HomeMy WebLinkAbout1998-10-13; City Council; 14883; Lease Agreement 2075 Corte Del Nogal8 B 2 2
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AB# 4s83
MTG. 10/13/98
DEPT. PW
CITY OF CARLSBAD - AGENuA BILL
TITLE:
APPROVE LEASE AGREEMENT WITH
PALOMAR 46 FOR LIBRARY STORAGE
AT 2075 CORTE DEL NOGAL CITY MGa
RECOMMENDED ACTION:
Adopt Resolution No. %*333 which authorizes the Mayor to execute the lease
agreement between the City of Carlsbad and Palomar #46.
ITEM EXPLANATION:
The Purchasing Department currently leases approximately 2,060 square feet of warehouse
storage space at 2075 Carte del Nogal for the library. The leased space is necessary due to
the lack of adequate conditioned storage space in the Library or in the Purchasing
warehouse for the storage of lower priority collections and video tapes, etc. The lease is
due to expire in October and it is necessary to extend the lease until the new Public Works
Operation facility and warehouse is built at the Safety Center in the year 2000.
The original lease was initiated in October 1989 for a term of three years at a rate of $1,565
per month. Cost of living adjustments increased the rent to $1,725 per month. Facilities
Management staff renegotiated the lease in 1992 at a rate of $968 per month. Cost of living
increases have slowly raised the rent since then to the current rate of $1,319 per month.
Because of the improving market conditions the landlord has increased the rent beginning
the first year to $1,339 per month, to $1,545 in the third year, which is still considerably less
than the initial rent.
FISCAL IMPACT:
The cost of the current lease is $1,236 per month, or $14,832 annually. The new lease
increases the rent in the first year to $1,339 per month, or $16,068 annually. The rent for
year two is increased to $1,442 and year three to $1,545. Funds are included in the
Purchasing Department Budget for this purpose.
EXHIBITS:
1. Resolution No. 98 -33 3
2. Lease Agreement
RESOLUTION NO. 98-333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF THE
EXISTING LEASE WITH PALOMAR t&6 FOR SUITE Q LOCATED AT
2075 CORTE DEL NOGAL STREET. CARLSBAD CALIFORNIA
WHEREAS, the City of Cartsbad, California has determined the need to provide
warehouse/storage space for the Library; and
WHEREAS, Facilities Management staff has negotiated with the property manager and
secured a new three-year lease with rent in year one of $1,339, year two of $1,442 and year
three of $1,545;
NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. That the new Lease Agreement between the City of Carlsbad and Palomar #46
attached hereto as Exhibit 2 is hereby approved.
3. That the Mayor is hereby authorized to sign the lease agreement on behalf of the
City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its
regular meeting held on the 13th day of October , 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Hall
ATTEST: I
. ALETHA L. RAUtENKRANZ, City Clerk J (SEW
Southern California Chapter of the
So&e@ df Industrial und Office Reultors,@Inc.
INDUSTRIAL REAL ESTATE LEASE
(MULTI-TENANT FAClLlTY)
ARTXCLE 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: l!EEsmw17, 19%
Section 1.02. Landlord (in&de legal entity): #I6
Address of Landlord: 5411 laYRam=, isl!lE110
afu?m,m 9x09
Section 1.03. Tenant (include legal entity): ClTfcF-
Address of Tenant: 0
Section 1.04. property: The Property is part of Landlord’s multi-tenant real property development Itnorm asl81r16 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 Pam a
street address, approximate square footage and description) M &.@&@e&&s (iinclude
-m.
ZX?5clRJEELKQC,SEQ . czAw.am, CA 92009
Section 1.05. Lease Term: 3 years 0 months hegfnnfng on W or such other date as is specified in this Lease, and ending on 71. 7001
Section 1.06. Permitted t.Je (See Article Five] e m
Section 1.07. Tenant’s Guarantor: (If none, so state) E/A
Section 1.06. Landlord’s Broker: Brokers:’ (See Article Fourteen) (If none, g itate)
Tenant’s Bmker: N/A
Section 1.09. t%nmission Payable to Landlord’s Broke (SW Article Fourteen) $ .N/1\
Section 1.10. Initial Security Deposit: (SW section 3.03) g 1.565.00 (ffl HAM))
Section 1.11. Vehicle Parking Spaces Allocated to Tenanti (See Section 4.05) m ASSIGNED
Section 1.12. Rent and Other Charges Payable by Tienpnt:
(a) BASE RENT: cNE?%EaNWD’IwotRIM3RFDTBlRTYsIxANDxx/100 Dollars ($ 1,236.OO )
per month for the first 12
13 months, as provided in Section 3.01, and shall be increased on the -
month(s) after the Commencement Bate, either (i) as provided in J, fmt day of the
Section 3.02. or (ii) sEERmrALs(3mxLE
, (If (ii) is completed, then (i) and Section 3.02 are inapplicable.) .-
ds for Tenant’s Pmperty Taxes (See Section 4.08); (vi)
Section 1.14. Landlord’s Share of Profit on Assignment or Sublease: (See Section 3.63) C@IE
e percent (100 %) of the Profit (the “Landlord’s Share”).
S&ion 1.16. Riders: The following Riders are attached to and made a part of this Lease: (If none, so state)
sECl!IIcN 15. 16, 17. 18 & 19
@ 1988 Southem California Chapter of the Society of Industrial and Offke ReeltorsP Inc. (Multi-Tenant Gross Form)
-
%AiOn 2.01. L6a6~ of bpt?rty For l&a~e Term. Landlord leases the Property to Tenant and Tenant le L es the Property kom 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 1.65 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.
%CtioA 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 tbe Property to Tenant on that date shaII not affect this Leese 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 shell 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 sirty (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 tinther 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 thereefter 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 thenin effect shall be increased by twenty-five percent (25%).
ARTICLE THIEF.: BASE RENT
Section 3.01. Time and Manner of Payment. Upon execution of this Lease, Tenant shall pay Landlord the 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 bs payable at Landlord’s address or at such other place as Landlord may designate in writing.
Statistical Area in
[a) The Base Rent (the ‘Comparison Base be increased by the percentage that the Ind
payment of the Comparison Base Rent began
increase by a written statement which shall in
applicable Rental Adjustment Date, the perce increase in the Base Rent provided for in this provided for in Paragraph 1.12(a).
1 the next Rental the increase, and ective date of the If the format or
bstitute an index
@I 1968 Southern California chapter of the Society of Industrial and Offics Realtors,. Inc.
2
(Multi-Temut Grass Form]
sectic - 03. Security Deposit Increases.
(al Upon the execution of this Lease, Tenant shall deposit with Landlord a cash Security Deposit in the amount set forth in %CtiOA 1.10 above.. Landlord may apply a)) 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-the 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 inttial 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 Tenent (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 GHARGEf5 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 mon&ly bMaBment of Base Rent. The teqn “rent” shall mean Base Rent and Additional Rent.
Section 4.02. Property Taxes.
(a) Ifaaf Property Tk. 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 Pmperty 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 t&al year, the Base Real Property Taxes are the taxes shown on tbe fiit 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 tbe real property taxes during the Lease Term exceed tbe 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,‘” mad maintenance, refuse or other services pmvided to the Property by any governmental agency; (iv) any tax
imposed upon this transaction or based upon a m-assessment of the Pmperty due to a change of ownership, as defined by applicable law, or other transfer of al) or part of Landlord’s interest tn 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, fmnchise. 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 pmperty 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 (IS) days after Tenant receives a written statement from Landlord for such
persona) 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 Pmperty. 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. ,
” @ 19~~ Soutbern CaIifomia Chapter of the Society of Industrial end office Realtors.* Inc.
3
(Multi-Tenant Gross Form)
&CtiOA A. insur8ncePolicies.
(a) M@ hWang. During the Lease Term, Tenant shall maintain a policy of commercial general liability / JIU~U~IAU~ (sometimes known ti broad form comprehensive generaJ liability insurance) insuring Tenant against habilityfor bodily injury. property damage (including loss of use of property) and personal injury arising out of the operation, use or occupancy of the Property. Tenant shall name Landlord as an additional insured under suJl policy. The initial amount of such insurance shall be- One Million Dollars ($1.000.000) per kxrrence 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 thts Lease. Landlord may also obtain comprehensive public liability insurance Jn 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 shell not provide primary insurance.
(b) Property and Rental IIXO~M Lns~rar~ce. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Property in tbe full amount of its replacement value. Such policy shall contain an JnBatJon Guard Endorsement and shall provide protection against all perils included within the cla.ssifJcation 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 fJood 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 instalJed by Tenant on the Property. .During the Lease Term, Landlord sJraJJ also maintain a rental income insurance policy, with loss payable to Landlord, Jn en amount equal to one year’s Base Bent, plus estimated reel pmperty 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 Jnsurance policies.
[c) Payment of Premiums.
(i) Landlord shall pay the “Base Premiums” for the insurance policies maintained by Landlord under Paragraph 4.M(b). If the Property has been prevJousJy 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. 84
[ii) Tenant shall pay Landlord the amount, if any, by which the insurance premiums for all polides maintained by Landlord under Paragraph 4.04(b) have increased over the Base Premiums, whether such increases result fmm the nature of Tenant’s occupancy, any act or omission of Tenant. the requirement of MY lender referred to in Article Eleven (Protection of Lenders), the increased value of the Property or general rate
increases. However, if Lendlord substantially increases the amount of Jnsurance carried or the percentage of insured value after the period during which tbe Base premiums were calculated, Tenant shall only pay Landlord the amount of incraased premhnns which would have heen charged by the insurance carrier if the amount of insurance or percentage of insured value had not been substantiaJly increased by Landlord. This adjustment tn
the amount due from Tenant shall be made only once during the Lease Term. Thereafter, Tenant shall be. ’ obligated to pay the firJJ amount of any additional Jncreases Jn the insurance premiums, induding increases resulting from any fu&ar fncreeses in the amount of insurance or percentage of insured value. Subject to
Section 4.05, Tenant sJmJJ 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. Jf the J.ease Term expires before the expiration of the
insurance period, Tenant’s liability shall be pm rated on an annual basis.
(d) General Insurance Provisions.
(i] Any insurance which Tenant Js 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 he prescribed tJme period or if any such policy is cancelled or modified during the Lease Term without
J,andJo&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
insurallw.
@ 1988 Southern California Cbspter of tbe Society of Industrial and Office Rea1tors.e Inc.
4
(Multi-Tenant Gmw Form)
(iii, -errant shall maintain all insurance ret@red 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 msurance
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.
WI 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) COIIUIBOII Areas. As used in this Lease, “Common Areas” shall mean all areas within tbe 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 arees, 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 Camnon 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 tbe 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 heas.
(c) Specific Provision re: Vehide 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 sixe automobiles or pickup
utility vehicles. Tenant shall not cause large trucks or other large vehicles to be parked within the Project or on the 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; matnte- 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 &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.
@ 1988 Southern California Chapter of the Society of Industrial and Office Reahors.o Inc.
5
[Multi-Tenant Gross Form)
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(e) Tt. At’s Share and Payment. Tenant shall pay Tenam a annual pro rata share of all 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 4.64 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 anticipation 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 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 Lendlord 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 be a $50.80 M assessed for M
- Section 4.07. Interest on Past Due Obligations. Any amount ow Non Suffici.. F. 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. ff 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.
Section 4.08. Impounds for Ins~ranca 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 (VU) 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 PROPRRTY
Station 5.01. Permittad Uses. Tenant may use the Property only for tbe 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 diierent 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 proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent +r?he installation or use
of any storage tanks on the Property.
, @ 1988 Southern California Chapter 6 lnitiald J&E//
of the Society of Industrial and Office Realtors.. Inc. (Mu&f-Tenant Gro& Form)
SectiOl 14. Signs and Auctions. Tenant shall not place . . . signs on the Property without Landlord’s prior written consent. Tenant shall not conduct or permit any auctions or sheriff’s sates at the Property.
Section 5.05. Indem&..‘Tenant shah indemnify Landlord against and hold Landlord harmless from any and /
ah costs, claims or.liability arising from: (a] Tenant’s use of the Property; (b) the conduct of Tenant’s bustneJs 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 pmperty 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
willhtl misconduct. As used in this Section, the term “Tenant” shah 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 Leese Term, subject to the provisions of this Lease.
ARTICLE SIX: CONDITION OF PROPERTY; MAXNTRNANCE, REPAIRS AND ALTERATIONS
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 shah 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. ah 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
Pmperty.
@ 1988 Southern California Chapter of the Society of Industrial and Off ice Realtors? Inc.
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Section . . ..&I. Tenant’s Obligations.
(al Except as pmvided.in &ticle Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant / shall keep ah 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
. . . . . * -. Landlord shall 1 ‘Le , * 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, fttt-class and fully operative condition.
(b) Tenant shall fulfil1 all of Tenant’s obligations under this Section 6.64 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 Pmperty and
perfom 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 ($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 shah 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-responsibihty 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 Leese, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without
material damage to the Property. Tenant shall repatr. at Tenant’s expense, any damage to the Property caused by the
removal of any such machinery or equipment. In no event, however, shall Ten& remove any of the following materials or equipment (which shall be deemed hndlord’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.
ARTKLE SEVEN: DAMAGE OR DFSTRUCTlON
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 (60%) 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.
@ 1666 Southern California Chapter of the Society of Industrial and Office Realtors.o tot.
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Sectior~ dM. Tenutt’e Obligations.
(a) Except as provided in. ArticJe Seven @emage or Destruction) and Article EJght (Condemnation), Ten.& shall keep alJ portions of the Property (including structumJ, nonstructural, interior, systems and equipment) in good order, condition and repair (including interior repainting and refinishing. as needed). Jf any portion of rhe property
or any system or equipment in the Pmperty which Tenant is obligated to repah 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]. v
- ---w --- Landlord shall F aintenance of the heating and air conditioning system at Tenant’s expense. In addition, Tenant shall, at Tenant’s expense, repair any damage to fie 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 m an attractive, first-class I1 and fully operative condition.
(b) Tenant shall fulfils all of Tenant’s ObJigations under this Section 5.04 at Tenant’s sole expense. Jf Tenant
faJJ.s to maintain. repair or replace the Pmperty as required by this Section 6.04. Landlord may, upon ten (IO) 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 &alJ reimburse Landlord for all costs incurred in performing such maintenance or repair inuhediitely upon demand.
Section 6.05. Alterations, Additions, and Improvements.
(a) Tenant shall not make any alterations, additions, or impmvements 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 whi& 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, Jn 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 repah 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 Leese and to restore the Property to its prior condition. all at
TMMt'S expense. All aJteratJons. additions and improvements which Landlord has not required Tenant to remove shell 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 folJowing 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 futuras; wall coverings; drapes, blinds or other window cov&ngs; carpets or other floor coverings; heaters, air conditioners or MY other heating or air conditionin
equipment; fencing or security gates; or other similar buJldJng 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 tJre 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 (SO%] of Tenant’s operations are materially impaired) and if the proceeds received by Landlord fmm the insurance policies described in Paragraph 4.64(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 impmvements.
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(b) lf tt.- .nsurance proceeds received by Landlord are not s zient 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 4.64(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 /
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 My) 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 tJie damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after *I
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.
Section 7.02. substantial or Total Destruction. II 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 Lhe 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, Jn which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thii (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 sJmJl 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, lf 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 Ior 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.
&?&on 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 talres title or possession, whichever occurs fmt. If more than twenty petcent (26%) of tlte 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 debvering
written notice to the other within ten (10) days aRer 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 &at the Base Rent and Additional Rent shall be reduced in proportion to the reduction in the fhror area of the Property. Any
Condemnation award or payment shall be distributed in the folJowing 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 Proparty; (bl second, to Tenant, only the amount of any award specifically designated for loss of or damage to Tenant’s trade fixtures or
I 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.
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@ 1988 Southern California Chapter of the Society of industrial and Office Rea1tors.o Inc.
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ARTI- NINE: Af+SIGNMENT AND SUBLElTING
e
f%~~On g-01* Lpadloid’~ con?pen b?&d. NO portion of the Property or of Tenant’s interest in this Lease / MY be acquired by any other person or entity, whether by sale, assignment, mortgage, sublease, transfer, operation of hw. 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 p&nership, my ,#I
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.
&~ti~n 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 Tensnt (“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 aI1 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 lo 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.
!hction 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. Lamdlord’s Consenl.
(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 tbe 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 end 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, includii 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 costa of renovation or construction of tenant improvements required under such assignment or sublease. Tenant is entitled to ~~COWX 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 laps 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 alI amounts to be paid from any assignment or sublease of the Property within thirty (30) days after the transaction documentation is signed, and Landlord may inspect Tenant’s bo&s and records to veriEy 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 tbe termination of this Lease in any other manner. In MY such event. ”
Landlord may terminate any or all subtenancies or succeed to the interest of Tenant as
subtenancies.
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Initials
AKlXLE TJiN: DEFAULTS; REMEDIES
Sect.fon 10.01. G~venMbs pnd Conditions. Tenant’s performance of each of Tenant’s obligations under this J”’ Lease is a COnditiOn as well as a covenant. Tenant’s right to continue in possession of the Property ts conditioned upon such performance. Time is of the essence in the performance of all coverrants 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 tbe Property results in the cancellation of any insurance described in Section 4.04;
(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 (go) -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 su& 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 shelf 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.
(a) 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. Remedius. On the occurrence of any material default by Tenaut. 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 terrnixia\ion 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 al 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 aud 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 ah of Landlord’s rights and
remedies under this Lease, including the right to recover the rent as it becomes due;
(cj 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 Cslifomia Chapter of the Society of Industrial and Oftice Realtors.o Inc.
11
(Multi-Tenaut Gross Form)
Sectio. J.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
dbsolutely 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 IO.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 fmm Base Rent and other rant 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: PROTECI’ION OF LENDERS
Section 11.01. Subordination. Landlord shall have the right to subordinate this Lease to any groud ]ea~e,
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
~hdl execute such further documents and assurances as such lender may require, provided that Tenant’s obligations under this Lease shall not ba increased in any material way (the performance of ministerial acts shall not ba 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. dead of trust or mortgage and gives written ~0th 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.
S&ion 11.02. Attomment. 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 (IO) 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 thtitkatee.
(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 within such ten (10) -day period. Landlord. and MY prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (iI 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. /
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@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,a Inc.
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(Multi-Tenant Gross Form)
Section -1.05. Tenmt’a Finam% Condition. Within ten (IO) days after written request from Landlord, Tenant shah deliver to Landlord such financial statements as Landlord reasonably requires to verify the net wo& of Tenant or any assignee, subtenant, or guarantor of Tenant. In addition, Tenant shall deliver to any lender designated J
by Landlord any fmancial 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 Legd ProCeedin@+. lf 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
CO&S 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 bsnkruptcy 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 CO&S Landlord incurs in any such claim or action.
Section 12.02. Lendlord’~ Co-t. 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 Tenyt proposes to do and which requires Landlord’s consent.
ARTICLE THIRTEEN: MISWOIJS PROVISIONS
Section 13.01. Non-Dkrimina tion. 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 ancestjl in the leasing, subleasing, transferring, occupancy, tenure or use of the Properly or any portion thereof.
Sect&m 13.02. I.an&omI’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 d 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 withii 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.
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 Tenant. the term “Tenant” shall include Tenant’s agents, employees, contractors,
Property with Tenant’s expressed or implied permission.
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@ 1988 Southern California Chapter of the Society of Industrial and Offke Reeltors.e Inc.
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(Multi-Tenant Gross Form)
Sedion -3-05. Nti~tt of Prior Agreements M~~ifi~ti~~ This Lease is the only agreement
between tha parties pertainine to the lease of the Property and no other agreements are effective, All amendments to/ this Lease shall be in writing rtnd signed by all parties. Any other attempted amendment shall be void.
Section 13.06. N&xs. AU notices required or permitted under this Lease shall he 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 diress specifmd in Section 1.03 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 no6a address upon written notice to the other party.
Section 13.07. Waivem. 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 13.06. NO RecordPti~n. 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. Bindiug Effec6 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. Coqmate 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 authorising 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 (36) 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 thii Lease as Tenant shall be jointly and
severally liable for all obligations of Tenant.
S&ion 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 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 shah not be binding upon either party until executed
and delivered by both parties. 8”
S&on 13.14. Survival. All representations and warranties of Landlord and Tenant shall survive the
termination of this Lease.
@ 1988 Southern California Chapter of the Society of Indust+ sod Office Rea1tors.e Inc.
14
(Multi-Tenant Gross Form)
Initials
2hem.B and Landlord and Tenant hereby consent to Landlord’s Broker acting t
0 Landlord exclusively; or
0 both Landlord and Tenant. J
Section 14.04. No Othe Section 1.08 above are the only that the brokers named in
be entitled to any commission t has dealt who are or may
IN A RIDER OR RIDERS ATTACHED HERETO OR IN THE NS ARE iNSERTED, PLEASE DRAW A LINE THROUGH THE
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.
Signed on I 19- PADX4R #46
at
By:
William II. Adair ItS: PV la’.-
“TENM’ 14
Signed on , 19- crJJYoFQ4RLsmD
at
Its: CLAUDE A. LEWIS. Ravor
Its:
IN ANY REAL ESTATE TRANSACTION, IT IS RECOMMENDED THAT YOU CONSULT WITH A PROFES- SIONAL, SUCH AS A CIVIL ENGINEER, INDUSTRlAL HYGIENIST OR OTHER PERSON WITH EXPERIENCE iN
EVALUATING THE CONDITION OF THE PROPERTY, INCLUDING THE POSSIBLE PRESENCE OF ASBESTOS, HAZARDOUS MATERIALS AND UNDFRGROUND STOOGE TANKS.
THIS PRINTED FORM LEASE HAS BEEN DRAFTED BY LEGAL COUNSEL AT THE DIRECTION OF THE SOUTHERN CALIFORNIA CHAPTER OF THE SOCIEl’Y OF INDUSTRIAL AND OFFICE REALTORS,* INC. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE SOUTHERN CALIFORNIA CHAPTER OF THE SCiI3El-Y OF INDUSTRIAL AND OFFICE REALTORS,@ INC.. ITS LEGAL COUNSEL, THE REAL ESTATE BROKERS
NAMED HEREIN, OR THEIR EMPLOYEES OR AGENTS, AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECI OR TAX CONSEQUENCES OF THIS LEASE OR OF THIS TRANSACTION. RETAIN LEGAL COUNSEL TO ADVISE THEM ON SUCH MATPERS AND SHOULD RELY , SUCH LEGAL COUNSEL.
@ 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 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 146 as Landlord, and CITY OF CARLSBAD as Tenant, covering property commonly known as 2075 CORTE DEL EOGAL. SUITE Q. CARLSBAD. CA. 92009. The terms used in this Section shall have the same definitions as set forth in the Lease.
RENTAL SCHEDULE
DATE BASE RENT CRM
11/01/98-10/31/99 $1236.00 $103.00
11/01/99-10/31/00 $1339.00 $103.00 11/01/00-10/31/01 $1442.00 $103.00
$X4 CHARGES
TOTAL RENT
$1339.00 $1442.00 $1545.00
CAM Charges are capped during entire three year term.
TAXES AND INSURANCE
Additionally Tenant will m be respons'ble for his Pro rata share increases in taxes and insurance beyo d the base year.
EARLY TERMINATION
Ten-t 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
This Lease Attachment refers to that certain Lease dated -112/17!98
by and between PAICMAR #46 as Landlord and n as Tenant for the premises known as n
e-
The following paragraphs are hereby incorporated into the aforementioned lease and made a part thereof:
PARAGRAPH 1) 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 aervica yard not striped or designated for parking. Leases 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 II 17. REPAIRS AND/OR REPLACEMENT. Lessee shall. at its sole coat. 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 inviteeel, including but not limited to windows and skylights, doors and store front, floors, carpeting, ,
ceilings, interior walls and interior eurfacea 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 a and mechanical
equipment ured by Lessee in good order. condition and repair and . . shall repair or replace any arphalt paving denaged by Lessee's , agsntr or inviteeo.
PARAGRAPH t 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 Leasox to perform this
repair. /
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Section .,Q - ‘YliM lhissions; SLorarJo, use 6 Disposal madeparpartof Waste i c aI-l-;lrhr>rl I ,. . ..-I
between the -at certain real estate Lease (thm "r-c-"\ a-c-3
pAILMaR IlAG hndlordand I Property coesnonly known as:_ terms used in this Section shall ha\
AI ..--“-..bY C” UllU t-
cnr+cARLsBAD ---- ’ ---- , as Tena+, Covering the 2075 CcrftTE- rA mq The re the same definitions as set forth in the Lease.
J
EMlSSION$; STORAGE, USE AND DISPOSAL OF WASTE I .’
I. Emlsslons. Tcnani shall not
a. Parrnil any vchi~lo on lhc prcmisos lo cm11 oxhausl which is in vidalmn 01 any govornmcnlJl law, rule. rcgulauon or roquiromcnl;
b. Dis~h~cgo. cmil or pormll lo bo d~schargod or onultod. any lmutid. solid or gaseous mallcr. or any combinahon lhorcol. inlo lho amm5phcro. lha g,ouncJ 0, any lmuy 01 WJLW. wlrlcll m~llor. P5 rua5M;lbly uolurmloou by Lcsscr 0, any govcrn,non,a, cn,,,y* a#m5* QI
may. pollulo or ~onlam~n.rlc Iho same. or r5. or mey bt!COnIO. radiOaC5vo or duus. or may. advursoly illlocI lho (1) hoallh or sa101y 01
parsons. whorovor locolcd. wholllCr on Ihu prcmrsos or anywhoro ulso. (2) COMIIIK)n. USC or cnloymonl 01 Iho prom&o5 or any olhor real
or pcr50nal propcriy. whclhcr on lhe ptcm~sos or mywhcrc cko. or (21 prumlsos or any 01 IhO lmprovomcnls Ihcrolo or Ihorcon lncludlng
bwkltngs. loundalions. p~pcs. ulllily lmos. Iandscopmg or parlung arcas;
C. PrcducP. or pcrmil lo bo produced. any mlonso glare. lighl or heal cxccpl wilhin an cncloscd or scrccncd arca and lhcn only in such
m-r lhal Iho glare. llghl or hoal shall ncl bc d8scormblc lrom oulsido lho prot~sos;
d. Craala, or pormil lo bo crcalod. any sound prcssuro bvol whkh w&II inlcrloro will1 Iho qwol onloymcnl 01 any real propony out5ulc MO prarnisos. or which WIII croalo a nuisance or vmlalo any ~guvornmonlal law. rule. ruc~ulabcn or raquiromcnl;
a. Croak. or pcrmil lo bc crco~cd. any ground vibralion Ihal is dlxorrvblc Oulsido lho promisas;
I. Transrrkl. racoivo or pormil lo bc lransmtllcd or rocoivod. any oloCComagnclic. microwave or olhor radiallon wmch IS karmlul or
hazardous lo any pcrson or properly in. M or oboul Lhc promises. or anywhoro also.
2 Sloraga and Usa.
a. Smrago. Subiocl lo Ihc uses pormillod and prohibrlcd 10 Tonanl under UIIB looso. Totwnl shall 5loro in approprialo leak prool Cortlatncr5
all sold. Ilquid or gaseous mallor. 0, any COmlu~~alKW Ihorod. wluch mallIN. il tJ~sclwrgocJ 01 CmllluU lnlo Iho almosphoro. Iho ground or
any body 01 waler. dots or may (1) pollulc or conlaminrrlu lhc somo. or (2) JJvorsOly allucl Iho (I) hcallh or saluly 01 persons. wholhor on
Iho pomisos or anywhoro clsc. (ii) C0nclnW-I. use or onjoymonl cl Ihc prcmisos or any real Of pcrson~l pruporly. whclhcf on Iho prcmlsos
cr anywhcro clsc. or (III) ptomiscs or any 01 Ihu unprovomcnls lhorclo or lhcroan.
b. L&o. In addulon. wvnlhoul Landlottis pnor wrillcn conscnl. Tunanl shall nolu50, Slora or pormil lo romain on Iho promrsos any solid. Itquid
or ga5cou5 mallor which 15. or may bccomo. rad~oocl~o. II Landlord door pivo 11s consonl. Tonam shirll sloro Iho malurial5 5-1 SuCh a
mannor lhal no rad~oacl~v~ly wtll bc doleclablc oul51Jo a dcslgnalcd slorirgc arou and Tonenl shall use Ihc m~lonirl5 m such 5 mannor lhal
(I) no roal or pctsunal properly ouls~du 11~’ dc51gn~lod sloragc area shall bCCMno CWlumWlod lhotcby or (2) Ihorc am WKI shall be no
advorso cllc~ls on lhc (I) hoellh or salcly or pctwn s. whulhur on lhu prum~sos or anywhurc clso. (II) Condlbon. USC or cnloymonl 01 Ihc
prcmrscs or any real or personal properly llwruon or lhurom. or (51) prcmiso5 or any 01 lhc ImpWvCmonlS Ihcrolo of lhcrcon.
3. Disposal 01 Waslo.
Flcluso Disposirl. Tcnam shall no1 hoop any Irash. garbago. waslo or olhor roluso on Iho promiso5 yxcopl in sannary Conlainors and shall
regularly and lrcquonlly rcrncva samo born Iho prum~sos. Tcnanl shall kocp all UICinuralors. conlrunors or olhor cquipmcnl used lor Iho
slorago or disposal 01 such malcrials in a clean and ranilaiy ronddlon.
Sowogo Disposal. Tcnanl shall properly d~sposo 01 all sanilery sowago and shall nol use Ihc Scwagc drsposal syslom [I) lor Iho dtsposal
cl anydung OxCopl sannllary sowago or (2) cxcoss 01 lho lossor 01 lho amounl (a) reasonably wnlomplalod by Iho us05 porrmllod under
lhis Loaso or(b) permillod by any govornmonlal cnuly. Tunanl shall hccp Ihc SCWJCJO cltspcsal syslom lroc 01 all Obslrucltons and 5-1 gooQ
oparaling wndilion.
D@as~la/D#~or Wirslo. Tonanl shall properly d~spaso 01 all olhor waslc or olhor mallcr dolivcrcd lo, slorcd upon. localed uponor wilhin.
u5od on, or rcmovcd born. lho prcmiscs II\ such a marmar War is does ML and will MI, advOrSOly allccl lhc (1) hoallh Or saloly d parsons.
whorcvcr )ocalod. wholhor on Iho prcnvsos or olsowhcru. 12) Cmldllmn. us0 or cl~oymcnl 01 Iho prclnlsos rN any olhcr IO+51 Or pOfSanti popc,ly. whcrevor lw;llwJ. wluzlhor on lhu ptomisos or onywhoro olw. or (31 prcmiSoS Or any 01 Ill0 lmpruvcmcnls lhorolc Or lhoroon
in&dmg buildings. loundalions. pipes. ulilily lines. landscaping Or palkIng aroils.
4. Compliance wilh Law. Nolwnhslsnding any olhor provision in IhiS LoOSO IO u\O ConkUy. Tonal shall comply wllh all laws. sl;rlulos.
crdmaccs. rcgulalions. rules and olhcr govornmonlal roquiromonls n Complying WIIII Us Wigalmns uMlcr Ulis Icasc. and m parWular.
rolaling’ IO Iho sloragc. USC and disposal 01 harardous o( loxic rnallo~.
5. Indamni(ica(ian. Tananl shall dclcnd. indotmvly and hald Landlard harm&s hOill Jtly loss. ClJim. !IJbillly or cxpcnsc. lllCkr&ng allOrfWyS* (aas and casl& arlsloq out ol 01 in ConnccLlon will\ ils lailuru lo ob~cfvc or comply wllh hc ~OVISIO~S 01 lhis Loaso.
UNOLORD: Pm #46 b
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TENANT:
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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 :MENT DATE TO NOTIFY LANDLORD IF PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS ARE NOT IN SYSTEMS ARE NOT IN GOOD WORKING ORDER. IF NOTIFIED LANDLORD WILL MARE REPAIRS AT LL MARE 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.
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rc- RULESANDREGULAT.-NS
No sip, ptacafd, picture, advertisemenl. name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside or inside of the Building without the w&tan consent of Landlord first hand
and obtained and Landlord shall have tha right to runovo any such sign, placard, pictu?, advertisement, name or notice without notice to and at the expense of the Tenant.
All approved signs or lettering on doors shall be print& painted, afiixcd or inscribed at the upense of
Tenant by a person approved of by Landlord. Tenant shall not place anything or allow anfling 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: providul. however, Landlord may require a Building Standard window covering
at all cxtcrior windows. Tenant shall not without prior written conzcnt of Landlord cause or otherwise sun
scccea any window.
The sidewalks, exits, entrances, shaJl not be obstructed by my of the Tenants, or used by them for any purpose other than for ingress and egress from thcii rcspectivc Pcanisa.
Tuunt shall not alter any lock or install my ntw or additio& IO& Oc my bolts on my do0t-s Or windows of the Promisa.
?he toilet rook, urinal, wash bowls and other apparatus shall not be us& 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 ruulting from the violation of fhis rule shall be borne
by the Tenant who, or whose empfoyw or invitcc(s) shall have caused it.
Tenant shall not in any way deface the Praniw Or any put (hereof.
Tenant shall not use. keep or permit to ba used or kept any foul or noxious gas or substance in the Premises,
or permit or suffer the Prcmisw to be occupied or used in a manner offensive or objectionable to the Landlord or other occupants of the Building by reason of noise, odors, and/or vibrations or interfere in any way with other Less= or those having business tbcrcin, nor shall any animals or bii be brought in or kept in, on, or abwt the Premii or Euilding.
Lessee shall not w or keep in the Prcmiscs or rho D&ding any koroscnc pxioline or inflammable or
combustible fluid or mat&l, or uso any mcth~d of beating or air c~ndlti~ning Other than that supplied by
lalldlord.
Landlord rcscrvu the right to acludc or expel from Ihe premises any person who. in tie judgemw 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 the50 Rules and Rcgulationt.
No vending m&ins or machines of any ducilption shpll be inStiled, nUhIUinCd Of OpUatcd upon the Pccmisa witbout tho writm consent of lo Landlord.
Landlord &II have lhe right, exercisable wilhout notice and willtOut I’iilily t0 Landlord t0 chWe Ihe name
and street address of the Building of which the Pruniiet i~0 a Put.
Tm $bJl not d&tub, s&it, canvas any occupant of rho Building and sbtil CWpctatO to PrWa Same.
without the written fonscnt of hdlord, Tenant shall not uso Ihe name of thhe Building in CoMection with or in promoting or advertising the businar Of Tuunt Mpt as Ta’s add-*
AII garbage and r&so &all be placed by Tenants in coatzinus.
EXHIBIT’D’
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No aerial or antenna shall be aectcd on the roof or exterior walls of the Lca!tcd Premises, or on the grounds without in each instance, the written consent of Landlord first being obuincd. Any aerial or antenna so
installed without such written consent shall k subject to removal by Landlord at any time without notice.
No loud speakers, television, phonographs, radii or other devises shall ba used in a manner so as to be
hurd or seen outside of the Lused Pm&es with the Prior written consent of Landlord.
The outside arw~ immediately adjoining the Luscd Premises shall be kept clean and free from dirt and rubbish by Tenant. to the satisfaction of Ihe Landlord, and Tenant shall not place or permit any obstruction or materials in such areas. No utaior storage shall be Jlowcd including, without limitation, the storage
of motor vehicles, ttucks. boars, trailers, pallets, drums, or equipment of any kind or nature, without the pcrmissiin in writing from Landlord.
Tenant shall use at Tenant’s cost such pest eatcrmination umtracmr as Lydlord may direct and at such lnlomala N Landlord may require.
Tenant shall not burn any trash or garbago of any kind in or about the Leased Premises or the Project.
No &dential use. including without limiting the generality of 40 foregoing. residing, sleeping or cooking
arc permitted on’ the Premises or anywhcr8 on the Project.
No animals of any type, Including., without limiting tho generality of the foregoing, pets, yard dogs, exotic animals, reptiles or bids, art permitted on tha Prunii or anywbcm on the Project.
Landlord reacrves the right, by writtcc notice to Tenant, to rescind, alter or waive any nilc or regulation at any time prescribed for tbc Building when, in Lstndlord’s judgment, it is mawry, desirable or proper for the beat interest of the Building and its Taunts.
The trash dumpsters in the common arcas arc drPipnal for offtco and light waste only. If a Tenant is a
heavier gcncrator of trash, it is the rcsponribility of the Tenant to contract directly with a trash disposal eompany for a dumpster and trash pick-ups. Under no circumstances are contractors allowed to place
sonunrstiondebrisinanydutnpstcrinttmpark. .
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BCHIBIT ‘D’ Pag82Of2
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TENANT: tiTY.OF m
UNIT ADDRESS:
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2075 CrcwTE DEL NoGAt, SUITE Q CARLSBAD, CA 92009 ,
QUALITY AN&OR SIZE HEIGHT, LENGTH ETC.
ITEM:
X STANDARD IHPROVEMENT ONLY
STANDARD IMPROVEMENTS PLUS THOSE SHOWN BELOW.
PARTITIONS:
CEILINGS:
FLOOR COVERINGS:-
PLUMBING:
LIGHTS I
SWITCHES:
WALL ELEC. OUTLETS:
PHONE OUTLETS8
A/C OR VENT FAN:
A/C HOOK UP:
WATER HEATER8
PAINTING:
OTHERI .,
LEESEE SHALL HAVE NINETY (90) DAYS FROM COMMENCEMENT DATE TO NOTIFY LANDLORD IF PLUHBING. 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 LISTED ABOVE WILL BE
FINAL. ANY ADDITIONS WILL BE PAID FOR BY THE TENANT.
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PAL&MR AIRPORT ~USINl+ PARK :.
PALOMAR y46 ' "'
Btandord Tansnt I.D. Sign - Multi Tenant . size, 12. x 4'
Materiala Redwood or'wsetern Red Cedar
Letter Heights 49 maximum, no more than 6 words All AettrrLng to bo approvrd by Ownrr/Leseor
CoLor I To be determined by building colore - any changro to L br approved by Ownrr/Lmssor
Mardwaro~ Primed and enamelled to withstand ruet
Mounting1 Two methodo dimplayed below'
Concrete wsll mounting
Standard Tenant I.D. Sign - Single Tenant
Tenants who are the oole occupant of a building ace entitled to eithrr a monument eign +oGatrd closm to thm entry, or a sign on the building,
s'i se , The combined squorr footago if rither sign shall not exceed 24 squarm feet.
Material8 Several material are acceptable; Concretr. Steel or Redwood
Approval8 Specifications and drawinga shall br approved by . Ownsr/Leaeor . .
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PALOMAR #46
SIGN CRITERIA
1. SIGN CRLTPRIA
' This criterir establishes the uniform policies for all Tenant l ign indentificetion within the PALDNAR AIRPORT BUSINESS PARK. Thin criteria haa been eotablimhed for the purpooe of maintaining the overall epprarance of the Park. Conformance will be strictly enforced. Any eign 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, s
.A. General .Requirements
l? A drawing of tho size and ohapo of tho approved
8ign ia attached. Lottering and installation shall be paid for’ by the :.Tenant.
2. Landlord shall approve all copy and/or logo design prior to the installation of the oign.
3. Landlord ohall direct the placement of all tenant signe and the method of attachment to the building.
4. Tenant shall be reoponsible for the fulfillment of all requirements of this criteria.
8. General Snecificatione
1. The oign'a dimensiona ohall be 12’ high by
4 foot wide.
2. Tensnt shall bo alloved on0 sign rogardloeo
of air0 of occupancy.
3. All sign lettering ohall be white in color. No other color ehall be o maximum of 4. in height.
4. No electrical or audible sign'e shall be allowed.
5. Upon expiration of losao, tonant shall remove sign insort only.
6. Except ae provided heroin, no advertising
placarde, bannere, pennanto, names. ineignia, trademarks, or other descriptive matmrial ehall bo affixed or maintained upon any automated machine. glass panee of the building, landscaped areas, streets, or parking areas.
7. Signage iS atTenantsexpense. Theestimated.cost$200.00 plus installation. Please contact Signs onfiiui~ (431-1051).
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OCEAN POINT TECH CENTRE
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PALOMAR PARKS 14, 28 6 46
Welcome to our Carlabad Parks! To ineuro that your mow goes smoothly, we have collected a list of servicee you cay find useful. Also, please contact your Insurance Agent - per your lease, you are required to carry public liability inmrance.
LEASING OFFICE: 5411Avonida Encinas.4110 Carl&ad, California 92009 Sandy Yatson, Property Ngr . Shari Beere. Asst Prop.Hgr. (760) 438-9200
SEND RENT CHECKS TO:
BUSINESS., LICENSE:
ELECTRICITYi
POLICE I
POLICE/FIRE EHEBGENCIES 911
TELEPHONE Pacific Boll l-800-750-2355
POST OFFICE:
550 Went C St., Ste 1920 San Diego, California 92101
1200 Ele Ave. Carlsbad, Ca. (760) 434-2882
S.D.G C E 1816 Oceanside Blvd Oceanside, CA l-800-411-7343
Carlsbad Police Dept. 2560 Orion Way Carlsbad, Co (760) 931-2197
2772 Roosevelt Street Carlsbad, Ca 1-800-275-0777
MEMO
October 20, 1998
TO: Chuck Walden % Pauline Killinasworth
FROM: Kathleen D. Shoup, City Clerk’s Office, Ext. 5106
SUBJECT: LEASE AGREEMENT - LIBRARY STORAGE
Enclosed are two original Lease Agreements with Palomar ##46, for warehouse
storage space at 2075 Corte Del Nogal, Suite Q, for the library. They have been
fully signed and initialed by the Mayor.
Per instructions from Karen Kundtz, we are keeping one of the three original
Lease Agreements for our files.
We ask that you return one of the fullv executed documents to the Citv Clerk’s
Office for the permanent files when Palomar ##46 has signed and/or initialed the
two enclosed Lease Agreements
If you have any questions or problems with these documents, please call me. I’ll
be glad to help out.