HomeMy WebLinkAbout1987-330
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RESOLUTION NO. 87-.330
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH THE SEDLAK FAMILY
3 TRUST RELATING TO A ONE YEAR EXTENSION OF THE TERM FOR THAT
CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Extension of Term of Lease with the Sedlak Family Trust
9 relating to a one year extension of the term for that certain
10 office building commonly known as 646 North Sierra Way, a copy of
11 which is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
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9/15/87
16 the
~ce <;1111 ;.J r
meeting thereof, held on
? 1 ~t. day of
SeI>temher
, 1987, by the
following vote, to wit:
AYES:
('nunc; 1. Hf>.mh~rf' l.~strilrl;:;, Rp:i lly, FJ c.re::} ~
"_""-ti2.J-l.d;.:lev. N1no:r; ...I?_~.Qc-Ly,9):,C'.m. " MilIcI'
NAYS: None
ABSENT: None
.Afff2/?;??4~Y7/
/ City Clerk
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2 of
The foregoing resolution is hereby approved this ,.-:(2/1,1" day
~~cFtnmber
, 1987.
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if r) I. . I ' .A...,l
iI."" ./VV'/L1~ f v /
~ayor of" the City of San/Bernardino
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4:
5 Approved as to form
6 and legal content:
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9/15/87
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1 EXTENSION OF TERM OF LEASE
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3 This agreement, made and effected this .2...8;,I'day of ~\</~~tfi;;i~~ ,
4 1987, by and between the Sedlak Familv Trust hereinafter called
5 the Lessor, and City of San Bernardino hereinafter called the
6 Lessee, attests:
7 Whereas, by written lease dated the 27th day of June, 1980,
8 and First Amendment thereto dated June 27, 1980. A copy of each
9 is attached hereto marked Exhibit "A" and Exhibit "B"
10 respectively and incorporated herein by reference as fully as
11 though each were set forth at length, the Lessor did let and
12 lease to the Lessee certain premises fully described in said
13 lease (and briefly described as that certain office building
14 commonly known as 646 North Sierra Way containing approximately
15 7225 square feet along with 75 parking spaces) for a term
16 beginning July 1, 1980 and ending September 20, 1982 and extended
17 for one year periods with agreements dated August 8, 1982, August
18 17, 1983, August 30, 1984, July 16, 1985 and August 5, 1986,
19 under the terms and considerations therein set forth.
20 Now, hereby, it is mutually agreed that the term of said
21 lease is extended for an additional period of one (1) year,
22 beginning the first day of October, 1987 and ending on the 30th
23 day of September 1988, for and under the same terms and
24 conditions as the 1986 lease, that lease included the only rent
25 increase since the inception of the lease (it was a 3% (three per
26 cent) increase.) The rent will be $3692.04.
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In witness whereof the Lessor and Lessee have set their
hands to duplicates of this agreement.
APPROVED AS TO FORM
AND LEGAL CONTENT:
SEDLAK FAMILY TRUST, Lessor
c -- .. --7.A 11
, t~
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~-1',,-,.,,"-'-...
, ty Attorney
(Ak~
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Attest ,.: (//;~ <~/
-/Ci ty Clerk
CIT~~F SAI, BERNAlWlJ()~ Leree ..
'',,-, t' 'd' / ;: . ,"
I (' .,~ I', ~'/;,f'. ..,. "'" __~__./
BY"A , ':- A.-cL/,""{;/,,..--v"<./ ,,/' ~) A--~//
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THIS LEASE is executed at San Bernardino, California, this
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3 .;). 7!!:..- day of June, 1980, bet\!,:tcen HObEH.T SEDLJU< and N7~NCY SEDLT--.Y r
4 husband and wife, 106 West Sixth Street, San Bernardino,
5 California 92406 (hereinafter reforred to as Lessor without regar~
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1 to number or gender) and the CIrJiV OFl SAN BERNl\RDINO, a munir:ipo.J.
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...-.'1.
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corporation, 300 North "n" Street~, San Bernardino, California . . ~
........ .... .." > ~...,
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92418 (hereinafter referred to ar; :r.essee without reg'axel to numr.Jer
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or gender)..
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The parties agree as follows:
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1.
Demised Premises - Lessor leases to Lessee, and Lessee
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II after set forth,' those certain premises located in the City of San
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II Bernardino, County of San Bernardino, State of California, more
!I particularly described as follows:
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2. Term - The term of this lease shall be for a period of
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That certain office building commonly known as 646
North Sierra Way containing approximately 7225 sq.
ft. together with non-exclusive use of owner's
black topped parking areas so as to accommodate
approximately 75 spaces, for use by Lessee's
employees and patrons.
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21 two (2) years, three (3) months, commencing upon the first day of
22 July, 1980, and terminating upon the 30th day of September, 1982~
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3. Occupancy of Premises - Lessee shall use and occupy
24 the demised premises for the following purposes and for no other
25 purposes without the prior written consent of Lessor: CETA, the
26 Comprehensive Employment Training Act Program.
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4. Rent - As minimum rental for the demised premises,
28 Lessee shall pay to Lessor without deduction or offset, prior
EKHIBIT A
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!I notice or demand f the total ;:~1Jrrt of Ninety thousand seven hundrEd.
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ilthirty-four dollars and twentyr..two cent..s ($90,734.22), payable
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IfTllree thousand t'>lO hundred fj rty~one dollars and t.went.y'-five C€:~ :::~:.
II ($3,251.25) per month payable in advance on the first day of ea.;;,
'Imonth, commencing the first day of lJuly, 1980" Monthly ren.tal:-:-~.
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6 shall be escalated at 5 % per /ear.. Se.cond yea}:' beginning :j'uly"'l ,,"'~'-.";""
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7 1981,. monthly rental will be ~~3f413.81. Third year beginning '~:..:'J~_
8 II July 1, 1982, mont:hly rental '.d] 1 be $3,584.5 (J (3 ffic)nths) and
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9 Icontinuing throughout the bal~nce of the term of this lease, at
]0 such place or places as Lessor may designate from time to time.
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5. Security Deposit - Upon execution and delivery of this
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lease, Lessee shall deposit the sum of Three thousand two hundred
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fifty-one dollars and twenty-five cents ($3,251.25) in payment of
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,the minimum rental for the month beginning the first day of July,
Ii 1980.
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II cannot de~iv:r posse~sion of the premises to Lessee at the commenc~-
Iment of tne ~erm, thlS lease shall not be void or voidable, except!
as hereinafter set forth, nor shall Lessor be liable to Lessee fori I
any loss or damage resulting therefrom, so long as Lessor exercisel
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6.
Possession - If Lessor, for any reason whatsoever,
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reasonable diligence to deliver possession, but in such event
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22 there shall be daily pro-rata deduction for rent covering the
23 period between the designated commencement of the term and the
24 actual time when Lessor delivers possession, the duration of the
25 term remaining unaffected. If Lessor cannot deliver possession
26 of the premises within TEN days from the designated commencement
27 of said term, this lease may be terminated at Lessee's electioDr
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7. Us~ of Premises - (a) Lessee shall not conduct, or
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permit to be conducted upon the premises, any auction sale.
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use shall be made or permitted 1::0 be made of -the demised premisEs,. I
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nor any act done, which may incre~se the existi.ng rates of ins~~a~~0
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upon the building \vi thin which i:he c1errd sed premises are located ;,., i
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or which may cause the cancellat:ion of any insurance poli.cy" co'-'''~J::~'l.'
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If any act on theb~~t . I
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ing said building or any portion thereof.
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of. Lessee or use of the premises by Lessee shall cause directlv ~~
I indirectly any increase of Les Gor' s insurance expense, said' ";.i"
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additional expense shall be paid by Lessee to Lessor upon demanG~
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Such payment by Lessee shall not limit Lessor in the exercise cf
11 any other rights or remedies. Lessee shall not~ sell or permit 1:0
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lbe kept, used or sold in or about the demised premises any article
llwhich may be prohibited by California Standard Forms of fire
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II insurance policies. Lessee, at his sole expense f shall comply
!IWith any and all requirements pertaining to the use of the demised
!!premises, of any insurance organization or company, vlhich complie.n e
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11may be necessary for maintenance of reasonable fire f extended
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I!Goverage, public liability, and other insurance upon said building
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nand the appurtenances thereto.
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(b) Lessee shall not commit, or suffer to be committed,
21 any waste or nuisance upon the demised premises r or' any other a..:=;-t
22 or thing which in any manner may disturb the quiet enjoyment of
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any occupant in the building within which the demised premises
are
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located, or of the neighborhood.
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ec) Lessee shall keep'said premises open for business
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during usual business hours each and every business day as is
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customary for such stores in the area in which the demised premlse~
are situated. Lessee shall at Lessee's sole cost and expense, I
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without obligation of Lessor, obsprve in the use of the premises
II all governmental regulations 1 ordinances and statutes now in force,
II or which may hereafter be in fOJ~cc.
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(d) Lessee shall not vacate or abandon the demised premii~F .
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at any time during the term of thi.s lease~ and if Lessee shall,
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6 abandon, vacate or surrender the demised premises, or be disposs~sd0d
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ther8from by process of law, or othervlif>e, any personal prc;perty""'-
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IlbelO~ging to Lessee and left in or upon the d8rnised premises
I be deemed abandoned at the option of Lessor.
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Lessee shall conduct his business in the demised
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premises and the advertising and promotion thereof in conformity
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with the highest standard of business practices prevailing in the
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Ico~~unity in which the demised premises are situated.
I (f) Lessee shall not block, obstruct or make opaque the
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"grOund floor showroom window(s), but Lessee at all times shall
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rksep the showroom visible through the showroom window(s} from the
lexterior of said building.
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8. Utilities - Lessee shall pay for all water, heat, gas,
19 light, power, rubbish removal, landscape and parking lot mainten-
20 ance and all other utilities and services supplied to the premises
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9. Repairs - The premisesr and every part thereof, are at
22 the date hereof in good order, condition and repair. Lessor, at
23 its sole cost and expense, without obligation on the part of
24 Lessee, shall keep and maintain the premises and appurtenances
25 and every part thereof, including windows, doors, and sidewalks,
26 exterior_walls and roofs, in good and sanitary order, condition
27 and repair, any hazards covered by extended coverage casualty
28 insurance, damage by fire, and the elements excepted. Lessor's
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responsibility with respect to exterior walls and roofs shall te
2 limited to repair of damage not caused by Lessc0, or by reason
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,Of Lessee's occupancy.
Lessee shall promptly notify Lessor in
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4 \Alriting of any disrepair of the :coof and exterior \.,alls.. L(~[;see-
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I shall replace damaged glazing at its sole cost. Y.essor shall "._
maintain and keep in good working condition the air conditioning ,".,,;>
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plumbi.ng, heating and electrical fixtures.
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Alterations - Lessee r;hall not make r or permit t.o bF"
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the premises, or any part thereof, without the written consent of
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Lessor, and any add.itions to, or alterations of: said premisesr
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when permitted to be made, except movable furniture and trade
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fixtures, shall become at once a part of the realty and belong to
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Lessor, and shall not be removed by Lessee at the end of its
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.ioccupancy, or otherwise, except upon written consent or order of
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II Lessor. Lessee shall maintain in good condition and repair all
'Ileasehold improvements in addition to all trade fixtures, fixtures
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llfurniture and equipment contained in or about the demised premises
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I in order to promote a well-kept appearance therein. Any leasehold
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improvements, including but not limited to additions, flooring, orl
floor, wall, or ceiling covering, or lighting fixtures, installec I,
by Lessee, shall become at once a part of the realty and belong ,
to Lessor, without obligation on the part of Lessor to compensate i
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Lessee therefor. On condition that Lessee obtains Lessor's ~
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written consent not later than thirty days before the termination
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date of this lease, to the removal of any of the herein described
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leasehold improvements, such removal must be completed before the
28 termination date of this lease at Lessee's sole cost. If Lessor
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I should require Lessee by wri tte:r.. ")otice given not lef;s than -{=.r-J.ir' ~~-
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II (3D) days before such termination date to remove any such leasehc:
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'i improvements, Lessee shall comple.te :;-;uch removal not: late]: t;-;~,. .,..
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11. Access to Premises - Lessee shall perrnit: Lessor :~o~ld..' ...,;~
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I his agents to enter into and upon tho demised. premises at. aJ5 .'.~::'(;~L
I reasonable times for the purpose elf j nspectil1q the same r ~r~,"d.~~,c~~~~.~_~L...
Ii the purpose of maintaining the b;:,; ldi.ng ~lithi.n which 'L.he demised.' -I
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premises are situated, and for the purpose of making repairs, I
a1terations or additions to any portion of said building (inCIUdin~
the erection and maintenance of such scaffolding, canopies, fences I
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said termination date at Lessee is sole. coriL..
and props as may be required) and for the purpose of posting
notices of non-responsibility for alterations, additions, or
repairs, and for the purpose of placing upon the property within
I which the demised premises are located any usual or ordinary
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I" Tor saleH Sl' qns ,. d L do 11 f ::J t th
.... __ an essor may, any or a 0 sain ac-s wi _-
out any rebate of rent and without any liability to Lessee for
any loss of occupancy or quiet enjoyment of the demised premises.
Lessee shall permit Lessor, at any time within ninety (90) days
prior to the expiration of this :easer to place upon the demised
premises any usual or ordi.nary H fc)r lease 11 or "for rent.." signs..
12. Signs, Etc. - (a) Lessee shall not paint, or place
or permit to be placed, or painted, any sign, lettering, rnarquee~
or awning in, uponf or about the demised premises r includin.g
windows and doors, without the prior written consent of Lessor~
(b) Upon execution of this lease, Lessee shall forthwith
install upon the front of the demis~d premises a sign advertisi~~
its business in a dignified and appropriate manner; but before
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doing so, Lessee shall obtain written approval from ~essor to
2 plans and specifications as to design, lettering, size, coloring,
3 location, and lighting, if any, theJ:eof~ Lessor reserves the
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4 exclusive right to the use of all exterior walJs and the roof, ~nd -
5 to change the name of the building without notice or liabilii:y' ~-to. .,
6 Lessee.
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or replace any awnings:!~
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Lessee shall remove,
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Imarq~es, signs, lettering, window shades, or draperies previousl~
permitted by Lessor whenever Lessor shall notify Lessee that such
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removal, repair, or replacement is advisable to promote a well-
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kept appearance upon the premises.
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(d) If the installation, existence, servicing and mainten-
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I ance, or removal of Lessee's signs, awnings, or marquees, shall
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cause any damage to the roof, walls, or any part of the building
t in which the demised premises are situated, Lessee, at his sole
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cost, shall promptly repair any such damage.
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(e) &LY sign, awning, or marquee installed, shall become
18 at once a part of the realty and shall not be removed by Lessee
19 at end of his occupancy, or otherwise, except upon written con-
20 sent, or order, of Lessor.
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(f) It is expressly understood and agreed that continuous
22 sales signs or legends of similar import shall not be exhibited
23 on the interior or in display windows, or in any other part of
24 the demised premises, by Lessee, for any period of time other
25 than is customary for seasonal sales by a retail store operating
26 its business in a high-class manner, in a shopping district com-
27 parable to that in which the demised premises are located.
13. Assignment, Subletting, Etc. - Lessee shall not ass~gn
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this lease or any interest therein, and shall not sublet the
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;1 demised premises or any portion .thereof, or any :ciqht or privileg€ i
appurtenant thereto, or suffer any other person (the employees 0f-~.
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I Lessee excepted) to occupy or ',lS0 the demised premises or any., :'J.':'~:: . f).
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portion thereof, without the prior written consent of Lessor; and "I~
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the consent to one assignment f s\Jblett.ing, occupancy r or use by ..':;~~.
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7 any other person, shall not be deemed to be a consent to anysub-~
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8 sequent assignment, subletting, occupancy or use by any other
9 person. Any such assignment, r-nlbletting, occupancy or use with......
]0 'out Lessor's prior written consent shall be void and, at Lessor's
11 option, shall terminate this lcase~ Neither this lease nor any
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interest therein shall be assignable by operation of law, as to
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jLessee's interest, without Lessor's prior written consent, which
Ilconsent shall not be unreasonably withheld. If Lessee shall have
"obtained Lessor's prior written consent to either assignment, or
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Ilsubleasing, then apy rental paid by such assignee, or sublessee,
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Ilin excess of the rental provided by this lease, shall be for the
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II benefit of and shall be immediately paid to Lessor. In any event,
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Ii Lessor's consent to any assignment, or subleasing, shall not
relieve Lessee from any obligation under this lease.
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14. Bankruptc~, Insolvency, Etc. - In addition to the
22 violation of any of the terms herein contained, either (a) the
23 appointment of a receiver to take possession of all or sub-
24 stantially all of Lessee's assets, or (b) a general assignment by_
25 Lessee for the benefit of creditors, or (c) any action against
26 Lessee by virtue of a writ of attachment or execution, or (d) any
27 action taken or suffered by Lessee under any insolvency or bank-
28 ruptcy act, if such appointment, assignment, or action continues
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I for a period of thirty (30) days, shall constitute a breach of -::]:;5_
2 lease by Lessee.
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15. Remedies of Landlord - (a) In the event of any br8ac~
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of this lease by Lessee, then in addition to any other rights~~~'~~~,.:r;-
remedies which Lessor may have r he shall have the immediate rigr1t:l,
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of re~aentry and may remove all persons and property from the. dE;'-:~' '._~" 1'~'
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mised premises i and such property at Lessor's option r ma.y' b~ r~~),.~"!
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Ii moved and st:ored in a publ iC'iarehouse or elsewhere at the expe:r;.se i
of and for the account of Lessee. Should Lessor GO elect to re-
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enter, or should Lessor take possession pursuant to legal proceed-I
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ings or pursuant to any notice provided by law, he either may I
terminate this lease forthwith, or \'1i thout terminating thainSylease j'
lhe may from time to time, re-let the demised premises or
Iportion thereof for such term or terms or at such rental or rental~
!Iand upon such other terms and conditions (including the right to
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jtmake alterations and repairs
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II his sole di.scretion may deem
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I from such re-letting shall be applied as follows: first, to the
I payment of any indebtedness other than rent, which may be due
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to the demised premises) as Lessor i~1
advisable. Rentals received by Lesso~
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hereunder from Lessee to Lessor; second to the payment of any
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expense incident to said re-lei:tingi third, to the payment of ~he
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cost of any alterations and repairs made by Lessor to the demised
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premises; fourth, to the payment of rent due and unpaid hereunderf
24 and Lessor shall hold the residue,if any, and apply the same in
25 payment of future rent as the same may become due and payable
26 hereunder. Should such rentals received from such re-letting
27 during any month (after deducting ther.efrom the items hereinabove
28 set forth) be less than that reserved hereunder, then Lessee shall
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Ipay such deficiency to Lessorr and such deficiency shall be
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'Icalculated and paid mont.hly. Lessee also shall pay to Lessor f
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Ilupon dCEland, the costs and expenses incurred by Lef;sor in such
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re-letting and in making the a.foresaid alterations and repairs ~,. .~~ '.
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5 No such re-entry, or taking possession of the demised premises ;7~,~
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6 Lessor shall be construed as an election upon his part to -" ~c.eimj~L,i:~t( ',.
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7 this lease, unless a written notice of such election be deli~er~d~~
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8 I to. I.essee f or unless such term:i nation be decreed by a court of ::'.
9 competent jurisdiction. NotwiLhstanding any such re-.letting with-
10 out termination, Lessor at any time thereafter may elect to ter- '
11 minate this lease for such previous breach.
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(b) Should Lessor at any time terminate this lease for
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rany breach by Lessee, then in addition to any other remedy that he
,I may have I,essor may recover from Lessee all damages which Lessor
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!! may have incurred by reason of such breach, including the cost of
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II recovering the demised premises and the worth a-t the time of such
II termination, or the excess, if any, of the amount of rent
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il charges equivalent
II of the stated term over the then reasonable rental
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and t
remaino.eJ
value of the 1
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to rent reserved in this lease for the
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demised premises for the remainder of said term.
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(c) The voluntary or other surrender of this lease by
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Lessee, or the cancellation thereof by agreement, shall not cause I
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a merger; and any such act, at Lessor's option, shall terminate !
any and all existing subleases or subtenancies, or, at Lessorfs [
further option, shall operate as an assignment to him of any or all
,
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26 such subleases or subtenancies. In addition to the remedies
contained herein, Lessor shall have the remedies provided for
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under Sections 1951.2 and 1951.4 of the Civil Code of the state
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Condemnation - rnche (~vent the demised premises
aJ~S
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authority having jurisdiction, this le~ss
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by conden'~^;; j"
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and the rent herein reserved shall be apportioned and paid in t~.ll~ I
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-to. that date and all prepaid rent: and securit:y held by Lessor '. -~ -~_l
. I
-. .......... .......'..- .,...,".-...;~ "....
shall forthwith be repaid by Ik[:sor to Lessee. Thereupon "!=-hi.s. '." I :: '~:.
...... ..... .'~ "'"', ,..1', J,',T"t'_
rlease shall be of no further force or effect and Lessor and Le""'.EE. r
I shall have no liability thereafter one to the other. In the eve~t
the demised premises are partially condemend by any authority
4
terminate on the date possession shall be taken
5
6
7
8-
9
]0
11 thaving jurisdiction and the taking shall be fifty percent (50%) of
12 the total premises, then Lessee shall have the option to terminate
13 this lease by giving Lessor thirty days prior written notice, not
14
later than thirty days after date possession shall be taken by
!condemner. In such event the rent herein reserved shall be
II
I! apportioned and paid in full to that dat,e and all prepaid rent
II
Iland security held by Lessor shall forthwith be repaid by Lessor
I: Lessee. Thereupon this lease shall be of no further force or
t:.o
15
16
17
]8
19
effect and Lessor and Lessee shall have no liability thereafter
one to the other. In the event the demised premises are partially I
condemn~ by any authority having jurisdiction. but to a lesser I
20
21
. ;..
22
extent than last above described in this paragraph, the rent
1
.. \
-. I,'.
23
reserved shall then be reduced proportionately. Lessor shall be
24
entitled to and shall receive th.c entire award ar'ising out of the "i
I
I
I
I
I
25
condemnation of all or 'any portion of the demised premises except
26
as to Lessee's trade fixtures.
Lessee hereby assigns to Lessor
27
any right or interest Lessee may have now or hereafter in any
28
such a'\'lard.
-11-
17 . Destruction of pr8~is~~ ~ (a) In the c~vent of (1) c_
2
partial destruction of the demised premises or t~he building cor;-"
3
taining the same during the term of: t.hir-; lease vib.ich J:-equires re-
4
pairs either to the demised
....,.. I
premises or to said building, or (2; ...-'~,. .
< .-"f'
..' I
1\.
I
I' ~
5
the demised premises or said building being declared unsafe or.
6
unfit for occupancy by any autho)~ized public authority for<"'~,ny.~>.
7
reason other than Lessee's actr une or
, -. . :.' !
occupancy (",hiGh deci'ara~t~~~>i,~
-~' . --'~ ~),. ..1" .',," "
prend.sen OJ:' to said build.- ','
..... . I
8
requires repairs either to the demised
9
..
ing), Lessor forthwith (except as hereinafter further set forth)
10
shall make such repairs if they lawfully can be completed within
11
'one hundred and twenty (120) working days; and such partial des-
12
truction (including any destruction necessary in order to make
lany repairs required by any such declaration) in no wise shall
I
I
I annul or void this lease; provided, however, that Lessee shall be
I
~!entitled to a proportionate abatement of rent while such repairs
!:
il
II are being made, such proportionate abat_ement to be based upon the
Ii
.1
II extent to which the making of such repairs shall interfere with
Ii
lithe business conducted by Lessee within the demised premises; an~
I
ilprovided, further, that in making such repairs, Lessor shall be
I required to replace only such glazing as shall have been damaged
I by fire, and any other damaged gla.zing shall be replaced by
13
]4
15
16
17
18
19
20
21
22
Lessee.
I',
j
I
!
23
(b) In the event of partial destruction, as aforesaid,
24
and in the further event that repairs, as aforesaid, cannot law-
25
fully be made within one hundred and twenty (120) working days[ Ii
then Lessor, at its option, may make said repairs within a reason-
j
26
27
able time, and in such event this lease shall continue in full
28 force and effect and the rent shall be abated proportionately, as
-12-
,hereinabove set forth~ In the event that such repairs cannot law-
2 fully be made within one hundred and twenty .(120) working days and
3
I' in the further event that Lessor may n01: so e} Bet t:o make such
Ilrepairs, then this lease may be terminated at 1:he opt,ion of eitr;er-;
4
..... I .--'
~l.."'''''''''-;-''''-''''
5
party. In respect to any partial destruction (including any
.' ", ~ -~~ ~~, ,J'7
Idestruction necessary in order t:o make repairs as require~.J)Y the:~'
~- . .-' . !
declaration of any authorized public authority, as aforesaid)~' '~'~.:',C,: ,(
!,-..- -......- -..." :'.:7t ..~..t . ~. ''!\-
6
7
8
9
10
I
j
and of Section 1933, subdivision (4), of the' Civil Code of the Sta~e
,
!
11
12
13
14
15
16
(e)
A total destruction (including any total destruction
17
j
I
j
demised!
I
j
I
18
19
(d)
In the event of any dispute between Lessor and Lessee
20
relative to the terms of Paragraph 17, each party shall select a
21 Realtor as an arbitrator and the two so selected shall choose a
22
Realtor as the third arbitrator;. and said three arbitrators shall'
I "
j
f:.
i.
i
. 1
23
hear and determine the controversy and their majority decision
24
25
26 shares.
27
18. Excess'Taxes, Etc. - In addition to all other amounts
28 herein specified, Lessee shall pay to Lessor on the 15th day of
-13-
Ii:
. !
I
I
I
[NOVember of each year of the term hereof, commencing on the 15th
2 day of November, 1980, or as soon 'Lhereafter as tax or assessmer~+::.
3 bills are available one hundrc-;(J peyccrd: (100%) of thfc; amount hy
. '. '\.. ~. '
4 which the special and general J:eal propcrt.y taxes, and assessme.nts;~ ..
- ,
.~~......... .....,.,
5 for maintenance' purposes I and not for capital improvements paya"b.i.8 .,'_
6
on the land and building of wI1ich 'the demised premises are a paI~-{-.~
7
shall exceed such taxes and assessments payable with respect ta-
l . .
I t:he f].seal year conmlencing July 1. r 1979, and ending ,Ju.ne 30, 1980.
.J"'_:-" ~
. .~... ......... -~. ..~.." .....~..
8
9 Said taxes and assessments shaJ 1 include all such ''caxes and assess
10 ments whether levied by City, County or State or any other taxing
II authority. Lessee shall have the right to inspect the bills for
12 the taxes or assessments for the period in question. Proration
13
of- said payments by Lessee shall be made when necessary for the
14
first and last years of this lease term.
15
Ii 19. Transfer of Security Deposit - In the event that
!:
II Lessor sells the real property,_ of whi ch the dernir;ed prerr,ises are
II a part, Lessor may transfer and deliver any security given by
IILessee to secure the faithful performance of the provisions of thi
16
17
18
19 lease to the purchaser of the real property. In the event said
20 purchaser sha~l execute and deliver to I.lessee an agreement to
21 assume Lessor's obligation to return said security deposit to
22 Lessee in the manner provided in Paragraph 5 hereof, then Lessor
23 shall be exonerated from any further liability with respect to
24 said security.
25
20. Subordination - This lease shall be subject and sub-
26 ordinate to the liens of any mortgages, deeds of trust, or other
27 encumbrances which now exist or may be placed upon the demised
28 premises.
-14-
-1/
21.
Holding Over - Any holding over after the expiration
2
I
!f
II of the term of this lease, wi th the pl:ior written consent of
I[Lessor, shall be a tenancy from month to month at a minimum rental;
3
4
;......,
of Three thousand five hundred eighty~four dollars ($3,584.(JO) per:.~:
5
~,. .. -., )
~ .~~~..:'-.;;;~. ~
month.. Percentage rental rates, if any, and all other condi tioris ..,!. .
r<,., .,:j:'
and agreements of this lease sh~ll be applicable to such hOl~in.g"-~~",.;
:,~.- . -.' .:.,~,:~" ).. .
:- rlf:-~~:-;~
6
7
,over.
i
I'
22Q
Termination _. This lease may be. terminated, wit'h OJ::' .... :
, '
8
9 without cause, by either party upon the giving of sixty" (60) days r ;
10 advance written notice to the other party of such termination.
11 On the last day of the term, or sooner termination, Lessee shall
12 peaceably and quiet~y leave and yield to Lessor the premises,
13 together with the fixtures and appurtenances, all in good order,
14 condition and repair, reasonable wear and tear excepted. Lessee
15
I shall leave the premises and appurtenances free and clear of
I
! rubbish and broom clean. Lessee at it.s sole cost shall repair
I
any and all damage to the demised premises and to
16
I
Lessor's fixture~
I
eluding but not limited to the removal of Lessee's trade fixtures I
17
18
and appurtenances, resulting from Lessee's use or occupancy, in-
19
20 i.n conformity with the provisions hereof. In "che event Lessee
21
fails to do so, Lessor may charge Lessee for the reasonable cost
l
. f
. ~ ~
22
incurred by Lessor in having the same done.
-', f'
l
23
23. Waiver - The waiver by Lessor of any breach of any'
24
term, covenant or condition shall not be deemed a waiver of such
t'.:
term, covenant or condition or of any subsequent breach of the
same or any other term, covenant. or condition of this lease.
25
26
27
24. Notices - All notices to be given to Lessee may be
28 delivered personally or by depositing the same in the united
-15-
states mail, postage prepaid, and addressed to Lessee at the
2
I
I demised premises, whether or not Lessee has departed from,
i abandoned or vacated the same f and ~_~aicl noticE~ shall be deemed
3
4 delivered upon such mailing~ The mailing address for notices
5 from Lessee to Lessor shall be as above designated or such other.
;-' -' .~
6 place, or places, as shall hereafter be designated by Lessor..
7
25. Insurance - Lessee at its sole cost and expense, but--
8 for the joint benefit of Lessor and Lessee, shall procure and
9 maintain in full force and effect during the term hereof the
10 following insurance coverages in companies satisfactory to Lessor,
11 I and at all times ~hall keep Lessor supplied with certificates
12 showing such insurance to be in full force and effect and with
13
written proof that the premiums have been paid:
(a) Public
14
I liability insurance with limits of not less than $500,000.00 in
I
I! respect to injury or death to a single person and not less than
I:
~ $100,000.00 in respect to anyone accident, and with limits not
II
II less than $100 1000.00 for property damage . (b) Plate glass
II insurance covering all plate glass in the demised premises.
15
16
17
18
19
Lessee shall procure each and all of the insurance polices
20
Lessee is required to provide pursuant to the terms of this lease
21
prior to the time any liability may arise or might accrue against
!
; .
22
or in favor of the parties hereto under each and all of the said
23
insurance policies pertaining to the demised premises and to
24 Lessee's business to be conducted thereon. Lessee forthwith upon
25
becoming insured under each and all such policies or under any
26
new or additional policies of insurance shall exercise Lessee's
27
best efforts to cause each of the insurers under each and all of
28
such policies of insurance to waive, in writing, for the express
-16-
benefit of Lessor, all rights of subrogation which said insurer
2
might otherwise, if at all, have against Lessor and/or Lessee.
3
Lessee's failure to procure such waiver, after the exercise of
I
, ....~'._ t.
diligence to obtain same, shall not constitute a breach of this
'\.
4
5
lease..
.. " t:...~.:~
Lease S'ubj eat to the Lavis of the State of California. -;,;~,
6
26..
7 This lease shall be subject to the laws of the state of califo~;ri.fci'
,...... ...1r.;,..,<-J.I- ~.~,
8
and it is agreed that if any word, phrase, clause, sentence,
9
article, provision, or paragraph of this lease is or shall be held
invalid or unlawful under the laws of California for any reason,
10
11
the same shall be deemed severed from the remainder hereof, and
12
stricken therefrom, and shall in no way affect or impair the
13
validity of this lease or of any other portion thereof, and this
14
lease shall otherwise remain in full force and effect.
I
II 27. Miscellaneous provisions - (a) Subject to the pro-
rVisions hereof relative to assignment, this lease shall be binding
upon and inure to the benefit of the heirs, executors, administra-
15
16
17
18
tors, successors and assigns of the respective parties;' and all
19
of such respective parties shall be jointly and severally liable
20
hereunder.
21
(b) This lease contains the entire agreement of the
22 parties, and no modifications thereof or statement or repre-
23 sentation in connection therewith shall be effective or binding
24 upon either party unless the same is reduced to writing signed by
25 Lessor and Lessee, and attached hereto.
26
(c) Time, and prompt performance of the parties' respectiv
27 obligations hereunder, are of the essence of this lease.
(d) If Lessor and/or Lessee consist{s) of more than one
28
-17-
I
I
I
I
person, then the covenants, agreements, and obligations of the
2 respective parties shall be binding upon such parties, jointly
3 and severally.
4
28. Option to Renew - Providing Lessee is not in default
5 under this lease, at its termination, it shall have an option to
6 renew said lease for an additional three year term. The rental
7 rate for the additional term shall be agreed upon by Lessor and
8 Lessee. If they cannot agree as to the rental rate, each shall
9 choose an appraiser, and those two appraisers shall choose a third
]0 appraiser. Said three appraisers shall establish fair rental for
11 the extended term, and their decision shall be final. Any cost of
12 appraisal shall be borne equally by Lessor and Lessee. Extension
13
of the lease, however, shall be subject to a ninety (90) day
14
written notice from Lessee to Lessor, prior to the expiration of
15
the initial term, as to its intention to renew the lease.
]6
IN WITNESS WHEREOF, the parties hereto have executed this
17
lease on the date and year first above written.
]8
"LESSOR"
19
~~
Robert Sedlak
20
21
/1/Ld--1-L--:1' < ~ddc-~</c/
Nancy Sedlak ,,'
22
23
"LESSEE"
24
CITY OF SAN
25
ATTEST:
26
~ ~
. - ... Y/l?u . '1.b
City Clerk
Approved as to form:
~_~ ~~.,~tr
Cl.ty Attorney
27
28
-18-
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Victoria
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PLAN
. .
~Landlord'; prior, to occupancy:
J ~~
A. ,Wilt install 12'E;"'0~ 10' high' 2' x 4' stud, partition with,~" drywall
o~ each. side with a pas'sage door froin large area i?to' private office.
Will in~tall 25' feet of 10 .ft. high 2' x 4' stud partition 'with ~" , '
drywall.' on each side with a passage door. ' This will' make two:large
classr?oms in the sou~h wing of the buildlng.
. '(\ ,.
Will install approximately ,600 yards' of co~ercia~. graae, ca.r'pet in de-
.signated areas. .
B;
c.
D.
. .-
Will make cer'tain all' lighting, pl'uml;>ing, heating and air conditioning
is in good. wprking o~der at time of occupancy.
"
. .
~,~;~:~,~::i~;;~:.~~r:, "~'~"'.~~~'~~~"
~i(-'" :'::,~~~~:,..:.:,.::~:'~~:-~:>"- ..:;'<.-: ~~}:.:; .-;~: -
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.-
FIRST A11ENDrIENT TO LE^SE
2
THIS FIRST AHENDB.ENT TO LEASE is entered into between
3 ROBERT SEDLAK and NANCY SEDLAK, husband and \vi fe, re fer red' to as
4 "Lessor" collectively, and the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as "Lessee".
6
The parties agree as follows:
7
1. Recitals.
8
(a) By Resolution No. 80-253, adopted June 16, 1980,
9 the Mayor and Common Council authorized the execution of a lease
10 of an office building located at 646 North Sierra Way, San
11 Bernardino, California to be used by the CETA Department.
)2
(b) The parties desire to amend the lease to redefine
13 the obligations of the parties to maintain the air conditioning,
)4 pluIT~ing, heating and electrical fixtures, and to eliminate
15 the provision which provides for termination with sixty days
]6 notice by either party. This amendment is entered into con-
17 currently with the execution of the lease.
18
2. Amendments.
19
(a) Paragraph 9 of the agreement is amended to read:
20
"9. Repairs - The premises, and every part thereof, are
21 at the date hereof in good order, condition and repair. Lessor,
22 at its sole cost and expense, without obligation on the part of
23 Lessee, shall keep and maintain the premises and appurtenances
24 and every part thereof, including v7indows, doors, and sidewalks,
25 exterior walls and roofs, in good and sanitary order, condition
26 and repair, any hazards covered by extended coverage casualty
27 insurance, damage by fire, and the elements excepted. Lessor's
28 responsibility with resoect to exterior walls and roofs shall be
EXHIBIT R
.. !i
".
. .
limited to repair of damage not caused by Lessee, or by reason
2 of Lessee's occupancy. Lessee shall promptly notify Lessor in
3 writing of any disrepair of the roof and exterior walls. Lessee
4 shall replace damaged glazing at its sole cost. Lessee shall pro-
5 vide a normal maintenance program so as to keep in good working
6 condition the air conditioning, plumbing, heating and electrical
7 fixtures. However, should any major components need replacing
8 the Lessor agrees to provide the component and labor to correct
9 the problem."
10
(b)
Paragraph 22 of the agreenent is amended to read:
11
"22. Termination - On the last day of the term, or sooner
)2 termination, Lessee shall peaceably and quietly leave and yield to
13 Lessor the premises, together with the fixtures and appurtenances,
]4 all in good order, condition and repair, reasonable wear and tear
15 excepted. Lessee shall leave the premises and appurtenances free
16 and clear of rubbish and broom clean. Lessee at its sole cost
17 shall repair any and all damage to the demised premises and to
18 Lessor's fixtures and appurtenances, resulting from Lessee's use
19 or occupancy, including but not limited to the removal of Lessee's
20 trade fixtures in conformity with the provisions hereof. In the
21
event Lessee fails to do so, Lessor may charge Lessee for the
22
reasonable cost incurred by Lessor in having the same done."
23
DATED:
,il ;: _(..; '-.f:
..1 :)., / S-;- .r' (~;
24
"LESSORS"
,,/
"LESSEEll
25
cl2O-Q,..o4- I
ROBERT SEDL1\,-
26
C_); // Fl {' ( " :.,j~;o /:/, (~l./~ /
, ..._ _ .....-. - . " r -'~.r-"'- ....-.. ~......' ,A
NANCY SEDLAK'
Appro~ed a,p t~,9rJ;l: d'
/~7' ,// /I rl..:.;> h-0~ ~ /f
'I /~,~,(L'i /-7 ?/ll?/Z1//
/,r, /. ' /1
!Jv:"-~/~I'Cl ty Attorney ::/
27
28
]1~TTEST :
City Clerk