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Home My WebLink AboutPS 95-52; American Occupational Medicine; Sign Permits/Programs (PS)PS 95-52 American Occupational Medicine was DENIED Application form is missing. Application date: October 11, 1995 APN NO. 209-041-04 STANDARD INDUSTRIAUCOMMERCIAL MULTI-TENANT LEASE4ROSS AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION ADDENDUM TO STANDARD IM)USTRIAL/COMMERCIAL LEASE DATED FEBRUARY 1, 1995, BETWEEN EL CAMINO REAL PARTNERS, A GENERAL PARTNERSHIP, AS LANDLORD, AND AMERICAN MEDICAL GROUP, A SOLE PROPRIETORSHIP, DBA, AMERICAN OCCUPATIONAL MEDICINE, AS LESSEE, FOR THE SPACE LOCATED AT 5810 EL CAMINO REAL, SUITE A, CARLSBAD, CALIFORNU 92008. 1 52. 53. 54. 55. 56. 57. 58. (Continued) BUSINESS LICENSE AND FDRE DEPARTMENT APPROVAL: Tenant acknowledges that it will obtain proper permits from the City of Carlsbad, the Fire Department, and any other government agencies to operate its business at this location. In the event any of these agencies require building modifications to adapt the building to Tenant's current or hture use, Tenant agrees to make such modifications at Tenant's sole expense. ELECTRICAL: Tenant agrees that any electrical wiring, conduit, junction boxes, and outlets installed by Tenant shall; comply with all building codes and shall become the property of the Landlord upon the termination of the Lease. SIGNAGE: Landlord hereby grants Tenant all remaining available signage per City of Carlsbad sign criteria for 5810 El Camino Real to use for its businesses. Tenant shall submit drawings to Landlord for approval, which shall not be unreasonably withheld. Proposed signage shall be approved by the City of Carlsbad. All costs shall be borne by Tenant. AMERICANS WITH DISABILITIES ACT: Tenant shall at all times keep the Premises in compliance with the Americans With Disabilities Act and its supporting regulations, and all similar Federal, State or local laws, regulations and ordinances. If Landlord's consent is required for alterations to bring the Premises into compliance, Landlord agrees not to unreasonably withhold its consent. PARKING: Landlord hereby grants Tenant to have ten (1 0) designated parking spaces for its exclusive use by its visitors on the southeast portion of the parking lot. Such designation shall be mutually agreeable between Landlord and Tenant prior to Tenant designating subject spaces. CERTIFICATE OF INSURANCE: Landlord will receive a Certificate of Insurance from Tenant prior to occupancy, but no later than March 1, 1995. El Camino Real Partners shall be named as Additional Insured. Further to Paragraph 8, "Insurance; Indemnity.", if Tenant refbses or neglects to secure or maintain insurance policy(ies) complying with the provisions of this paragraph, Landlord may, after ten (1 0) days written notice to Tenant, secure the appropriate insurance policy(ies) and Tenant shall pay upon written demand the cost of same to Landlord, as additional rent. BASE YEAR OPERATING EXPENSES: Landlord will pay all increases in operating expenses as defined in Paragraph 4.2 which occurred during calendar year 1995, herein called the Base Year, for purposes of this Lease, i.e., Base Rent as stated in Paragraph 4.1 shall be deemed to include Tenant's share of operating expenses during the first (1 st) twelve (1 2) months of the term of this Lease. Tenant's share of said operating expenses shall be limited to thirty-eight percent (38%) of any increase in the operating expenses over those of the 1995 Base Year and shall be paid as additional rent. 4 n v\ - u TENANT'S INITIALS /" GUARANTY OF LEASE 44m AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION WHEREAS. CAMIN0 referred 10 as ,,LessS, DBA mAnm%~&!%erred to as heretnalter "Lessee". are about to execute a document entltled "Lease" dated %bI"V 1 Y 1% con8ernlng the premtses commonly known as .- 5810 El A. (AdsbaL~~ 9m wherein Lessor w~ll lease the premtses to Lessee. and WHEREAS.AQ~* K- mlff-- heretnalter referred 10 as "Guarantors" have a hanctal Interest In Lessee. and WHEREAS. Lessor would not execute the Lease 11 Guarantors drd not execute and deltver to Lessor the Guarantee of Lease NOW THEREFORE. lor and In conslderatton 01 the executton 01 the loregotng Lease by Lessor and as a matertal Inducement to Lessor to execute satd Lease. Guarantors hereby lolntly. severally, uncondtttonally and Irrevocably guarantee the prompt payment by Lessee 01 all rentals and all Other Sums payable by Lessee under sald Lease and the latthlul and prompt performance by Lessee of each and every one 01 the terms. condlllons and covenants 01 sad Lease Io be kept and perlormed by Lessee. It IS speclltcally agreed and understood that the terms 01 the loregotng Lease may be altered. allected. modilted or changed by agreement belween Lessor and Lessee. or by a course 01 conduct. and sald Lease may be asslgned by Lessor or any assignee of Lessor wllhoul consent or notlce to Guarantors and that thts Guaranty shall thereupon and therealter guarantee the performance of said Lease as SO changed. modlhed. altered or asslgned Thts Guaranty shall not be released. modtlted or allected by lallure or delay on the part 01 Lessor to enlorce any of the rtghts or remedtes of the Lessor under sad Lease. whether pursuant to the terms thereof or at law or In equtty No nottce 01 delaull need be gwen to Guarantors. 11 betng speclftcalty agreed and understood that the guarantee 01 the understgned IS a contmulng guarantee under whtch Lessor may proceed lorthwlth and tmmedlately agalnst Lessee or against Guarantors following any breach or delault by Lessee or for the enlorcemenl of any rlghls whtch Lessor may have as agatnst Lessee pursuant to or under the terms of the wtthln Lease or at law or In equtty Lessor shall have the rlght to Droceed agatnst Guarantors hereunder lollowtng any breach or delault by Lessee without ltrst proceedmg against Lessee and wlthout prevtous notlce lo or demand upon etther Lessee or Guarantors Guarantors hereby walve (a) notlce 01 acceptance 01 thts Guaranty. lb) demand of payment. presenlatton and protest. IC) a11 rtght to assert or plead any statute 01 llmttatlons as to or relattng to thts Guaranty and the Lease. (d) any rtght to requtre the Lessor to proceed against the Lessee or any other Guarantor or any other person or entlty ltable to Lessor. (e) any rtght to requtre Lessor to apply to any default any securlty depostt or other securlty 11 may hold under the Lease. If) any rtght to requtre Lessor to proceed under any other remedy Lessor may have before proceedtng agalnst Guarantors, (gl any rlght 01 subrogatton. Guarantors do hereby subrogate all exlstmg or future Indebtedness 01 Lessee to Guarantors to the obtlgatlons owed to Lessor under the Lease and thts Guaranty Any marrled woman who slgns thls Guaranty expressly agrees that recourse may be had agatnst her separate property lor all of her obltgatlons hereunder The obltgatlons 01 Lessee under the Lease lo execute and delwer estoppel statements and ltnanclal statements, as thereln provided. shall be deemed to also requlre the Guarantors hereunder to do and prOVtde the same relattve to Guarantors. The term "Lessor whenever heremabove used refers to and means the Lessor In the loregomg Lease spectflcally named and also any asslgnee 01 sald Lessor whether by outrlghl asstgnment or by asslgnment lor securtty. and also any successor to the tnterest 01 sad Lessor or 01 any asstgnee In such Lease Or any Dart thereol. whelher by asstgnrnent or otherwtse So long as the Lessor's tnterest In or to the leased premlses or the rents. Issues and Orollts therelrom. or In. to or under sand Lease. are sublect to any mortgage or deed of trust or asstgnment lor securtty. no acqutsttton by Guarantors o! the Lessor's mteresl In the leased premtses or under sard Lease shalt allect the contlnumg obltgatton 01 Guarantors under thls Guaranty whtch shall nevertheless contlnue In lull lorce and effect lor the beneltt 01 the mortgagee. beneltctary. trustee or asstgnee under such mortgage. deed 01 trust or asslgnment. 01 any purchase at sale by ludlclal foreclosure or under prtvate power 01 sale. and 01 the successors and asstgns 01 any such mortgagee. benellclary. trus!ee. asslgnee or purchaser The term ' Lessee whenever heretnabove used relers to and means the Lessee In the loregolng Lease spectltcally named and also any asstgnee or sublessee 01 sad Lease and also any successor to the Interests 01 satd Lessee asslgnee or sublessee of such Lease or any part thereof whether by asslgnment. sublease or otherwtse -. In the event any actton be brought by satd Lessor agamst Guarantors hereunder to enforce the obhgatton 01 Guarantors hereunder, the unsuccessIuI party In such actlon shall pay lo the prevalltng party thereln a reasonable attorney's lee whlch shall be llxed by the court I1 this Form has been lilled in it has been prepared for submission recommendation is made by the real estate broker or its agents or consequences of this Form or the transaclion relating thereto. Executed at Robert K. Clifford, Jr., M.D. on Address 317 North El canrino Real, Suite 405 hcinitas, California 9;?024-2815 "GUARANTORS" 1977-Amer1can lndustrlal Real Estate Assoclatlon. All rtghts reserved. No part of these works may be reproduced tn any lorm without permcsrton In wriltng. CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 "-.& " REC'D FROM ACCOUNT NO. DESCRIPTION I AMOUNT NOT VALID UNLESS VALIDATED BY CASH REGISTER