HomeMy WebLinkAboutCUP 196A; Montessori School; Redevelopment Permits (RP)LAIMO . '31.AIMNINO <i>lPLICATION
DISCRETIOtlARY ACTIONS
REQUEST
• Zone Change
• General Plan Amendment
• Tentative Tract Map
• Major Planned Unit Development
• Master Plan
• Major Redevelopment Permit
• Minor Redevelopment Perrait
• Precise Development Plan
(check other boxes if ^prt^riate)
•Specific Plan
•Si^e Development Plan
-QCSnditional Use Permit
•Variance
•Planning Ccninission Determination
•Special Use Pennit
•Structure Relocation
•Major Condominium Pennit
•Coastal Pennit (Portion of Redevelopment
Area Only)
Complete Description of Project (attach additional sheets if necessary)
A Conditional Use Pe.rmit to operate a Montessori School
with extended day care on property generally located on the
east side of Madison Street. (See attachment)
Legal Description (complete)
Lot 7 and 8, Block 48 of Carlsbad according to map thereof
No . 535 filed in the Office of the County Recorder of San Diego
County May 2, 1888.
General Plan
RMH-0
Assessors Parcel Number
203-351-4 & 5
Zone
R-P
Existing Land Use
Approved CUP for school
Proposed Zone
R-P
Proposed General Plan
RMH-0
Site Acreage
14,000 square feet
Owner Applicant
Name (Print or Type)
Fred Parker
Name (Print or Type)
Joan Burke
Mailing Address Mailing Address
2 0.0 2 California
City and State Zip Tele^t^ne City ard State Zip Telephone
I CEfffi^ IHAT I AM THE OWNER'S REPRESENTATIVE
AND IHAT ALL IHE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST QF MY KNOWUDGE.
an .s i„d e,—CA. 92054 439-0898
I CERTIFy THAT I AM OHE LEXSAL OWNER AND
THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF m KNOWLEDGE.
DATE DATE
tJ'/Ui
Receipt No, ppllpation Rec'd
3ate Application Rec'd Ccute Nuiiber
PRQJECT DESCRIPTION CONTINUED
The Application for Conditional Use Permit is an amendment to the
existing conditions on CUP 196, approved (^larch 11 , 1981 , allouing the
Special Use Permit to be assignable to others, other than Carlsbad
School, Inc.
The Applicant is Children's Hontessori World which is the partnership
of Joan and Pam Burke. They currently are licensed by the State and
operate a Montessori School in the City of Oceanside and hav/e done so
for tujo and a half years under a use permit. This site uill be their
second facility.
Accompanying the application, is literature and scheduling of
activities for Children's Montessori World.
In addition to Condition 7, we'd also request the modification of
Condition 14 on the expiration date of the Special Use Permit and
request that the time correspond to the lease for the premises which is
for three years with an option for two. The current Special Use
Permit expires on March 1 1 , 1 988. Uie request modification of the
condition to expiration in five years from date of approval of the
modified Use Permit. This would allow an additional one year time
from the seven years originally approved.
No additional modifications are requested to the conditions
previously approved under the original use permit. The Applicants
agree to abide by all the conditions and are looking forward to
establishing an operation within the City of Carlsbad.
CHILDRENS' MONTESSORI WORLD
PHILOSOPHY
Our basic aim is to free the individual child's potential for self-development
through the provision of a "specially prepared environment" which possesses order
and helps the child develop according to his capacities in a non-competitive
atmosphere.
We believe there should be respect for the child.
We believe children understand, learn and remember more when they actively
participate in the learning rather than by observing and listening only.
The child is free to choose the worl< he wants to do within limits.
The Childrens' Montessori World school offers to the child love and security.
We believe in using positive reinforcement with the child to encourage, not
discourage him learning.
We believe .learning should be an enjoyable and rewarding experience.
We believe each child is a unique individual and should be treated as such.
GOALS
1. To open the world up to the child. To give the child the opportunity to
explore his world.
2. For the child to foster a love of learning.
3. To encourage the child to ask questions. To seek answers to his questions.
4. For the child to gain self-confidence and believe in himself.
5. For the child to gain independence. To learn to be an individual and
discover that he is a unique individual.
6. For the child to develop self-discipline.
7. To place emphasis on the individual child, not on the whole group.
8. To foster security in the child.
9. To have a prepared environment that will benefit the child's mental, social,
and physical growth.
10. To encourage intellectual, social, and physical development of the child
through education.
PRESCHOOL (CLASS I) DAILY SCHEDULE
The following schedule has been developed with much thought and careful
consideration to the unique needs of the young child. Please remember
our days are process-oriented, not product-oriented.
7:30 - 8:20 a.m,
luxild (^iTiix.^^ dunv^ ,
8:20 - 8:35 a.m.
8:35 - 9:00 a.m.
9:00 - 10:30 a.m.
10:30 - 10:50 a.m.
10:50 - 11:20 a.m,
11:20 - 11:30 a.m.
11:30 a.m.
11:30 - 11:40 a.m.
EARLY MORNING CARE
Children arriving at school during this
time help prepare the environment for the
day by taking down chairs, preparing days
snack, sharpening pencils, etc.)
ARRIVAL TIME
Children will ONLY be greeted during this
time. Say a friendly good-bye, only one
time, and leave. If your attitude is calm,
positive and matter-of-fact this gives the
child great security. Always try to be on
time. . . a tardy start means something missed
and it is difficult for the young child to miss
part of the morning's routine. One who
consistently brings a child late shows lack
of respect for the child's feelings and our
school's program,
GROUP CIRCLE TIME
Activities included in this time period
are attendance, calendar work, sharing,
general discussion, new presentations of work,
INDIVIDUAL WORK PERIOD
Children are involved in work of their
choice and/or guided to work with a teacher
in a definite area. Individual and/or small
group presentations are ongoing,
GROUP SNACK TIME
GROUP OUTDOOR PLAY TIME
GROUP CIRCLE TIME
DISMISSAL TIME FOR CHIDREN WHO ATTEND MORNINGS ONLY
(please see final dismissal time)
LUNCH PREPARATION TIME
Children remaining at school for lunch wash
hands, set out their lunch at the table.
11:40 - 12:30 p.m. LUNCH PERIOD
-2-
12:20 - 12:35 p.m. DEPART-ARRIVAL TIME
^V^P>V ^^^^^-K^ Dismissal time for children who attend only
through lunch. See final dismissal time.
^^^"^ Children arriving for afternoon session
see ARRIVAL TIME above.
12:35 - 1:00 p.m. GROUP CIRCLE TIME
Activites included in this time period
are attendance, calendar work, sharing,
general discussion, new presentations of work.
12:45 p.m. NAPPERS
Those children attending school all day
and requiring a nap are excused to the nap
room.
1:00 - 2:30 p.m. INDIVIDUAL WORK PERIOD
Children are involved in work of their
choice and/or guided to work with a teacher
in a definite area. Individual and/or small
group presentations are ongoing.
2:30 - 2:50 p.m. GROUP SNACK TIME
2:50 - 3:20 p.m. GROUP OUTDOOR PLAY TIME
3:20 - 3:30 p.m. Afternoon clean up
3:30 p.m. FINAL DISMISSAL
^^^fi>n)^ 3D-^ c/o greet your child at his/her day's
^ end, remember to ask questions about them,
rather than "products of the day's activites."
This reflects a true interest in your child,
not an evaluation or criticism of his/her work
- 4:30 p.m. EXTENDED CARE SESSION I
Children are involved in outdoor play
during this time.
- 6:00 p.m. EXTENDED CARE SESSION II
Children are involved in outdoor clean-up,
stories, songs, group games, arts/crafts, and
indoor clean-up (trash emptied, chairs on
tables, etc.).
s
. X
MONTH
1984-85 CLASS CALENDAR
£
SEPTEMBER Tuesday 4
To be announced
HOLIDAY/EVENT
First day of school
OPEN HOUSE
NOVEMBER Friday
Thursday
Friday
16
22
23
NOME Teacher Conference
NO SCHOOL
THANKSGIVING VACATION
THANKSSIVING VACATION
7 f. ^
DECENBEJ
.t-.' ^«ei^^^^f day
Monday
Friday
Thursday
Tuesday
JUNE
24
2
7
8
18
22
4
9
27
21
WIKTER VACATION STARTS
Schodl resumes
Progres^s reports sent home -I^VA^-^
PriiM^ss reports &e»t home
PRESIDENTS DAY HOLIDAY
NO SCHOOL
Progress reports due back at school
SPRING VACATION STARTS
School resumes
MEMORIAL DAY HOLIDAY
NO SCHOOL
Graduation
Last day of school
JULY Monday SUMMER SESSION 1985 BEGINS
MONTESSCRT'PRESCHOOL INFORMATION MANUAL
1, Why should I send my child to Preschool?
M9St educators and psychologists today agree that the single most
important period in the development of a persons intelligence occurs
between birth and age five. A child's mind is extremely absorbent and
his curiosity is at a peak during these early years. When properly
nourished and stimulated, the child's mind forms patterns for learning
that serve him well throughout his life. The Montessori system of
preschool education has proven to be one of the most effective and
fastest growing methods to guide a child through these critical years.
2, What is the difference between Day Care, Nursery Schools and Preschools?
Day Care Centers are generally for the purpose of caring for children on
an all day basis. Nursery Schools cure generally experiences in sociali-
zation and play on an all day basis. Preschools are oriented toward
educational experiences combined with socialization and play on an all
day basis.
3. How is a Montessori Preschool different from other Preschools?
In most preschools the children are taught educational concepts in
a group by a teacher. In a Montessori Preschool the children learn
concepts spontaneously as they woric independently with the many
materials in the environment.
4. What is the Montessori Method of Education?
The Montessori Method of education is basically a unique approach to
learning. Rather than "teaching" the child concepts, an environment
is designed to stimulate the child's interest and facilitate his
understanding and learning capacities spontaneously — with little
or no adult intervention.
5, What is the purpose of the Montessori Method?
The main purpose of the Montessori method is to develop environment
where the child can unfold spontaneously and manifest the greater
person within. According to Maria Montessori, "the child is the
father of the man". As the child begins to develop this inner self,
his love of life and learning expands continuously.
6. Who started the Montessori Method?
Dr. Maria Montessori, over 75 years ago, was Italy's first woman medical
doctor. Using her scientific background, she began observing children
in the children's houses of Rome. Based on her unbiased observations
she developed unique materials, a child-centered environment, and was
one of the first persons to revolutionize educational thought by stressing
respect for the child, freedom of expression, self-education, and training
through use of movement and the senses.
>
7, What is in a Montessori classroom?
The Montessori classroom is a child-size world. Whatever is in the world
outside cam be incorporated meaningfully in the Montessori classroom.
To a child, the world is unmanageable — it is too big, too complex and
too confusing. By careful selection of materials by the Directress, an
environment is set up that allows the child a place to explore life
on a level he can understand. The materials or Exercises are designed to
stimulate independent exploration. This prepared environment entices
the child to proceed at his own pace from simple activities to more
complex ones. Through this process, the child's natural curiosity is
satisfied and he begins to experience the joy of discovering the world
about him. Materials and curriculum center around Practical Life,
Sensorial, Language, Math, Reading, Geography, Science, Art, Music,
Drama, Dance, and Physical Education.
3. How do children interact in the environment?
As the children develop their sense of pride in their 'Vork"-, a feeling
of confidence, well being and joy begins to manifest itself in the child.
A "new child" is born. A classroom of Montessori children is a joy to
watch. There seems to be a spirit of respect, love and cooperation among
the children that is not foxind too often.
9. What is the role of the Montessori teacher?
The Montessori teacher is called a Directress because she facilitates
the classroon activity. She carefully plans the environment in the
interests of the children and she helps the children progress from one
activity to the next. She is trained to deal with each child individually,
allowing him to choose from many activities within his ranqe of ability.
She stands back while a child is working and allows him the satisfaction
of his own discovery.
10, with all the freedom, isn't there confxjsion?
The concept of freedom in the classroom is a freedom within limits.
A child is allowed to work freely so long as he does not distiurb others.
Actually, the children having the freedcxn to follow their interests are
generally happy and busily involved in their work.
11, What is the best age to start a child?
i^aria Montessori outlined various periods of "sensitivity". During
these times, a child is more capeible of and interested in learning
specific concepts. At age 2.6 - 3.6 a special sense of order, concentration,
ccxardination and independence begin to emerge. This time is ideal to
begin a child's training in Montessori as he is at the perfect period
to build a strong foundation for future leeurning^
12, How do Montessori children adjust to'public schools?
Children who have been in a Montessori environment are generally very
flexible and adjust quite easily to the public school situation. They
are generally better students and spend their time in more productive
ways because of their self direction and positive attitude toward learning.
12, What about socialization and group work?
Socialization is very much a part of the Montessori method. In the
classroom you'll notice children interacting continuously, choosing
to work on projects together, and older children helping younger
ones. Each day there is some group activity and play outside.
14, Who is the Montessori Method designed for?
The Montessori Method is am "approach to learning" and as such has
no distinction of class or intelligence. It has been used successfully
in all parts of the world and in all types of programs, i.e. Headstart,
gifted children, mentally retarded, average children, etc,
15, Isn't Montessori expensive?
Tuitiion in Montessori preschools throught the country is sometimes higher
than other preschools because of the extensive materials, enconpassing
environment, curricxilum and tretined staff. It is, however, a very
reasonaible cost in contrast to other activities you would plan for
yourself ar ybur child. It becomes a matter of what you value most.
To give yoxir child the finest possible experience in his most sensitive
years is to give him a strong foundation throxoghout his life and probably
ward off investment later to correct or remedy that which was missed.
Many educators believe that it is wiser to invest in a child's preschool
education tham his college education. The child who enjoys learning and
becomes self-directed at the critical preschool age will benefit through
all his years of learning. The expense now is a profitable long-term
investment!
16, floes Montessori employ current reseaurch amd theoary in educational methods?
Montessori is not a static or closed system of education. While there
are certaiin materials and methods that have been proven effective through
the yeaurs, Montessori is as much am attitiide about education and children
as it is a specific method,
17, Do you encourage Parent Involvement in the school?
We courage parent involvement through conferences, observations,
discTiSsions, parent evenings» assisting in the classroom, making
materials, etc. The staff feels that the more paurents can under-
stand the experiences of the child in the classroom, the better able
they are to follow through at home. When parents follow through at
home, the child benefits even more because he has a consistent environment
in which to grow.
Planninq Commission Determination
Xl Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
eighteen (18) copies of items B-D (if applicable)
items P-I, L, M, O
4. General Requirement Items for Density Determination:
eighteen (18) copies items B-D
items E-I, L-0
5. Fee: $330.00
Major and Minor Redevelopment Permits
TT"^ Application Form "
2. General Requirement Items:
Major:
eighteen (18) copies of Item B-D
items E-M and material samples (if applicable)
Minor:
eighteen (18) copies of items B-D (if applicable)
items E-F, ,H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary).
4. Coastal Permit if applicable.
Structure Relocation
TI Application Form
2. General Requirement Items
eighteen (18) copies of B and D
items E, F, H, I, M
inspection notice from the Building Department
3. Fee: $120.00
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary gradinq plan
(^4" X fSlSed to 8 172^ X 11^)^
Each tentative map/preliminary grading plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
Residential Condominiums
$530.00 (50 units or less)
$1,050.00 (50 units or more)
$365*00 (Amendment for 50 units or less)
$655,00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for Condominium
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$875.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
TZ Application Form
2. General Requirement Items
eighteen (18) copies of items B-D
items E-I, M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
TI Application Form
2. General Requirement Items:
eighteen (18) copies bf items B-D
items E-0 (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Engineering
Department for Special Use Permits
Variance
TI Application Form
2. General Requirement Items:
eighteen (18) copies of item B and D (if
applicable)
items E, F, H-K, M, O
3. Variance Supplemental Sheet
4. Fee: Single Family » $150.00
Other = $420.00
(5) Date^^ preparation;
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Hame, location and width of adjacent streets;
{9) Lot lines and approximate dimensions and
numbers o# each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at 1' intervals for slopes
less than 5%, 2* intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed). Existing and proposed topographic
contours within a 100 foot perimeter of the boundaries of
the site. Existing on-site trees; those to be removed and
those to be saved;
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the extejrior boui^ariee of
the subdivision (approximate bearings, distances and
curve data);
(15) Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, coimnercial, industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project Is Involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage Improvements along the
subdivision frontage, including street lights and flre
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) ~ !^pical street section for all adjacent streets
and strefibs within the project.
B. Site Plan (folded to 8 1/2" x 11") shall Include the
following Information:
- Name and address of applicant, engineer and/or arc-
hitect, etc.
- All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of Ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of spaces,
and wheel stops.
- distances between buildings and/or structures
- buiiding setbacks (front, rear and sides)
location, height, and materials of walls and fences
location of freestanding signs
- all driveways to scale on adjacent and across the
st|54et properties for a distance of 100 feet beyond
thi^limits of subject site.
- exieting curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus distances from subject site.
location of all buildings within 100 feet of subject
properties.
a vicinity map showing major cross streets
a summary table indicating the following
information:
- site acreage
existing zone and land use
proposed land use
total building coverage
building sq. footage
percent landscaping
number of parking spaces
sq. footage of open/recreational
space (if applicable)
cubic footage of storage space
(If applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. PrelIminary Landscape Plan (24" x 36" folded to 8 1/2" x
11") shall include the following information:
1. Landscape zones per the City of Carlsbad Landscape
Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplemental) water required to maintain each zone.
4. I^i^scape maintenance responsibility (private or
cdilBon) for all areas.
5. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36" folded
to 8 1/2" xll")
floor plans with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT
TO EXCEED 8 1/2" xll".
E. One (1) copy each of 8 1/2"x11" site plan and elevations.
F. One (1) copy of 8 1/2"x11" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public P««ility Agreement: 2 copies: One (1) notorized
original(^) reproduced copy.
I. Dlsclosuei Statement
J, Property Owners* List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, special Use Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall Include the San Dlego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 300-foot radius of
subject property. For any address other than single family
residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
K. 300 Foot Radius Map
(Npt needed for Site Development Plan, Planning Comaiisslon
Determination and Special Use Permit). A map to scale not
less than 1" « 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the
property owner's list. The scale of the map may be reduced
to a scale acceptable to the Land Use Planning Manager If
the required scale Is impractical.
L. For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
faciliti^; will be available and serve the project at time
of need. '^t.
M. Preliminlll^ Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
O. Colored Site Plan and Elevation Plan (Not required with
first submittal). It is the Applicant's responsibility to
bring one copy of a colored site plan and one copy of a
colored elevation to the Land Use Planning Office by Noon
two days prior to the Planning Commission meeting.
P. Statement of agreement to waive tentative tract map time
limits.
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.-*
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial Interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the |
joint venture. |
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
If aftar the information you have submitted has been reviewer*^ it is determined
that further informatioj^s luired, you will be so ^||^^*
APPLICANT: Joan Burke Childrens Montessori World Partnership
Name (individual, partnership, joint venture, corporation, syndication)
2002 California, Oceanside
Business Address
419-0898
Telephone Nuaber
AGENT; Jeff Ok Tin. Ok lin and A .g n r i a f P .Q
Name
P.O. Box 1874. San Marcos. CA 92069
Business Address,
744-2 254
Telephone Nuxnber
MEMBERS: Joan Burke
Name -(individual, partner, joint:
venture, corporation, syndication)
2002 California, Oceanside
Businesa Address
Home Addrese
Telephone Nisaber
Pam Burke
Name
439-0898
Telephone Clumber
Home Address
2 00 2 California, Oceanside
Business Address
Telephone Nczaber Telephone iiuzaber
(Attach more sheets if necessary)
1/Vte declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be*
relied upon as being true and correct until amended.
Applicant
ent. Owner, Partner
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Coiranission processing
of Tentative Maps and a thirty (30) day time lirait for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Enviromnental Assessment, Environmental Impact Report, Condominiuin
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. #
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary J
entitlements have been processed and approved. |
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Signature Date
Name (Print||; Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
PRESCHOOL (CLASS I) DAILY SCHEDULE
The following schedule has been developed with much thought and careful
consideration to the unique needs of the young child. Please remember
our days are process-oriented, not product-oriented.
7:30 - 8:20 a.m.
8:20 - 8:35 a.m.
8:35 - 9:00 a.m.
9:00 - 10:30 a.m.
10:30 - 10:50 a.m.
10:50 - 11:20 a.m.
11:20 - 11:30 a.m.
11:30 a.m.
11:30 - 11:40 a.m.
EARLY MORNING CARE
Children arriving at school during this
time help prepare the environment for the
day by taking down chairs, preparing days
snack, sharpening pencils, etc.)
ARRIVAL TIME
Children will ONLY be greeted during this
time. Say a friendly good-bye, only one
time, and leave. If your attitude Is calm,
positive and matter-of-fact this gives the
child great security. Always try to be on
time, . , a tardy start means something missed
and It Is difficult for the young child to miss
part of the morning's routine. One who.
consistently brings a child late shows Tack
of respect for the child's feelings and our
school's program.
GROUP CIRCLE TIME
Activities Included In this time period
are attendance, calendar work, sharing,
general discussion, new presentations of work.
INDIVIDUAL WORK PERIOD
Children are involved in work of their
choice and/or guided to work with a teacher
In a definite area. Individual and/or small
group presentations are ongoing.
GROUP SNACK TIME
GROUP OUTDOOR PLAY TIME
GROUP CIRCLE TIME
DISMISSAL TIME FOR CHIDREN WHO ATTEND MORNINGS ONL
(please see final dismissal time)
LUNCH PREPARATION TIME
Children remaining at school for lunch wash
hands, set out their lunch at the table.
11:40 - 12:30 p.m. LUNCH PERIOD
-2-
12:20 - 12:35 p.m. DEPART-ARRIVAL TIME
^2^f9V /O Dismissal time for children who attend only
Orrix^ through lunch. See final dismissal time.
Children arriving for afternoon session
see ARRIVAL TIME above.
12:35 - 1:00 p.m. GROUP CIRCLE TIME
Activites Included in this time period
are attendance, calendar work, sharing,
general discussion, new presentations of work.
12:45 p.m. NAPPERS
Those children attending school all day
and requiring a nap are excused to the nap
room.
1:00 - 2:30 p.m, INDIVIDUAL WORK PERIOD
Children are Involved In work of their
choice and/or guided to work with a teacher
In a definite area. Individual and/or small
group presentations are ongoing.
2:30 - 2:50 p.m. GROUP SNACK TIME
2:50 - 3:20 p.m. GROUP OUTDOOR PLAY TIME
3:20 - 3:30 p.m. Afternoon clean up
3:30 p.m. FINAL DISMISSAL
^^/V^V 3o^(/o As you greet your child at his/her day's
end, remember to ask questions about them,
rather than "products of the day's activites."
This reflects a true interest In your child,
not an evaluation or criticism of his/her work
3:30 - 4:30 p.m. EXTENDED CARE SESSION I
Children are Involved In outdoor play
during this time.
4:30 - 6:00 p.m. EXTENDED CARE SESSION II
Children are Involved in outdoor clean-up,
stories, songs, qroup games, arts/crafts, and
indoor clean-up (trash emptied, chairs on
tables, etc.).
122373
#tatf flf (Ealifflrnia
department of ^ocial Vertices
Facility Number: 370805031
Effective Date: 05/08/8^
Expiration Date: 05/07/87
Total Capacity: 33
In accordance with applicable provisions of the Health and Safety Code of
California, and its rules and regulations, the Department of Social Services, hereby issues
BURKE* PAMELA J. L BURKE9 JOAN B.
to operate and maintain a CHILD CARE CENTER
Nam^ flf Janlitg
CHILDRENS* MONTESSORI WORLD
2002 CALIFORNIA ST
OCEANSIDE CA 92054
This License is not transferable and is granted solely upon the following conditions and limitations:
LICENSEE PREFERS CHILDREN AGES 2-6 YEARS
Client Groups Served:
Complaints regarding services provided in this facility should be directed to:
OgPT SOCIAI. SVCS* COM CARS LIC (7141 237-7381
Initial Issue Date:
ANNE BERSlNGER
Deputy Director,
Community Care Licensing Division
Lie 203A (12/82) PUBLIC
Authorized ne epresentative
of Licensing Agency
POST IN A PROMINENT PLACE
»r7>a63-M0 10/B3 79 M DU? - OSP
' ^ji//ii//s^sism^sii<^ m^^y//y:/y^^e:^^}///M \msmm^smm
1 COMMERCIAL LEASE
(Generai Form)
5^ 1. PAflTlES.
Tms LMM i& mat and oriiefad into inis
and tMiwMn .
6th Nov emb cr
Fred J. and Anne G. Parker
(httreiniillar raiarred lo as "Landlord") and
Joan Uurke and Pam Ourke
, (hafelnaflaf ralarrad lo at "Tananl").
2. PH£MiS£S.
UnditNd nwaDy iMsas to Tunani and Tananl hareDy laa:»fls Iroin Landlord, on Ihe tarms and conditions liarain^llar sat Ionn, that carialn
real propedy and the building and other improvamanis located theraon situated In Ihe City ol Carl sbad
County ol San Diet;o State ol Cal ifornia ., commonly known at
3070 Madison Avenue
and descrilitfd as Lot 556, Block 48 - As'm*iltfV*if Parcel Nuraber 203 -351 -QS
(IMI* UIMrt d.UDplaMI
(said la^l property is hareinalltti caltud lha "Hianii:ius")
3 ILHM
TtM larm ol this Lease shall tM lor Three(3) years commencing on Fehrunry 1 . 1 98S
. unless sooner termiiMied as hereinafter provided. ^ ^ January 31, 19ii8 i'"«'«i»wr*-«i
Tenant shall pay to Landlord as rant lor tne Hremises. iho sum ofFpii Vi-'pr>p hand red 0^ 1 L*?".*.-. —. (il-f 4 0 0..00 )
dollars par month, in advance un the llisl day ol aach month during the tarm haraot. Tananl shall pay to Landlord upon the execution ol this Laase the
sum ol Fourteen-hundred :r?14 00^0_Q ) dollars as rent tor Ffthruary 1 , .1 fl8S
Rcni lur any period during tha larm ol this Laasa whicn Is lor lass lhan one (I) month shall oa a prorata |>onion ol lha monthly installmani Rani shaH ba p^yiibie
Mitltuui notice or damand and wttliout any daduciion. oil sal. or abjiarnent in lawful money of tna Unilad States lu lhe Landlord at lhe addiess stated haiein lor
noiicas or to such oinar parsons or such other places as Ihe Landlurd may dasi\jiiaia tu Tananl in wriiinu
ti. SECURITY UtPOSif dollars
Tenant shall otpoiil wilh Landlord upon the exaculion ot ihis Leaba the sum otOne ThousOlid.- i a r s
{% 1 f QO Q k-Q 0 ) dullais as a swcuriiy doposii lor lha Tanaiil's lallhlul partormanee ol tha provisions ot Ihls Laase. II Tenant tails lo pay rent
ur ulnar chaiyes dut: harounOor. or uilierwisa uelaulis wiih ra^ittfCi lo any piuvision ut ihls Lausa. L.iiiJiuro may uiia iha sacurity dapokli. ur uny portion ol it. lu
Cure lha oalaull or curnpari^ala Lanuittd lor all damagas tiustainud by Lanillurd rasulliiiu Irom lananl's dalault Tenant shall immadlaialy un demand pay to
Landlurd lha sum equal lo that puiliun ol iha suiuniy deposit a&penaad oi applidd by Landlord which was provided lur in this paragraph so as lo mairiiain itie
security uaposit m the surn initially daposiied with Landlurd Landlord shall nut ba required lo kaap lha security da|X)sit '^apaiaK: hum Its general account nor shall
LaiiOMrd bd requirad to pay Tonaiii .^v.i •ni'^res! un itia security deposit It Tenant portorms all ol Tenant's obligalions unuar this Laase. Itie ;tacuiiiy deposit or that
(jurtion iharaui which has nol pruviuusly baan applitid by lha Landlurd. shall bu relumed to Tenant wllhin luurteen (H) days ttlier the eipua'.ion ul ine larm ui ihis
Lease, ur aller Tenant has vacated the Praiiiisas, wnichavar is later
* Infant shall use the Premises only lor Pre-School Day Center for approximately 45 chjldr c n
and for no ottier purpose wilhoul the landlord's priur written conseni.
Teruiil Shall not do. bring or kuap anything in or about the Preinisas that will cause a cancellaikin ol any insurance covering the Pramises or lhe building in which
the Planuses are kicaiad II the rata ol any insurance carrMd by Ute LandkMd is incieased as a result ul tenant's use. lenant shall pay lo Landlord wilhin ien (IU) days
ahar writlan ddriurid liom Landtord. the aniouni ol any such increase. Tenant shall comply with all laws concerning ilie Piernises or Tenant's use ol ttM Premises,
uiciuding without luiuiatiun. the obligatKM ol Tenant's cost lo aller. maintain, or resioie UM Planuses in complianca and cuniormiiy wiih ail laws raUting lo IIM
cundiikMi. use. or occupancy ui UM Pieintsaf by Iwtani during lhe term ol this Lease Tenant shall not use or permit the use ot tha Premises in any manner that wiu
lend to create waste or a nuisance or. il iiMre sikaM be more than one leruiit ol the building containing Ihe Premises, which sruH uneasonably disturb any othar lonant
Tenant hareby accepts Ihe Premises in their condition eiishng as ol ttie date that Tenant possesses the Preneses. subject to all applicable /onmg. munici|)al.
county and state laws, ordinances, reguuiions governing or regulating the use of ihe Premises and accepts this Lease Subject thereto and to all matters discios«d
thereby Tenant hereby acknowledges lhal naiiiiar the Landlord nor the Landlord's agant has mane any representation or warranty lo Tenant as to the suitabiiiiy ol
the Premises lor the conduct ol Tenant's business.
7. TAXES
(a) Real PropeHy Taxes. «
Land lord shall pay all real propeny taxes and general assessments levied and assessed against the Premises during the term ot this Lease
eporately <hni iiiil TnHmitwi laal |iiiJi|iiMjfiiwniiil by UM Landlurd II Landlord Is unabM tu ootdin such a lapiiriiin iraij^iinm^i Iheeiiiiiiiiir'fnviiliiatinn basec
in tn« building and otner tmpro»eriMnli ItiaTlli i (wn nf [tif[ Prnmiiin shall be used iiiilniiiii||iiin Hie leiil iiiiniiitv laiet il this evaluation is not available, tin
lanias sitall ei)uilably oltocaic lhe property taxes between iii*~hTnn^|(| ,iMi M|t}iiiJiii|iTITieiiieiil i III ii are a pan ol the Prenuses and all buildings and other
inprovements included In the tax liillliiiiyiiiiju UM aM« etim Ifie (iiiiliei ilntl 11 iTiTiinTni eiemate lliii |£miiln determine the amount ol the real propeny taxes
>o that tha ^"'•^itlinn f* U ntv* '-|"^r'^tTt^ that ore a pad ol the Piemises wilt nnt lie leTTlTlilt llw leiai ii| ||ijHnii<l iiiiiiiiiei ol square feel ol th«
tmproveinenis thai ore a pan ol UM Promises bear to IIM total number ol square IMM m aN buildings and DIIMI im|I7?WlBiiii> im Imlyd in^ihii tax biU
R«ai pruperiy Uxe« aiuibuiaote to land In UM Premises ShaM be determined by the ratio thai the UNal number ol square leel in the Piemiies beori
\yintmt nt iMl nl Linrt mrl.irtort In ina tAi trill —. •
ID) Persunai ProiMrty Ta«es
Tenant shalt pay prior tu UM deknquency alt taxes assessed against and levied upon the trade fixtures, turnishlngs. equipnMnl and olher personal propeny ol
Tenant conlatnad in tlie Piamlses Tenani s'lait endeavor to cause such trade tuiufes. luinishlngs ana e<)uiprnenl and all other personal profwdy tu be assessed
and btiMd separately trom the properly ul the Landkjrd. 11 any ol Tenant's said persunai propeny shaH be assessed with Landtord's profMny. Tenant shalt pay to
Landlord tne taxes aUitUiiabM to Tenani within leo (1U) days aher reoept ol a writlen staleinenl Irom Landfeird seninQ hNlh UM taxes oppucaoie to Tertonl'a prupeny.
tt UTILITIES.
Tenant shall make all arrangements and pay lor ail waler. gas. haal. light, power, telephone and other utility services supplMd to the Premises together with
any taxes thereon and tor ail connecikM) clkaiges ii eny jucti aerxtea are net eepewUrty «u<tf»ed le IWMWt. Uie-4e«ieiil eiert pey i taeeaneBie pfpentew. te be
•iteleiwiwee i| Limdiard, el »H aniii|M leinKy WMiered with eUtu» ptowuee.
9. MAiHTLNANCE ANO HtPAifls. With exccptlon of p I Umb i Hg o b s t TU c t i 0 n caused by children
(a) LanolMd s Obiigahuns f
Except as provided In AitiUl 12. and MM^A lur damaged caused Dy any neglioent or Inienlional acl or omission ul Tenant. Tenant's agents, employees, or
Invitees. Landkjrd at Its SUM cost and expenuishaM keep In good condition and rapair UM toundaikms. exierwr walls, and exierior roof ol the Premises LarKUOid shall
also maintain the une«poseU uiutiricai, pmrnUng and sewage syslaois mcluding. WIIIMJUI iimilaikm. those poniuM ul the systems lying ouiside UM Premises, winuuw
liaiiMS. guUers and down spouis on UM buliuing. ail sidewalks, landtaaptn^ and oiner improvenMrUs that are a pan ol the PfariU:MS ur ul which Ute Premises are a
pan TIM Landlord sliaii also maintain the heaUng. venntaiiint anri ae untUiUoiMfti sysiems servicing the Premises LewdMrd ehU leemhtwie^wi reeWn>e t»M pwWhtf
eiee en m eejeeent le the fiantiaee wliaw iMaeaae^y Laridwrd shaJi have tlilrty (3U) days after nutice Irum Tenant to conuTMnce to peilorm Its obligabons under uus
Ailicie 9. except thai Lanoked shaH per tum its ubligatiuns iiiMneoiaiely il the nature ol UM piotJieni prssanls a hazard or emergency situabun. II the Landkvd dues nut
(MTlunn Its Obligations within tne uirM kmli set lorth in Uiis paragraph. Tenani can perlorm said obUgaitons and shall have OM righi lo be reimbursed tor the amount that
Tenani aciuaky expends in Ihe perloimanc* ut Landkwd's ubliuaiiont. II liindkMd doas nut reimtMise Tenant wUMn thiny (30) days aher ikMTWUHj Irom Tenani.
Teiuni'i sme remedy srwM be to hibUiute luN agaliiM UM l^MikMd. and lenant thall nut have the right u> withhold trom future reni the lunie Tenani has expended.
•MkCOrTS ronu I/J-COUMMOM KA$( ICMMII iMmi-ito. i M
iMt tuiiu«<a ^tu m •lu.iiini lw M* ttM«.i Mlu^Mn* wuauniaiM la UM IM tMtcjMe H»mmii Sfloi* you iign iM tt mm Mt DUnki wa HMM
(piCIUMi )) WMIMI UtWilM It 4^«eflM« Md MUU^ It MMIKUMl tftOtjUMI UnMai t U«)W 4 UvuM MW MM I MMM tt |«Ml ^ia|MM |M
WOlCOIIS IMC.
Page 1 of 5
,-. . .w.M».i. M luiMMii > mtm tuai aiju B*riaiiaa snaH xeap in youfl ofoer. condition and reoair
the Preniises and evuiy pari intfiool. utcii^^ iiiuui iMiiiiaiiun. ail lenam s paiMrial prupvriy, IIAIUI^^ siure Hunts, piala gla»s. »liuw wiiiduw». uuus
iiilcrMM walii. irilaiiof ceiling, and ligrm^B s. ^/jf
II IciuiU lails to peilurrn lenant s ul^aiions as slaled herein. Landlord may at its optkHi (but shail not oe required to), enler the Premises, alter ten (tO)
days priur to wrnien rioiica lu lanani, pui the same in guud urdar. condiiiun anu lejiair. and IIM CUSIS thertul tugeUiei wllh inieie^l thereon at UM rate ul ten (tOVt)
puicani par annum shall become Qua and payable as addiuuiul laiital to Landkiru tugelhei wiili Tenant's next rental insialinMni.
tu. AlTEHATlUNS ANU AOUinUNS.
(a) Tunani ^naii nol. wijnuui ifio Landluid's prior wriiien conseni mako any altaraiions, miprovamenis or additions In or about Uia Premises except lor non-
structural work avmcn does not exuMd II.OUO UO m cusI As a cundilun to giving any such curiMini. UM LanUkMd may require ilie Tenant lo reniuve any such
aiiaraiMins. impruvenianif. or additions ai UM axjiiralKin ul ihe lerm. and lo rasUire ihe Prefiuses lo their priu conditwn by giving Tananl tinny (30) days wriiian notice
priur lu ilM axpuauori ol the term tliat Landkxd requires Teiunt lo remove any such alieralk)ns. impruvemenis or addiuons that Tenant has made to Ihe Premises, ti
Landlord so elects. Tenani at its SOM cost shall restore the Premises tu UM condition designatbd by Landkxd in its alaciiun beiore lhe lasl day ol llw uiiii ol the Lease.
Ikiore cornflienciiig any work relatirig lo Ihe aUbratmns. additions, ur irnprovements alleciing the Prenuses. Tenant shail nolily Landlord in writing ol the
expected dale ol llie contitMAcenitsnl of sucfi work so tftat LanUlord can posi and record itia approprute notices ol non responsibility to proiect Landlord Irom any
nMChanic's IMOS. materialman kens, or any omer iMns In any evant. Tenant shaH pay. when due. oil claims lor labor and maierials lurnished to or lor tenant at or
lor use in the Premises Tenani shall not permit any mechanic s IMMS ur materialmen s lions lo be levied against the Premises tor any tabor ur material turiHshed to
Tananl ur claimed to have been lurnisrieu iu ToiMiii ui Taiiani's agants or contractors in connection wiifi work ol any character penormed or claimed to hava been
pertoiined un tne Premises by ur at ihe directton ot Tenant Tanaiu shall have itie right tu assess Ihe validity ot any such lien It. immaduteiy on denwnd by
Landlord. Tananl procures and records a lien release bund meeting the requiremenls ol California Civil Code Sectton 3lO and snail provide lor Ihe paymeni of any
Sum that the claimant may recover on llie claim (logathar with Ihe costs ol suit, il it is recovered In the action).
Unless the Landlord lequirus ihuir removal as set lorth above, ail aiiuralioris, improvements or additiuns which are made on the Premises by the Tenant shall
become the property ol the Laiidtord and remain upon and be surrandarud with Ihe Premises at the expiration of the term Noiwithslanding the proviswns ol this
paragraph. Tenant's trade hxiures. lurniiura. equipment and other machineiy. other lhan lhal whicfi is alluad to the Prenuses so lhal it cannot be removed
without material or structural damage lo ino Premises. stiaM remain ttie property ol the Tenant and raiiMved by Tenant at the expiration ol tne term el this Lease.
II INSURANCE: INUEiylNlTY. •
(aj hre Insurance.
Land lord at its cost shall maintain during the term of Ihis Lease on the Premises a policy or policMS ol standard lire and extended coverage
insurance to the extent ol at least ninety (90%) perceru ut lull leplacemarii value thereol. Said insurance poiicMS siiaii De issued in the noriMS ol Landtord and
Tonani. as their interests nuy appuar
Tenant at as cost shall maintaui during the lerm ol this Laasa on all its personal propeny. Tenant's Improvements, and alterations in or about the Premises, a
policy ut standard tire and extended covaraga insurance, wilh vandalism arid rnaiictous misciual anUorsaiiMnts, to tne ejiienl ol their lull reptacement value The
proceeds truin anv sucli oolicy shaii be used by Tenani lur UM replacement ol personal propeny or thfl restoration ol Tenant's improvements or aileroiions.
(b) Liability insurance.
Tenani at its sole cosi and expense shalt m.uniain during the term ol this I ease public liability and property damage tnsurance wllh a single conU)lned Uabllily
linul ol live hundred thousand (SbOO.OOO 00) duliars. and prupeny damage iirnits ut not less than OIM hundred tlMHisarid ($100,000 00) dollars, Insurutg against
aii irobility uf lenant and its aulhurl/ed representatives arising oul ol and In connection with Tenant's use or occupancy ol the Premises. Both public liabUtty
Insurarice and propeny darruge Insurance shall insure perlurmarice by Tenant ol the indemniiy provisions In Sub paroQiaph (d) below, bul Ihe lunlls Ol such
insurance shaU not. however, limd the liability ol Tenant haraundar. Bolh Landlord and Tenaru shall be named as addiitonal uisureds, and Ihe policies slyll contain
cross liability eiidorseriMiits II Tenant shall tail to procure and maintain such insurance the Landtord may, bul shall not be required le. piocure and maintain same
at UM expense ol Tenani and Ihe cost itiereol. logether with interesl thereon at the rale ol len (10%) perceni per annum, shall becortM due and payable as
addibonai rental to Landtord together with Terunt s next rental installment.
(c) Waiver ol Subrogation.
Tananl and Landtord each waives any and ali rirjhis ol racovery against tha other, or against Ihe olticers. employees, agents, and representatives of Ihe
other, lor loss ol or damage to such waiving pany or us propeity ur the propony ol others under ns conirol, where such loss ur danuge is insured against under
any insurance policy in lurce at the time ot such loss or damage. Each pany sliail cause eacli insurance policy obtained by il hereunder to provide thai the
irisurance company waives aH right ot recovery by way ol subrugatiun against eitiier party in connection with any damage covered by any such policy.
|d) hold harmless
tenant shall indemnify and hold landlord harmless trom and against any and all claims arising trom Tenant's use or occupancy ot the Premises or trom the
conduct ol Its business M Irum any aciiviiy. wuiK, ur iiunus nliich may ba paiiiiiiiad or sutlered liy lenant m ur about UM Premises Including alt damage, custs.
atturney's tees, expenses and iiabiiiiietk incurred in ttia Uularise ut any claim ur aciiun or prucaauing ari^ng theretrum. Except lur Landluid's wiiUul or grossly
negligent conduct, lenant hareby assumes ali risk ol damago to prupeny or injury to person In or about UM Premises Irom any cause, and Tenant hereby waives oil
Claims in respect ttiereof against Landtord
(e) Exeiripiion ul Landlurd lium Liability.
Excepi lur Landlord's wiiilul ur grossly negligent conduct. Tenant hereby agrees that Landlord shaU not be liable tor any Injury to Tenant's business or toss
ot income therelrom or tor damage to Uta guods. wares, niuiciiandise, ur oilier prupeny ot Tenant. Tenant's empluyeus, invitees, customers or any other person In
or aboul tlie Prenuses. nor sliaU Landlurd be liable tor injury to the person ol TeiMiil. TenarU's employees, agants, conuactois, or inviiees. wheitMi such darruge
' tM injury is caused by or lesulis Irom lire, sieain. electricity, gas. water or ram, ur trom the breakage, leakage, obstruction or other delects of pipes, sprinklers,
.wires, appliances, i>iumbing, air cundiiioning, or lighting fixtures, or Irum any UUMI cause, whether such damage results Irwn conditions artsing upon Uie
Premises or upon oilier porttons ot lha building in which iiie Pramises are a pan. ur trom any other sources or places Landlord sliaH not be iMble to Tenant lor any
damages arisina Irom any act or neglect ol any olher tenant, it any. ol fhe buildmg in which the Premises are locatud.
U. OAkrtACE UH OESTRUCllON.
(a) Damage • Insured.
It. duruig lhe lerrn ul this Lease. UM Premises and/or the buitoing and olher ImprovenMots in which Ihe Premises are tocated are totally or paniaiiy destroyed
rendering ihe Piemises totally or partially inaccesible ur unusabM, and sucti danugu ur desUuctiun was caused by a casuauy covemd under an Insurance policy
raquuad lo be rnaiiuamed iMreunUer. Lagdtoid stuii reslore the Prenuses and/or the building and oilier impruvenMntsi in which the Premises are tocated kito
subsiantiaiiy the sariM condiiion as they wete in knmediaiely before such damage or destiucttoii, provided thai lhe restorainn can be made under the existing laws and
can be cunipMted wdlun one hundred twenty (t2U) wukutg days aher the dale ul such destrucuun ur damage Such desuucUon or damage shaH not larmtnaM IIM Lease.
II the restoratton cannoi oe nude In said 120 day period, then within lilieen (15) days alter the panMS hereto daieimine Uut the restoratton cannut be made
In Ihe tuna statad in ihis paraQiapA, Tenani may lermlnatu this Lease Hnmodialely Dy giving notice to Landlord and the Lease wilt be deeriMd cancetMd as ol the
date ul Such damage or desirucuon. II Terunt tails to tenninate this Lease and Ihe restoration is permuted under the exlsUng laws. Landtord, al Ils optwA, may
terminate this Lease or restore UM Prenuses and/oi any other Improvumenis In which the Premises are tocaiad wlihin a reasonable time and this Lease shaU
continue in lull torce aiul atiect U UM existing taws du not periiut the restoration, eittier party can terminate this Lease Inuriedlaieiy by giviny nouce to the other party
Noiwithslanding Uie above, il the Tenant is itm insuring party and if Ifie insurance proceeds received by Landtord ore ruil SulticMiU lo elleci such repair. Landtord
sluU give nmice w teiunl ol the aiikHmi requirea in addition tu the insurance pruceeds to ellect SuCh repair Tenant may, at Tenant's opiton, contiibute the required
aiitouiu. bul upon lailure to do so wHhin uurty (30) days lulluwing such notica, Landtord's SOM remedy shalt be. at Landlord's opdon and with no ttabUriy to Tenant, to
caru.el and teinunaie tius Lease it Tenant Shall contribute such amount to Landtord within said thirty (30) day period. Landtord biiail nuke such repaiis as soon as
reasonably pussibM and UNS Lease shall continue in tuM lorce and eltect. Tenant sliall in no event have any rlgm lo reenbursement tor any ornouiu so conlnDuuNl.
(b) Damage • Uriinsuied
tn tne event that the Prenuses are damaged ur destroyed by a casualty which Is not covered by the lire and extended coverage Insuranca which is required to
be earned by the parly desigiutad in Article I t(a) above, Uien lamiloid shaH lesloie UM SOIIM. pioviueu that U lhe danuge or desirucuon is to an extern gieaier
Uun ten (10%) perceni ol the men repiacenMiil cost ol the impioveinents on tlia Premises (exclusive ol Tenanl's trade llxtures and equipmenl and exclusive ol
luuiidaiions and toolings), then Landlord may eieci nut to restore and to ternunato Ihls Lease. Landtord must give lo Tenant written nonce ol its Inianttun nul to
lastore within Uurty (30) days trom the date ol such darnage or desiructum and. il not given. Landtord shaii be deemed to nave elected lo rasioie ano in sucn event
ShaU repair any Uanwue as soun as reasuriaoly possiole In ihe event lhat Landlord elects to give such nutice ol landtord's rniention to cancel and teiminaie this
Lease. Tenani »haii have the ngtii. wuhin len (Id) days aller recuijM ul such nonce, to give wriiien notice lo Landtord ut Tenant's uitentwn lo repair sucn oamage
at Tenani s expun:M. wiiiiuui reeiibuisenMni Irum Laiuliuid. in which eveni Ihe Lease shall continue in tult torce and eltect and Tenani shall proceed to nuke Such
repairs as suon as reasunaoiy possible it UM terunt does not give such nolice wUtun such 10 day period, thts Lease shail be cancelled and De deemed tenninated
as ul UM date ul the octurience ol such damage or dasuuciiui.
(c) Uaiiuge Near ihe End ut the Term.
U the Planuses are tuiaity or (uriuiiy destroyed or danuged during the lasl twelve (12) months ol the tarm ol this Lease. Landtord may. al Landtord's opiton.
cancel and ternuiuie Itus Lease as ul UM uaM ul Ihe cause ol such damage by given wrmen nolice to lenant ol Landtord's election to do so wiihm 30 days alter the uaie
ol UM occurrence ut such damage; provuiod. however, lhat, it lhe daiiuge oi desiructton occurs wHhin the List 12 moriihs ul tha lerm and U withm Itftaen (days aher
UM data ul Such daiiuge ur destruction Tenant exeruses any option to extend the term provided herein. Landlord shaM restore Ihe Prenesea U obtigaled to do so as
prbvMkd in subparagraph (a) ur (b) abuve.
(d) AbateriMrU ut lieiH«
II the Pruinisiis are partially or toially destroyed ur damaged and Landlord or Tenant repairs or restores tham pursuanl to the provistons of this Anicie 12, the rent
• ^ payabM heieuruier Jur the puiiud during wiMch sucli damage, repair or lestoiaiion coiiUiiues shall be abated in proponion to the degree lo which Tenanl's reasonable
f/^ u:.e ul iiM heriu:;es is uiipaued Excoiii tor UM abaieriMnt ot rent, U any, lenant shall have no cuirii against Landtord lur any aarnages sulteted by reason ol any luch
1^ doitugc. deiibuction. repair oi lestoraitoii.
1^ (a) TiaUe l-ulures and tquipnieiu.
II Landlord is required or eiecis to restore the Piemises as provided in this Anicie. Landtord shall nol be required to restore Tinanrs Impfovetnenli, tram ^
|S| luluies, eqwpiiMnt or alteralions made by Teiuia, such excluded Items being the sole responslblMy ol lenant to lestute heiettnoet.
(f) Tulai llesUuciion-MullilenaiU BuHduig ^
sS^ U the Prenuses are a part ol a inuiiitenant buikiinQ and there is destruction to the Premises and /or the buiiding ol which the Premises are a pan thai exceeds Ithy NS
S\ |U)%) perceni ul Uw Uien lepiaceniuiu value ul lhe HanuMS and/or UM uulding in which the Prainisus aie a pan Irom any cause wHeitier or nut coverad by the ^VA >\ |U)%) perceni ul Uw Uien lepiaceniuiu value ul lhe HanuMS and/or UM uulding in which the Prainisus aie a pan Irom any cause wHeitier or nut coverad by the ^\
Ay insui««N.e described in AiiuM II abosx. L::.7'Hnrd may al iis upiiOii BMci to tmiiiinate ilus laase (wlieiher or not UM PiemiMS MH Oasuoyed) so long as Landtord /J.
//, laniitnaies UM leases ul aM otiMM lanarits m the buouing ul wliKh the Pienuses are a part, eltectiva as ol Ihe date ul such darruge or destruciioii.
13 CO.SOIMNAtlGN
II IIM Premises or any punnn Itiereol are taken hy the power ot eminent domain, or sotd by Landlord under the threat ol exercise ol said power (aM ol which ts
hereu) relerred to as "condenuuuun"). tms Lease stwri leniiinaie as to UM jUii so taken as ol the dale the condemning auiliorliy iak«k uiMor pusMsston. wlilcnever
occurs tirsl U more Uun tweiuy (20%) peiceni ol the Itoor area ol any bultolnys un UM Prenuses, or more lhan twenty (20%) peicent ul ihe iand araa ot the PiemlMs
nut covered with buildings, is ukan by cundeinnaiton, alliMr Landtord or Tenani nuy tarmirute Ihls Lease as ol Ihe date the condanming author Ity lakes posseeston by
nonce to wriiing ol such eiecbon wiUuri tweniy (20) days ahm Landtord sluM hove notitkid Totwuil ol such laking or. In UN absence ol sudi notice, UMM wllhin iMeniy
(20) days alter the condemning authoriiy shall have Uken possesston.
It this Lease is nut terminaled by either Larultord or Tenant as provided herelnaliove. then il shall remain in lull lorce and effect as to Ihe portion of Ihe Premises
renuinlng. provtoed tlul the rental shalt be leduced In propoitton to the Hour area ol the buildings taken within the Pfetiilses as bears tu UM HMal hoor area ul all
buiklings tocated un tne Prenuses tn UM event ihls Laase is not so lainunaiad, ttwn Landtord agrees at Landtord's soto cost aito expense, to as soon as reasorubly
posslbM restore UM Premises lo a complete unit ol like quallly aiul character as existed pi tor lo UM cundenuuiton.
All awards tor the laktog ot any part ul the Premises ur any paynMni made under the threat ol UM exercise ol the power ot eminent domain slult be UM property ol
UM Landtord. whether nude as compensalion tor the oimlnutton ol the vaiue ut Ihe ieaseiiold or lor Ihe taking ol the tee oi as sevitfaiKe d^nages; provided, however.
UUI Tenant sluu be enuiled to any awaid tor toss ot or danuge lo Tenant's bade tbduies and removabto persorui propeny.
Each party heieby waives UM provistons ol Code ol Civil Procedure I2b6 130 aitowkig eiiher party to petitton the SufMitor Coun to terrttfnaie this Lease In the
event ut a paitui Uking ot the Piemises.
lleni stuil be abated or reduced duruig the pertod trom the date ol taking until Ihe completton ot restoratton by Landtord. bul aM other obUgaitons of Terunt under
Ihis Lease shaii remain in luil toice and effeci The abaieirMnt or reductton ol UM rent yull be based un the exlent tu whtoh UN le^iuialkiti inlerletet wlUi Tetunl's uee
ol UN Premises
14. ASSIGNMENT AMO SUBLEniNG.
lerunt shaH nut voiuniariiy or by operation ol law assign, transier. sublet, mongage, or olherwise transfer or encumber alt or any pan ol Tenanl's Inleresl In
UUs Lease or in the Premises without Landtord's prior wrilien cunsent.,whith COIIJUIH J^MH wet be uwrueaenuWy wtthhetd. Any attempted asslgmiMnl. Uansler,
mongage, encumbiaitoe, or subMiiIng wilhoul such consent stuH be void and shall constitute a bieach ol thu Lease. II Tenant Is a coiporation. any dissolution,
merger, consolidalton or olher reorganuatkui ot Terunt, or the saie or oilier transier of a controUing perceniage ol the capilai slock ol Tenani, or Ihe sale ol at leasl
bllyoiM (51%) percent ot the vaiue ol the assets ol Terunt. stuli be deemed a voluntary assignmenl. Ihe phrase "conlroHtng percentage" iiMans Ihe ownttrshlp
ol. and the righl to vote, stock possessing at least htty-orie (Sl%) percent ol tha tolal combined voting power ol all classes ol Tenant's caplial slock issued,
outstanding, and entittad to vote tor the vlectlon ol directors. This paragraph shali not apply lo corpuialions the stock ol which Is traded IMowgl) an exchange er
over the counter.
Regardless ol Landlord's conseni, no subtotiing or assignmenl shall release Tenant ol Tenant's obligation lo pay Ihe rent and lo perlorm all other obllgaltons
to be perlormed by Tenani iMteurtoer lor the term ol this Lease. Tha acceplance ol reru by Landtord Irom any other person snail not b« deemed a waiver by
Landlord ol any piovlston hereol. Conseni to one ansignrneiU or subletting shalt not be doomed conseni lo any subsequenl asstgmrMni or subiettlog.
15. DEFAULT
(a) Events ol Default
The occunence ul any one or more ol Ihe tollowing events shall consUtute a delauU and breach ol Ihis Lease by Tenani:
(1) Failure to pay rent when due. It the tailuie continues tor live (5) days aNer wrilten nottoe lus been given to Tenani.
(2) Abandonment and vatabun ol tne Premises (taitore to occupy Ihe Preneses lor louneen (14) consecutive days sluN be deemed an abandonriMnl and vacatkm),
(3) Failure to pertorm any oihte proviston of this Lease il the failure to p«noim Is nol cpred within thiny (30) days alter written nolice UMreol has been given
lo Tenani by Landtoid If the delaull cannut reasonably be curad within said thirty (30) day pertod, Tenaid shaN not be In delauR under Ihis Lease M Tenant comnNnCM
to cure the delaull wilhui the thltly (30) day penod and diligdntly prosecutes the soriM lo conipietun
(4) The makin(] by letunt ol any geiMiai assigniiMnt, or guneral arrangement lor UM beiiellt ot creditors; the llUrig by or against Tenonl ol a petitton to have
Tenani adjudged a bankrupt or a petiUon tor reorgani/ailon or arrangament urtoer any taw relating tu barikruplcy uriless Uw same is dismissed wlUMn sixty (60) days;
Ihe appouiirneni ol a trustee or receiver to take possession ut subsiantuily an ol Tenant's assets tocaied al the Premises or ot tenaru s uuerest to UM LaatM. wlwie
possession Is not restored to Tenani within thiny (30) days; or the altachnMnt. executton or other judicial seiiura ol sub^tanUally aN ol Tenant's asseU tocaied al Ihe
Piemises or ol TenaiU's Inleresl to the Lease, where such seUuie is not desctiarged wiUiln thirty (30) days.
Notices given under this paragraph shall specily UM alleged default and the appltoable toase provistons, and shall denund thai Tenani penorm UM provisions ol
this Lease ol pay UM rent that is in arrears as Uw case may be. within UM appUcable pertod ol time No such nolice shail be deemed a lorleiiure or a lermliulton ol Ihie
Lease unMss Landtord so etocis In UM noilce. .
(b) LandkMd's lleiiwdies.
The Landtord shall luve lhe toltowing lemedMs U Tenant commits a delaull under this Lease. These lerrwdles are not exclusive but are cumulaUve and to addltton
lo any remedies now or iMiualler aliuwau by Uw.
LuMltoid can conilnue Uus Lease ui tuil lurce and eUect, and the Lease wilt continue In eltect so tong us Landtord dues not leiminale Tenant's righl to possesston,
and }he Landtoid shall luve tne rigiu tu cuuuci ram wnen due Uuring lhe periud Uui Tenani Is In delaull. Landtord can enler Uie Piemises and relet ttiem, or any part ol
them, to tliird panws lor Teruni's account Tenant snail be liable iinnuxiMieiy lo the Landtoid lur all costs Uie Landtord bicurs In releUing tlie Piemises, Induding.
witnout kriutation. brokers' conuiusstons. expitrises ol remodeling Ihe Piemises required by tfw raMhing. and ilka costs, fldaiiing can be tor a pertod shoner or tonger
Uun the remaining larm ol this Lease laruiU shall pay to Landtoid the reiri due under Uus Lease un UM dates Ihe rent Is due. toss UM rent Landtoid receives Irom any
reiening No act by Landtord altowed by tins paragraph snail iMrniiute this Lease uniess Landtord iwlilMs Tenant llui Larultord elects lu terrrunote this Lease. Alter
. • Tenant's default and fur so tong as Landtord has not ternunated Tenanl's right to possesston ut Um Piemsws, il Tenant obiaUu Landtord's cotiseiu. Tenani shail have
lha right to assume or sublet its kiiatesi in the Lease, bul Teiiatil shail nul be retoased fiuin llabiilty. Landtord's consent to UM proposed asstgnownt or subletting shall
nut be unisasunabiy withheld.
II Landtoid elects to leiel the Piemlsas as provided In Ihis paragriiph, any tent tlul Landlord receives from such reletting shaN apply flrsl lo Ihe payriMrM ol any
indeUedrMSS Irom Terunt to Landtord oihui lhan the rem oue hum tenani to Landtord. sucuridly, lu ail costs, including mainuinance. irM.uried by Landtord in sucl)
releitutg: and third, to any tent due and unpaid under this Lease Alter deducting the payments relerred to to this paragraph, any sum remauung Irum UM rent Landtord
receives Irum such reletting snaH be held by Landtord and opplMd in payment ol future leru as reiU beuviMS due under this Lease. In no event shali tenant be eniittod to
any excess rent received by Landtoid. U. on the dale rent Is due under Uiis Lease. UM rarU received trom the retotting is less than UM rent due on Uut date. Tenant siuH
pay to Landlord, in addUttn to Ihe remaining rent due. aU costs, including matotenance, Uiat Landlord snaN have Uicurred In reieiUng Ihai remain aller applying Uw rent
received Irom Ihe reletting as provided in this paragraph.
Landtord can. at Hs uplton. terminale Tenaiu's right to possession of the Premises al any tIrrM. No act by Landlord othar than giving wrIUen notice to Tenani shaM
terminate inis Lease Acts ol maMiiMunce. elforts to lelet tlw Piemises. or UM aptJOinUiMnt ol a receiver on Landtord's iniilalive lo pioleu Landtord's interesl In Ihls
Lease shall noi consmule a terminatton ol Tenanl's righl to pos-session. In the event ol sucli terriUnaiton. Landlord lus the rtght to recover Irom Tenant:
(1) The wonh, at lhe tinw ol the award, ol the unpaid rent ttut had been earned at UM UUM ot the lerrnlnalton ol tnis Lease;
(2) The wonh, ai the IHIN ol UM award, of the aiinunt by which the unpaid rem trut wouto have been earned atier Uw dale of the terminatton of this Lease unlH
uw time ol UM awaid exceeds ihe ainount ot Ihe toss ol reru that Terunt proves couto have been raasurubly avoided;
(3) Ine worth, at Uw unw ol the award, ol Uw amount by which the unpaid rent lor the balance ol the term aller Ihe Ume ol Uw award exceeds Ihe amount ol Uw
lou of rent that lenani proves couto have been reasonably avoided; and
(4) Any other anwunt, inckiding court costs, necessary to camfwnsate Landtord lur al detriment proximately caused by TenaiU's detautl.
"The worth at the tkiw ul UM award, " as used in (I) and (2) ol Uus paiagrapn is to be computed by altowing liibtresi at UM maximum rale an Individual Is
permined by Uw to chaige. "HN woiUi al Ihe Ume ol the award" as relerred to in (3) ol this paragraph la to be compuied by dIsuMMUIng the amtMinl at Ihe dUicounl
late ol llw Federal Reserve Bank ol San Frandsco at the itoM ol the award, plus orw (1%) perceni.
U Tenani is to delauU under the leims ol UUs Lease. Landuid sliaM have the addiUonal rigid to have a receiver appointed lo coltod rent arui conduct Tenanl's
busineas NeiUier the luing of a peiMwn tor Ihe appuiruiiMni ol a receiver nu the appolnuneni Itseil shall consiuuie an eWction by Landtord to larmliuie tnis Lease.
Landtoid at any UIIM after Tenani comrruis a oelauH. can cure the oeUuli ai T(«<uiil's cost and expense, n l^lord al any time, by reason ol TeiuiM s detauR.
pays any sum oi does ar\y act thai rfiqui:es UM paynwnt ol any surn. the sum (Uto by Landtord shaU be due touiMdlately lium Tenani to Landtord ai Uw tune the sum IS
paid, and If paid al a later dale shall bear liueiesi at the nuxinium lale an Individual Is periiUtied by law to charge lioni uw date Uw sum is paid by Landlord uruM
Landtord Is reimbufsed by Tenant. The sum. togetlwr wllh tnteiesi uwreon. WuU be consideied adddtonal reiM.
* tb. SIGNS.
Tenani shaU not have Uw righl to place. consUuct or maintain any sign, advertisemerU, awntog. banner, or other exiertor decoraltons on the building or olher
improvemems ttut are a pan ot Uw Piemises wluwwi Loridtotd's pitoi, wiitten conMiil, wlilct) consent sluU not be unreasonably wWtheld.
17. EARLY POSSESSION.
In UM event uui UM Landtord shaU permit lenaru to occupy ttie Piemlsns prtor to the coit'uiMiMUunent dale of the leim ol this Lease, such occupancy shaM be
sub)ea to all UM provittons ot UUs La«se. Said early possesston shall not advance Uw teimlnalton dale ot UHs Liuse.
10. SUBOHOlNATlON.
This Lea»e. at Landtord's opiton, shaM be subordinate to any ground lease, mortgage, deed ol trust, or any other hypothluUon lor security now or hereafter
placed upon UM real properly ul wiik:h UM Prenuses are a pail and to any and au advances made on Itw securUy thereul and to all renewal, mudiucaitons, arui
axtanstons thereul Nui withstanding any such subordbuiton. Tenanl's right to quiet possesston ol the Prenuses shaU nut be disturbed 11 Tenani M not to detautl and so
tong as Tenant shoU pay uw rent and observe and peitoim oM the otiwr piovlslom ol this Lease, untoss this Lease ts oUwrwise lerminaied pursuanl to lu wrnu. it any
mmtgagee. trustee, or giuund ktssor sluM elea to have Uus Lease prtoi to Uw Uen ol ils nuilgage or deed ot Uust or ground lease, and sluM give wrnten noUce Iherool
to Tenant, this Lease shaM be deenwd prtor to such mongage, deed ol trust ot ground toase, whether Ihis Lease ts dated prtor to or subsequent lo Ihe dau of such
ntongage. deed ol bust or ground toase. or the dale ol tecordbig thereol Tenaru agrees to execute any ducurrwnts required lo eltad such subuidUuUoii or lo nuke UUa
Lease piui to Uw Uen ol any mortgage, deed uf Uusl. or ground baso. as the case nuy be, and faUing to do so wUtUri len (10) days alter wrttten demand Irom Landtoid
dues hereby nuke, oonsiiiute and eievocii., ippuini Landlord as Tenant's attorney in tad end tn Tenanl's nanw. plaice atel stead to do eo.
19. SunflENULH.
On UM usi oay ol Ihe lerm hereof, or on any sooner terminatton, Tenani slutt surrender Ihe Premises to Landlord in good condiUon. broom clean, ordtoary wear
and tear accepted, lanani sluU retuir any dairuge tu UM Prenusus uccasuned by lis use tnereul. or by Ihe rwrwvai ul tenanl's trade llxtures. luinlslilngA and
equipment which rejuir shaN Include the patching aito tUling ol hoWs and repair ol structural damage Tenant shaN remove aU ol Its persorui property and IlKiuree on
UM Premises prtor to the explratton ol the leim ol UUs Lease aito U lequbed by Landtord pursuant tu Artide 10(a) above, any aUuraikins, tmprovemwus or adduluns
nude by Tenant to the Piuiii>es II Tenani tails to surrendet the Pienuses to Landtord on UM exptraiton ol the Lease aa required by this paragraph, lenani shall hmd
LamUord lurrniess trun all danuges lesultbig Irom TerurU's laliure to vacate Uw Piemises. bictodbig, without Umllatton. ciainw made by any succeedbig teiiam
resuiung Uum tenani s lallwe to sunender ine PienilMS.
20. llOlOiNC OVER , . •
11 llie Teiwiii. ooiin llie Landtord's ciuiseni. rerruins in pusitassiun ul Ilia Premises aher IIM expiraiiun or lernuruiion ol the term ot tins Laasa. such possession by
Tananl shaU be deeirwd lo be a leiuiu;y trun niuiui to irumin ji a ronui in Uia amuurii ol the lasl iiwnihly lenial plus ail UIIMI cnaigus payabM neraurider. upun aN UM
piuvisions ul Uus Lease appiicauw lu inunih-iu iiiunUi tenancy
21. UINUNC UN SUCCESSUHS AMD ASSIGNS
The tarms, conditions and coverurits ot uus Lease shau be binding upon and shaN inure lo the benetn ol each ol the parties hereto, their heirs, personal
represeniaiives. successors and assigns
22. NOTICES
Whenever under this Lease a provision is made lor any demand, notice or declaration ot any kind. H shall be in writing and served anner persoruliy or sent by
regisiaiod ur certiluxl Uiuiod Suias riutl. postage prepaid, addressed al UM aUdra^:MS as sat loilh botow.
14088 Rue Monaco TO LAMOlORUAT:
Del Mar, CA 92014
(619) 481-9060
TO TENANT AT: 2Qn? rAlifnrnin qtrr>^f
Oceanside. CA 920S4
439-0898 or 721-1666
Such nonce shaU be deetrwd to be received within luny uight (4(t) hours Irum the time ol mailing, it maiied as provided tor in this paragiapn.
23 LANOlOHO'S RIGHT TO INSPECtH3NS
Landtord and Landtord s agent sliail have the right to enter UM Prenuses al reasonable times lor the purpose ol tospecting same, showing the same to prospective
purchasers ur Mriders. and making such alteratiuns. repairs, iinpruvemanis or addiimns lu Ihe Pienuses ur tu the buitoing ut which the Prenuses aie a part as Landtord
nuy deem necessary ur uesirabw Landtord may at any lune place on or about the Pienases any oiduuiy Foi Sato ' signs and Landkxd may at any tune dunng the last one
hundred tweniy 1120) days ol UM tenn ul Uus tiease puce un ur about UM PienuMis any wduury "For Sato or Lease" signs, aN wuhout lebaM ul rent or kability to Tenani
24 CHOICE UF LAW
Tlus I ease sliaii be governed by Itie laws ot UM slale wtiere Ihe Pienuses are tocated
25. ATTORNEY'S FEES.
II either Landtoid or Tenani becomes a party to any litigation or arbitratton concerning this Lease, the Pramises, or the buitoing or other bnprovemenis m wMch
Ihe Premises are tocaied. by reason ul any act or uiussmn ol ttie utiier party or its autlujiiied lepiasenialives, and rwt by reason ul any acl or omission ut tne party that
beconws a party to thai ktrgaiuNi or any acl or oriussion ul its authuri:ed representatives, the party thai causes Uw other party to beconw involved m Uw btigaiwn sluN
be kabW to Uut party to< reasonable aiinrMy 's tees arto court custs incurred by it in the biigaiton
II eiUHM party curiuTMnces an acbun against the other pany arising oul ol or in connection with this Lease, UM prevaibng party shaU be entitied to have and recover
Irom Ihe tosing party reasonable attorney's lees and costs ol suit.
2b. LANULORO'S LIABILITY.
The term "Lartotoro" as used in this Laase shaH mean oniy the owner or owners at the time In question ol the tee title or a Lessee's interest to a ground lease ol
UW Piemises, and in tne event ol any transier ol such into m uiiarust. Larultord herein nariMd (aiul ui case ul any subsequent iransieis lu me then successor) sluN be
reUeved Irum and aher the date ot such Uansler ol an lubHiiy in raspect to Landkud's obiigairans tiMreanar to ba perlormed The ubUgations contamed in this Lease to
be pertormed by Landtord shall be biiiomg upun itie Landlord's successors and assigns, only during their respecbve periods ol ownership.
27 WAIVERS.
No waiver by Landtord ol any proviston neraul shaH bu daomad a waiver ol any oihar provision hereol or ol any subsequent breach by Tananl ut the same or any
other provision Landtord's consent to or approval uf any acl sluil not be deumed lu lerider unnecessary the oiiijirung ot Landlord's consent to or approval ol any
subsequenl act by Teiuni. The acceptance ut runt hereunder by Landlurd shaU nut be a waiver ut any preceding breach by Tunaru ul any provision hereol. other than
the lailure ul Tenant lu pay UM particular rem so accepted, regardless ol LaiHltoid's knowMdge ol sucn preciHiinr} bfaach at iha IUTM ul HS accuounce oi such leni.
28. iNCUHPUHATlUN OF PtIlUH AGREEMENTS
This Lease contains all agrueiiMnts a', itie parties wMh respect to any matter ntontioned herein No prior agreenunt or understanding pertainino to any such mdlier
ShaU be eliecbve This Lease nuy be mudilicd only in Milling, and uigiwd by the jiaiiius ui uiieiest al Um tune ot suth iiiudilicatiuri.
29 TIME
Tinw IS ol the essence ot this Lease.
30. SEvEHAblLllY
'f lhe unentoiceability. invakdity. or illegality of any provision of this Lease shall not render the ottier provistons hereot unenforceable, invalid or iHegal.
31. ES10PPLL CEHTlFlCATES.
Each party. wUhiri ien 110) days after IWIMM frum the other party. shaH execute and deliver lo the other party a certiticate staling lhat this Lease is unmoditied and
in tuN lurce and eitact, m bi luu luice and allact as mudilied. aiul siaiiiig the mudilicaiton Ttie ceruticate shaH also state UM arrwuni ut iiunuiium monthly lani UM dates
to which leru has been paid bt advance, and uw amount ol any secuiHy deposit oi prepaid reru, il any, as well as ackitowtodguig Uui there are not. to mat party's
' knowWdge. any uncured deiauus on ihe part ol the uiher pany, or specitymg such delauiis. it any. which are ciaimed' FaUure tu oauver such a camiicaie wnmn UM len
(10) day perwd sluM be condusive upun the parly tiuiing to duliver iha certiticale w tne benelu ul the party requasirng the cenilicaia Uui ihis Lea^e is in tub tuice and
eltect. lhal there are IM uncured ueuuus heieuruier, and has nui been riwdilMd excepi as rnay IM represented by the party requesting the ceitUicate
32 COVENAMTS AND CUNOlTKMS.
Each pruvision ol this Lease pertormafile by Tenani shall be deemed bolh a covenani and a condition.
33. SINGULAR AMD PLURAL.
wtien required by the conte4 ol this Lease, Ihe singular shaU toclude the ptuiol.
34 JOINT AMD SEVERAL OBLMiAllONS.
' Party" ShaN nwan Landtord arui Tenant: and rf more lhan one person or entity Is the Landtord or Tonanl. Uw obUgoltons imposed on thai parly shoU be (Oinl and several.
35. OPTION 10 EXTINU.
Ptovided uui Tenani shaM not Uwn be In delaull hereunder. Tenani shaM have the opiioi) lo exlend Uw lerm ol this Lease lor Two i 2 i
additional 1 year ^ pwkids upon the same terms and conditions herein contained, except tor fixed minimum monthly renlals. upon deUvery
by Terunt to Landtord of wrilten notice oi us eWcuon to exercise such optumts) at toast lurwty (bO) days prwr to ihe expuauon ol the onginal (ur extended) term hereol
The parties hereto shaU have UUrty (30) days altei UM Landtord receives the option nutk,e in which to agree on the mtounum monthly rental during ihe extended
ternt(s) U UM parties agree on the mmtinuin munthiy rent lur the a.^tended terni(s) dunng Uw perwd. they shaH uiunediaiaty execute an amenomant to this Lease
statuig Ihe flUnlmum monthly rent, in Uw event Utal there is nwre lhan one opiton to extend the term ol this Lease, uw parUes hereto shaU negoiuie Ute minimum
monlhly reni as sel lortn herem lor each extended term ol Uus Lease, tl Ihe pairtles hereto are unabto u agree on the minimum muntnty rent tor lhe extended lerm(s)
walun sato Uwty (30) day pertod. uw optwn nouce shaN be ot no ellect and ties Lease slUN expire at Ihe end of the terra. NelUwr pany Id this Lease shoU have the righl
to have a court or other UWrd pony set uw mlnbnuin awnihly ient.
36. AOOENDUM.
Any addendum anached hereto and edher signed or miiuHed by the parties shal be deemed a port hei eof and shoN supersede any conllKimg terms or provistons
contained in Uus Lease
The panws liereto have execuled Uus Lease on the dau lirsi above written.
By;
(SEE ATTACHED ADDENDUM WIIICH IS PART OF THIS LEASE)
ll 1
ADDENDUM
1 - Last months rent of $1,430 *.0'0 to be paid in three equal monthly
installments of $466.00, commencing with the first months rent.
2-A late charge of $25.00 virill be due and payable with any rent not
received within 7 days from due date.
3 - Rent during the 2nd Q 3rd year of this lease shall be increased
by the arao'iit (%) of the yearly increases in Consumers Price
Index for San Diego County - however not to exceed 7% in any 1 year.
4 - Landlord to install at Landlords expense; f toilets and 1 wash
basin, where formerly installed in Studio area.
5 - Landlord to install at Landlords expense 6 foot fence in areas
designated on attached plat plan and to be determined more precisely
in separate sketch to be provided and initialed upon agreement, by
landlord and tenent.
6 - New gas lines to be installed by landlord froia nAt«p to heaters
per Carlsbad Building Code, requirement. Existing line to be closed
off i^ required by proper Government authority.
7 - Lease is contingent upon receiving by Lessee a Conditional Use
Permit, from the City of Carlsbad. Lessee shall assume the entire
obligation to pursue diligently the said application and bear all
expenses in connection therewith, failing which, after written
notice. Lessor may declare this lease null and void. In any event this
lease shall automatically become null and void if the siad conditional
Use Permit is not issued in final form by February 1, 1985.
8 - Lessee to have permission to replace carpet in Central room with
good grade of linoleum and to have permission to carpet entryway.
9 - Building to be free and clear of debris upon occupancy by Lessee.
10 - Upon execution of this lease. Lessee shall immediately submit to Lessor
a full and complete Financial Statement of all.parties who are to sign
the lease as Lessees. Landlord shall have ten (10) days after receipt
of same to approve said statement in writing, failing which this lease
shall become null and void.
Page 5 of 5
14088 Rue Monaco
Del Mar, CA 92014
November 10, 1983
Mr. Kenneth J. Crisman
Mrs. Pamela J. Crisman
P ^ A Management Co.
740 Pine St
P 0 Box 624
Carlsbad, CA 92008
Dear Mr and Mrs. Crisman:
The purpose of this letter is to respond both to your letter of
October 25 exercising your option, and the "purchase proposal" which you
submitted.
We are not prepared to accept, or undertake negotiations with
respect to the purchase proposal. As we understand our option
agreement, you have exercised it and thereby agree to purchase
the property on the terms set forth in the Option Agreement.
Specifically, our Option Agreement provides at Paragraph 5.3 that
the purchase price shall be the greater of $300,000.00 or appraised
value; either price is to be reduced by $15,000.00, representing
one years lease payments (toward the leasehold improvements) less
reduction of $1200.00 for reduced payments made January thru March
1981,(see Noonan memo dated January 24, 1981). We have determined
therefore to go forward and open an escrow with you pursuant to the
terms of the Real Estate Purchase Contract and Receipt for Deposit,
utilizing a purchase price of $285,000.00, less option payment of
$2,500.00 credit. As a result we have delivered by hand to Thomas
Noonan.the original executed Real Estate Purchase Contract and Receipt
forileposit, which we executed back in 1981 for this purpose.
Please insert and intial the purchase price of $285,000.00 in the
appropriate blank at the top of the first page, crossing out the
reference to the option agreement: we can then proceed to open escrow.
Please note that you are required to accomplish this under the terms of th
the Agreement immediately, and to deliver same to Title Insurance and
Trust Company, Please advise us of the time at which you intend to
present this to Title Insurance and Trust Company as we would like
to at least have the opportunity to accompany you there to discuss
this with the escrow officer and arrange for an expeditious closing.
Should you have any questions or comments, please don't hesitate to call.
Very truly yours.
Receipt of this letter by:
Thomas Noonan, Real Estate Broker
Kjt/4075Z
cc: J. Terence O'Malley, Esq
^r::i^-j7'f'.^\7\
P&A IVIANAGEIVIENT CO. W 7^^V^.
Management 8i Real Estate Consultants ' J
December 28, 1983
M/M Fred Parker . ^ /3^'^^
14088 Rue Monaco . / y>ff3 ^i^j}^
Del Mar, CA 92014 ^^^^ —" IX^^
Dear P.ea a,a Ann. ^ ^^^^ ^J^'^^h'-''^
Please find enclosed two (2) checks for the 1984 tax-
I received at your home on Dec. 23, 1983.
This letter is also to acknowledge the letter you
presohted me with at your home. Pam and I have decided
to retain possession of the property under the terms you
specified on a Month-to-Month tenacy, which is a'monthly
rental fee of $1,750.00. When Pam is able we will sit
down with you to discuss another lease agreement.
Thank you for your understanding in this matter
and my family wishes you all the best in the coming yeac
Happy New Year.
P.O. BOX 624 • CARLSBAD, CALIFORNIA 92008 • (714) 729-7653
June 1, 1984
Re: 3062-70 Madison Street, Carlsbad
Dear Mr./ Mrs. Fred Parker,
Please accept this as our thirty (30) day notice to vacate the
property referenced above.
We will be ready for your inspection of the property on or about
July 1, 1984.
If you have any questions, please contact me at my office at (619)
729-5907 or (619) 434-5662.
KJC/pi
cc; Carlsbad Schools, Inc.
Sincerely,
.Crisman
e President
Al you need
to known
• RealEstate:
ERA® SEAGATE REALTY
3030 Harding Street
Carlsbad, California 92008
1.
714-729-5907
Each ottice mdeperulentlv owned and operated.
OPTION AGREEMENT
THIS AGREEMENT is made on January 1, 1981/ at San
Diego/ California, by and between FRED PARKER and ANNE PARKER
(together, "Seller") and KTCfiiSi^^t^ 9.T G/tumi^AJ ("Buyer").
RECITALS
A. Property. Seller is the owner of certain real
property, including all improvements located thereon, commonly
known as 3062 and 3070 Madison Street, Carlsbad, California
92008 (the "Property").
B. Lease. Concurrently with the execution of this
Agreement, Seller as Lessor and Buyer as Lessee have entered
into a Lease affecting the Property (the "Lease").
C. Purpose. Buyer desires to acquire the exclusive
right to purchase the Property, without becoming obligated to
purchase it, at an agreed price and under specified terms and
conditions.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Grant of Option. Seller hereby grants to Buyer
the exclusive right to purchase the Property at the price and
on the other terms and conditions set forth herein and in the
Real Estate Purchase Contract attached hereto as Exhibit "A."
2. Term of Option. The term of this option shall
commence on the date of this Agreement (even though it is
exercisable only during the limited period set forth in Para-
graph 5), and shall expire on the first to occur of the follow-
ing events:
2.1 October 31, 1983; or
2.2 Upon any earlier termination of the Lease; or
2.3 Upon any earlier written notice from Buyer
to Seller that Buyer elects not to exercise this option.
3. Consideration for Option. This option is granted
in consideration of Buyer's payment to Seller of the sum of
$2,500.00, receipt of which is hereby acknowledged by Seller.
The consideration described in this option is in addition to
and not included in the rental payments required under the
Lease. In the event this option is exercised, the considera-
tion described in this paragraph shall be credited by the
escrow holder toward the sale price of the Property. In the
event this option is not exercised or escrow fails to close for
any reason other than a default by Seller, the consideration
described in this paragraph shall be retained by Seller in con-
sideration for the granting of this option.
4. Condition of Title. If this option is exercised,
title to the Property shall be conveyed by Seller to Buyer in
accordance with the requirements of Exhibit "A." From the date
of this Agreement until expiration of the term of this option,
Seller shall not sell, assign, mortgage, hypothecate, encumber
or. otherwise permit or suffer the transfer of all or any part
of its interest in the Property.
5. Exercise of Option. Provided that this option
has not expired, and provided further that Buyer is not in
default in the payment of rent or the performance of any other
terms or conditions of the Lease at the time of exercise of the
option and also is not in default at the time at which escrow
is scheduled to close thereon, this option may be exercised as
follows:
5.1 Notice. Buyer shall deliver written notice
to Seller during the period from October 1, 1983 through
October 31, 1983, stating that the option is exercised without
condition or qualification (the "Option Notice").
5.2 Appraisal. Upon receipt of the Option
Notice/ Seller and Buyer shall attempt to agree on the then
fair market value of the Property, which shall be used in com-
puting the purchase price for the Property as set forth in
Paragraph 5.3. If they are unable to agree on a fair market
value within ten (10) days, then Seller and Buyer shall forth-
with proceed to determine an appraised value of the Property in
accordance with the terms of this section, to be used in com-
puting the purchase price for the Property as set forth in
Paragraph 5.3.
5.2.1 First Appraisal. Within ten (10)
days after the parties' failure to agree on a fair market
value. Seller shall appoint, at Seller's expense, an MAI
appraiser to appraise the Property. The appraised value there-
after determined shall be submitted in writing to Buyer for
Buyer's approval. Upon receipt of such appraised value. Buyer
shall have ten (10) days to approve or disapprove of the ap-
praised value. If Buyer approves of said appraised value in
writing, or if Buyer fails to disapprove by written notice to
Seller within the said ten (10) days, the appraised value
determined under this section shall be used in computing the
purchase price as set forth in Paragraph 5.3.
5.2.2 Second Appraisal. If Buyer gives
timely written notice to Seller of Buyer's disapproval of the
appraised value determined under the provisions of Sec-
tion 5.2.1, Buyer shall, within five (5) days of such notice,
at Buyer's expense/ appoint a second MAI appraiser to appraise
the Property. This second appraised value, thereafter deter-
mined, shall be submitted in writing to Seller for Seller's
approval. Upon receipt of such second appraised value. Seller
shall have ten (10) days in which to approve or disapprove of,
the second appraised value. If Seller approves of said second
appraised value in writing, or if Seller fails to disapprove by
written notice to Buyer within the said ten (10) days, the
second appraised value determined under this section shall be
used in computing the purchase price for the property as set
forth in Paragraph 5.3.
-2-
5.2.3 Final Appraisal. If Seller gives
timely written notice to Buyer of Seller's disapproval of the
second appraised value, then the two appraisers appointed by
the parties as stated in this paragraph shall meet promptly and
attempt to set the value of the Property. If they are unable
to agree on the value within thirty (30) days after Seller's
written notice of disapproval, they shall attempt to elect a
third MAI appraiser within ten (10) days after the last day the
two appraisers are given to set the value. If they are unable'
to agree on the third appraiser, either of the parties to this
Agreement, by giving ten (10) days' notice to the other party,
can apply to the then president of the Real Estate Board of the
locality in which the Property is located, or to the presiding
judge of the San Diego County Superior Court, for the selection
of a third MAI appraiser. Each of the parties shall bear
one-half of the cost of appointing the third appraiser and of
paying the third appraiser's fee. The third appraiser, however
selected, shall be a person who has not previously acted in any
capacity for either party, within thirty (30) days after the
selection of a third appraiser, a majority of the appraisers
shall set the value to be used in determining the purchase
price of the Property as set forth in Paragraph 5.3. If a
majority of the appraisers are unable to set the value within
the stipulated period of time, the three appraisals shall be
added together, their total divided by three, and the quotient
shall be the value of the Property to be used in determining
the purchase price as set forth in 5.3 of this Agreement.
5.3 Purchase Price. The purchase price of the
subject property shall be the greater of (1) $283,800, or
(2) the agreed upon or appraised value determined under Para-
graph 5.2 of this Agreement, minus the sum of $16,200. Said
purchase price shall be inserted in the appropriate place in
the Real Estate Purchase Contract attached hereto as Exhib-
it "A," and Seller and Buyer shall forthwith execute, acknowl-
edge and deliver said Exhibit "A" to Title Insurance and Trust
Company, the escrow holder named therein. Seller and Buyer
sh'all further execute, acknowledge and deliver any and all
other documents necessary or appropriate to carry out the terms
and conditions of Exhibit "A."
5.3.1 Payment Terms. The purchase price
determined in accordance with Section 5.3 shall be paid as
follows:
a. Option consideration of $2,500.00 shall
be credited against the purchase price t<Q acciuro at net ,PU/i-> J^^LS^'izi^
b. Buyer shall pay a cash downpayment
equal to 25% of the net purchase price.
c. Buyer shall pay the balance of the net
, purchase price by executing an all-inclusive promissory note in
such amount payable to Seller and secured by an all-inclusive
deed of trust, which shall be on the standard all-inclusive
forms provided by Title Insurance and Trust Company. The terras
of the all-inclusive promissory note shall be as follows:
(1) Interest at 13% per annum on the
unpaid balance, amortized on a 30-year amortization schedule,
with monthly principal and interest payr.ents.
-3-
(2) Balance of principal and interest
all due five (5) years from the close of escrow.
6. Automatic Termination. If Buyer fails to exer-
cise this option in accordance with its terms before its expir-
ation, this option and the rights of Buyer shall automatically
and immediately terminate without notice. Thereafter, Buyer
agrees that it will execute, acknowledge and deliver to Seller
or their personal representatives, within ten (10) days from
request therefor, a quitclaim deed or any other document rea-
sonably requested by Seller or a title insurance company t(S
verify the termination of this option.
7. Assignability of Option. Buyer may not assign
this Option without Seller's prior written consent, which shall
not be unreasonably withheld. Buyer shall furnish Seller with
financial statements of any proposed assignee. It shall not be
unreasonable for Seller to withhold consent as to any proposed
assignee where the credit worthiness of the proposed assignee
is not at least as great as Buyer's and otherwise satisfactory
to Seller.
8. Notices. Any notice to be given hereunder by
either party to the other shall be effected in writing by per-
sonal delivery or by registered or certified mail, postage
prepaid, return receipt requested, and shall be deemed commu-
nicated as of the date of personal delivery or mailing. Mailed
notices shall be addressed as set forth below, but each party
may change the address set forth below by written notice in
accordance with this paragraph.
To Seller: Fred Parker and Anne Parker
14088 Rue Monaco
Del Mar, California 92014
To Buyer: J^'<T. C^/zveenO
9. Time of Essence. Time is of the essence to this
Agreement.
10. Entire Aqreement. This Agreement and the Lease
constitute the entire agreement between the parties related to
the option herein granted, and supersede all prior agreements
between them. Any oral representations or modifications con-
cerning this Agreement shall be of no force or effect. This
Agreement may be amended only by a subsequent agreement in
writing signed by all of the parties.
11. Attorneys' Fees. In the event of any contro-
versy, claim or dispute between the parties arising from or
related to this Agreement or the breach hereof, the prevailing
party shall be entitled to recover from the losing party its
reasonable costs, expenses and attorneys' fees.
-4-
12. Bindinq Effect. This Agreement shall bind and
inure to the benefit of the respective heirs, personal repre-
sentatives, successors and assigns of the parties hereto,
except as expressly provided in Paragraph 7.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
SELLER:
Fred Park^r^
Anne Parker ^' > ^
BUYER:
^^2u^^ Z^D^sJ^
-5-