HomeMy WebLinkAbout13-San Bernardino Employment and Training
. CI-k .OF SAN BERNARD'-Jo - REQUL>r FOR COUNCIL AC..:bN
From:
George Fuj i wa ra, Executi ve Di rector Subject:
San Bernardino Employment and Training
Request for Extension of Office
Building Lease Agreement -
646 North Sierra Way
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Ospt:
Date:
August 7, 1987
Synopsis of Previous Council action:
Resolution No. 86-311 authorizing the execution of an Extension of Term of Lease
with the Sedlak Family Trust, to provide for a one year extension of the term
and a three percent increase in the monthly rental fee for that oertain office
building commonly known as 646 North Sierra Way (SBETA facilities), was duly
adopted by the Mayor and Common Council of the City of San Bernardino at a
regular meeting thereof, held on the 4th day of August, 1986.
Recommended motion:
Adopt resolution.
c4 ~Si:turf1~ ~
Contact person:
George M. Fujiwara
Phone:
888-7881
Supporting data attached:
Yes
Ward:
NIA
FUNDING REQUIREMENTS:
Amount: $44,304. 48
Source: Federa 1 Funds
Finance: ()~ \~
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Council Notes:
Aaenda Item No
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, ~ITY OF SAN BERNARDINO - MEMORANDUM
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To
James Penman
City Attorney
Extension of Office Building Lease Agreement
George Fujiwara
From Executive Di rector. SBETA
Date August 7, 1987
Subject
Approved
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Date
Attached are an original and four copies of the Extension of Term of Lease
Agreement between the Sedlak Family Trust and the City of San Bernardino
for the office building ,located at 646 North Sierra Way (S8ETA facilities).
The Lease Extension is for a period of one (1) year, beginning October 1,
1987 and ending September 30, 1988. The'monthly rental fee is $3,692.04
(approximately 51t per square foot) and is the same amount as the previous
year.
The building will be used to administer the Job Training Partnership
Act programs. The total JTPA funds being made available to the San
Bernardino Employment and Training Agency for Fiscal Year 1988 is
approximately $1,900,000.
Justifications for the Lease Extension include:
1. The building is easily accessible to job seeking clients, with
ample parking space and a nearby public transportation system.
2. The building has a large conference room that is utilized by
the 24-member Private Industry Council for their meetings.
3. The monthly rental fee is reasonable in comparison to the rental
fees for similar commercial buildings within the area.
Also attached is the Council Action Request form relating to this matter.
Thank you very much for your assistance. Please call me at 888-7881 if
you need additional information.
'-<~ A ~'~~~ ~
Geo e M. Fujiwa
Executive Director
SAN BERNARDINO EMPLOYMENT
AND TRAINING AGENCY
Attachments
cc: Ray Schweitzer, City Administrator
Warren Knudson, Finance Director
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2 RESOLUTION OF THE CITY OF SAN BERNARIlINO 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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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Extension of Term of Lease with the Sedlak Family Trust
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 "An 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 meeting thereof, held on
16 the day of , 1987, by the
17 following vote, to wit:
18 AYES:
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20 NAYS:
21 ABSENT:
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9/15/87 1
City Clerk
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1 The foregoing resolution is hereby approved this day
2 of , 1987,
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Approved as to form
6 and legal content:
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9/15/87
Mayor of the City of San Bernardino
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1 EXTENSION OF TERM OF LEASE
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3 This agreement, made and effected this ___ day of
4 1987, by and between the Sedlak Fami1v Trust hereinafter called
5 the Lessor, and Citv 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 30, 1982 and extended
17 for one year periods with agreements dated August 8, 1982, August
18 17, 1983, August 30, 19B4, 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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EXHIBIT A
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In witness whereof the Lessor and Lessee have set their
hands to duplicates of this agreement.
APPROVED AS TO FOR~j
AND LEGAL CONTENT:
SEDLAK FAMILY TRUST, Lessor
: "~.I.-''''___ i ;~':'~. -. "--'_
F;!ty Attorney
Attest
City Clerk
Robert J. Sedlak, Trustee
Nancy W. Sedlak, Trustee
CITY OF SAN BERNARDINO, Lessee
By
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2 THIS LEASE is executed at San Berni'.rdino, California, t;-,i:;:
3 ,I.?!!:;. day of J'.lne, 1980, betv,'cen HOj\r:HT SEDL1\l{ and ;-I!,NCY SEDLi-t-:,
4 husband and wife, 106 West sixth Street, San Bernardino,
5 California 92406 (hereinafter reforred to as Lessor without reg?r'
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6 to number or gender) and the Cl'J'Y OF' SAN BERNJ\RnINO, a rnuni..:ir~r.'" ":. "."
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7 corporation, 300 North "D" Street., San Bernardi.no, California".':
8 924]8 (hereinafter l:eferred to iJf: Lessee withollt regard to num)zr
9 or gender).
10 The parties agree as follcJws:
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1, Demised Premises - Le~r.or leases to Lessee, and Lessee
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hires from Lessor, upon the terms and under the conditions herein-I
,I 'after set forth, those certain premises located in the City of san!
I,Bernardino, County of San Bernardino, state of California, more
!i particularly described as follows:
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That certain office building commonly known as 646
North Sierra Way containing approximately 7225 sq.
ft. together 1tTith non-exclusive use of owner's
black topped parking areas so as to accommodate
approximately 75 spaces, for use by Les~ee's
employees and patrons.
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2. Term - The term of this lease shall be for a period of
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21 two (2) years, three (3) months, commencing upon the first day of
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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
EXHIBlI
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!,noLjCe or demand, the total :;llm of Ninety t.housand s(~ven h"lndr5~,
Ithirty-four dollars and twenty..tcwo ccmt.fi ($90,"734.22), payah;.e
,IThr.~e thousand bolo i',undred fj [Ly-one dollars i)nd tw"..Ly"fi"J8 C<c,
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4 ($3,251.25) per month payable :i,n advance on t.he first day of ea~_;-,
S month, cOllUl\encing the first day of ,July, 1980. Monthly rentiil
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shall be escalated at 5% per jear.
Cecond YN"l: begil'lning J'uly'",
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1981, monthly rental will be ~n, 413.81. Third year beginning
Il,JUlY 1, 1982, mont:hly rental, :,'j) 1 be r,;3, 584.:' 0 (3 mr,nt.hs) and
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1 <'ontinuing throughout the bali'>lwe of the term of thiB lease, at
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10 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"
12 lease, Lessee shall deposit the sum of Three thousand two hundred
13 fifty-one dollars and twenty-five cents ($3,251.25) in payment of
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I the minimum rental for the month beginning the first day of July,
111980.
IS
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~cannot deliver possession of
II ment of the tem, this lease
the premises to Lessee at the comrr~nc~-
shall not be void or voidable, exce:;:t'
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Possession - If Lessor, for any reason whatsoever,
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as hereinafter set forth, nor shall Lessor
be liable to Lessee fori
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ong as Lessor exerC~5es
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any loss or damage resulting therefrom, so
21 reasonable diligence to deliver possession, but in such event
22 there shall be daily pro-rata deduction for rent covering the
23 period between the designated ~ollUl\encement of the term and the
24 actual time when Lessor delivers possession, the duration of th5
2S 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 I selection.
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7. Use of Premises - (a) Lessee shall not conduct, or
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I,!?ermit to be conducted m:lOn the premises, any auction sale. !"C
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I use shall be made or permitted 1:0 be made of the demised premise,. I
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I nor u.ny act don", which ':lay L,crcdse the exist.ing ra1:es of irs,~,:.."r~"
I upon the buildi ng wi thin which the demi sed premises are ) ocateC'..'
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or which may cause the cancellaU on of any insurance policy.. COh" ;':,- i
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ing said building or any portion Lhereof.
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If any act on the[,~'c.:. -!
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premises by Lessee shall cause directlr ..
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,of Lessee or use of the
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I :i nd i.rectly any ,:i ncrease of LeE "or's in f:ur ance expense, said
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additional expense shall be paid by r,essee to Lessor upon demar,5.
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Such payment by Lessee shall not limit Lessor in the exercise cf
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any other rights or remedies. LeGsce shall not sell or permit to I
be kept, used or sold in or about the demised premises any artic:el
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Ii which may be prohibited by California Standard Forms of fire
Ii insurance policies. Lessee, at his sole expense, shall comply
liwith any and all requirements pertaining to the use of the demised
ij,.H:emises, of any insurance organization or company, ~lhich complie,:) e
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rmay be necessary for maintenance of reasonable [ire, extended
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Hcoverage, public liability, and other insurance upon Raid buildin,;;
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[land 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, or any other ;;:t
22 or thing which in any manner may disturb the quiet enjoyment of
23 any occupant in the building within which the demised premises ~re
24 located, or of the neighborhood.
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(c) 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 pre~~selq
are situated. Lessee shall at Lessee's sole cost and expense,
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I wit.hout obligation of Lessor, r,bsC'rve in the U~;0. of Lhe premises
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lall governmental regulations, ordinances and statutes now in force,
I or which may hcrea fc,(~r he in fo,:(;(,.
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(d) Le&sce shall not vacate OJ: abandon the demised premisE':
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at n.ny time during thc term of tbif; lease; and if Lessee shall
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abandon, vacate or surrender tlH~ clemi ~;ed prerni~;es, or be disposse,-c'(
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by process of law, or othen1i~;e, any personal property'.
therefrom
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left in (JJ' UpOf1 I:be c1Llflisecl p:ce,mises sl~ 0:.:,.
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abandoned ;,t the option ()f Lessor.
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(e) 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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1 with the highest standard of business practices prevailing in the
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co~~unity in which the demised premises are situated.
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(f)
Lessee shall not block, obstruct or make opaque the
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I; ground floor showroom window(s), but Lessee at all times shall
l'I1r~eo t'TlQ
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rexterior of said building.
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showroom visible through the showroom window(s)
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from t::e I
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light, power, rubbish removal, landscape and parking lot mainten- I
ance and all other utilities and services supplied to the premi:BS!
9. Repairs - The premises, and every part thereof, are at
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utilities - Lessee shall pay for all water, heat, gas,
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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 except~d. Lessor's
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responsibility ,'lie:!l respect to 0xterior walls "nd roof" shall i::~
Illimi ted to repair of damage no\-. caused by Lessee, or hy reason
[IOf Lessee's occupancy, Lessee ~;hall promptly r,.r,Li.fy j,CSf;O~t: 'lr,
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4 \<Jri ting of any disrepair of the: n>of and ('xterior walls .T,r,~;see'
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II shall replace damaged '}lazing Qt its sole cost.
maintain and keep in good ,icrJdng condi.tion the:
air conditioning,'
Lessor shall
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plumhing, hea.ting and electrical fl xtur.es.
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)(J. Alterations - I.coseo ;:hall not make, or permit to t"_
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any decorations, improvements, additions, or alterations cf
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the premises, or any part thereof, without the written consent of
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I,essor, and any additions to, or alterations of said premises,
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fixtures, shall become at once a part of the realty and belong to i
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~1'Lessor, Lessee shall maintain in good condition and repair all j
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11 leasehold improvements in addition to all trade fixtures, fixtures
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!lfurniture and equipment contained in or about the demised premises
I'in order to promote a well-kept appearance therein. Any leasehold
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when permitted to be made, except movable furniture and trade
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Lessor, and shall not be removed by Lessee at the end of its
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occupancy, or otherwise, except upon written consent or order of
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improvements, including but not limited to additions, flooring, 'Jri
floor, wall, or ceiling covering, or lighting fixtures, installe:: '
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by Lessee, shall become at once a part of the realty and belong
to Lessor, without obligation on the part of Lessor to compensate
24 Lessee therefor. On condition that Lessee obtains Lessor's
25 written consent not later than thirty days before the termination
26 date of this lease, to the removal of any of the herein describe~
27 leasehold improvements, such removal must be completed before t:-,e
28 termination date of this lease at Lessee's sole cost. If Lesso~
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! should require Lessee by .iritter. ',otice given noL ]ef." t:han '.',ir ,',
:1 (30) days before such terminatior. date t:o J~cm()ve any "uch l"'",:e;"~.:
iiimprovements, Lessee ~hall comph.t:e :;uch r~hloval nut: )i'iteJ: L,'c" ",
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said termination date at Lessee I", sole. cor:t.
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Access to Premises -',essee shall permit: Lessor Co'td
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,i'hiS agents to enter into and upo~'.. the: demised premises at ;;U"...':.
reasonable times for the purpose ~,f j ]H;peetin9 the same rand f;-r ,'~'1'
i, the purpose of maintaining the b;,i lcHng vli.thj n which t:he demi~e"d"'-"i-
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premises are situated, and for tte purpose of making J~epairs,
alterations or additions to any portion of said building (inClUdin1
the erection and maintenance of .5ilch scaffolding, canopies, fer.cesl
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and props as may be required) and for the purpose of posting
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notices of non-responsibility for alterations, additions, or
! repairs, and for the purpose of placing upon the property within
! which the demised premises are located any usual or ordinary
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I"for sale" signs; and Lessor may do any or all of Gaid acts ~lith-
lout any rebate of rent and \vithout any liability to Lessee for
any loss of occupancy or quiet enjoyment of the demised premises.
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Lessee shall permit Lessor, at ar,y time within ninety (90) days
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prior to the expiration of this :"ease, 1:0 place upon the demised
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premises any usual or ordinary "{(.r lease" or "for rente" signs.
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12. Signs, Etc. - (a) Lessee shall not paint, or place
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23 or permit to be placed, or painted, any si9n, lett.ering, m"J~Si.Jee.
24 or awning in, upon, or about the demised pT.c:mises r inclllc1h,q
25 windows and doors, without the prior written consent of Lessor.
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(b) Upon execution of this lease, Lessee shall forj:hw:i~h
27 install upon the front of the demised premi f:CS a d,gn f;c1veJ~tisi-,:
28 its business in a dignified and appropriate manner; but before
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doing so, Lessee shall obtain ''I'ritten approval from Lessor f:o
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2 \ plans and specifications as to de~ign, lettering, size, coloring,
3 [location, and lighting, if any, tlwl:eof. Lessor reserves the
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4 exclusive right to the use of -3.11 exterior walJ 5 and 1:he roof 1 ::-:d'
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5 to change the name of the building without nol:ice or l.iabU.ii:y:cc.
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Lessee,
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(c).
or replace any
awningf,::',\ ,
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prev~o:;.sl,_~ !
Lessee shall remove,
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I Ini:lrquees, si gn5, ] et.tering, wi ne]C>\>l shades, or dJ~aperjes
permitted by Lessor whenever Lessor shall notify Lessee
that such
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10 removal, repai.r, or replacement is advisable to promote a well-
11 kept appearance upon the premisc~.
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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 marq\leeS, shall
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cause any damage to the roof, walls, or any part of the building
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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)
k~y sign, a\.;ning, or marquee installed, shall become
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at once a part of the realty and shall not be removed by Lessee
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at end of his occupancy, or otherwise, except upon written con-
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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 Lesse~r for any period of time other
2S than is customary for seasonal sales by a retail store operating
26 its business in a high-class manner, in a shopping district co~-
27 parable to that in which the demised premises are located.
13. Assignment, Subletting, Etc. - Lessee shall not assign
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this lease or any inLerest therein, and shall not suhlet the
2 'demised premises or any portion t.heJ:E,of, or any riC;hL or privileg<:
) appurtenant thereto, sr suffer any other perrson (the emrloy,,",os r,f.
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I Lessee excepted)
portion thereof,
~l.ithout the prior written conf;ent of Lessor; and'
to occupy or ,18" the demised premises or any.
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the consent to one assignment,' subletting, occupancy, or use by
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7 any other person, shall not be deemed t:o be a c:cmc:ent to any g;,;i:;-
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8 i sequent assignment, subletting, occupancy or \1!;e by any other
9 person, Any such assignment, "HlbleLti.ng, occupancy or use with-
10 .out Lessor's prior written consent shall be void and, at Lessor's
11 option, shall terminate this l~ase. Neither this lease nor any
12 interest therein shall be assignable by operation of law, as to
13 'Lessee's interest, without Le~sor's prior written consent, which
14 consent shall not be unreasonably withheld. If Lessee shall have
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obtained Lesser's prior written consent to either assignment, or
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subleasing, then any rental paid by Sllch assignee, or sublessee,
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in excess of the rental provided by this lease, shall be for the
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:1 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. Bankruptcy, Insolvency, Etc. - In addi.tion 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 "J'
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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,for ,'1 period of .,-J',irty (30) days, shall constitute a breach of
2 lease by Lessee.
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15. Remedies of Landlr,Hl .' (a) In t:he evenj'. of any broo~;- i
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of this lease by Lessee, then in addition to any other rights :r' ,
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remedies which Lessor may have, he shall have the immediate ri.,?r,t "
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of re-entry and may remove aU. persons and property from the"::'~,,~',-
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mised premises; and such property at Le~sor's opti.on, may be re'~ ,:'
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iimo'..red
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proceed-I
and stored in a public '.';"r~hc>use or elsewhere at the ezper.s",-
Should Lessor so elect to re-
for the account of Lessee,
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enter, or should Lessor take possession pursuant to legal
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ings or pursuant to any notice provided by law, he either may i
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terminate this lease forthwith, or without terminating this lease !
Ihe may from time to time, re-let the demised premises or any j
Iportion thereof for such term or terms or at such rental or rer.~al~
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!Iand upon such other terms and conditions (including the right to
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ii i!!a.ke alterat:LOns and repairs 1:0 the dc.,rnised premises) as Lessor '.::: I','
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Ii his sole discretion may deem advisable. Rentals received by LessolC"
II from such re-letting shall be appl i.ed as follows: first, to the
payment of any indebtedness other than rent, which may be due
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hereunder from Lessee to Lessor; second to the payment of any
21
expense incident to said re-letting, third, to the payment of ~he
22
cost of any alterations and repairs made by Lessor to the demised i
premises; fourth, to the payment of rent due and unpaid hereun~er;
23
, ,
24
and Lessor shall hold the residue,if any, and apply the same :~,
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 hereinab,:vc>
28 set forth) be less than that reserved hereunder, then Lessee shall
-9-
L
2
Ii
I
Ilpa, "ooh defideno, to r.e,"or, ,md ,uoh defideocy ,hall ho
I calculated and paid monthly. r,essee also shall pay to Lessor,
1
ilupon dCr.\ar,d, the costs and expenses j ncurred by I,0f;SOr. in siJl:r,
I
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re-letting and in making the af(Jxesaid alterations and repairs.
-
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S No such re-entry, or taking po[;session of the demised premises Sy. 0
< "
6 Lessor shall be construed as an election upon his part to"j:ermj, '.i:'h, '
'.,... ....
7 this lease, unless a ~lri tten noti.ce of such election be deliversd, "
8 ~to I.essee, or unless such termination be decreed by a court of
9 competent jurisdiction. Notwithstanding any such re-letting wi~h-
10 out termination, Lessor at any time thereafter may elect to ter-
11 minate this lease for such previ.ous breach.
12
(b) Should Lessor at any time terminate this lease for
13 iany breach by Lessee, then in addition to any other remedy that he
14
may have Lessor may recover from Lessee all damages which Lessor
!i
;1 may have incurred by reason of such breach, including the cost of
IS
16
ii
P recovering the demised premises and the worth at the time of sue;-,
!I
iltermination, or the excess, if any, of the amount of rent and ,.
!icharges equivalent to rent reserved in this lease for the remainde
Ilof the stated term over the then reasonable rental value of the ,
17
18
19
20
demised premises for the remainder of said term.
21
(c) The voluntary or other surrender of this lease by
22 Lessee, or the cancellation thereof by agreement, shall not cause I
23 a mergerl and any such act, at Lessor's option, shall terminate
24
any and all existing subleases or subtenancies, or, at Lessor's
,
-1 I
0.....1
!
2S
further option, shall operate as an assignment to him of any or
26 such subleases or subtenancies, In addition to the remedies
27 contained herein, Lessor shall have the remedi.es provided for
28 under Sections 1951.2 and 1951.4 of the Civil Code of the State
-10-
.
(....
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lof Cal i fornia.
2
16. Condemnation - In I~he event the demised fJremises iFS
3 i'totally condemend by <J.ny authcTity having :i\lri~;di cLiol1, lohi:; ] ':, i-;'
4
shall terminate on the date pOG5e~sion shall be taken
, .(.
by condelC,::er ,
.. .\
. ,. (
paid in full i
s
and the rent herein reserved shall. be apportioned and
6
7
. ...... ~,-.-
8
9
10
the demised premises are partially condemend by any authority
11 having jurisdiction and the taking shall be fifty percent (50%) of
I
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
I
later than thirty days after date possession shall be taken by
,condemner. In such event the rent herein reserved shall be
"
II apportioned and paid in full to that dilt.e and all. prepaid rent
il
Iland security held by Lessor shall forthwith be repaid by Lessor ~~
'Lessee. Thereupon this lease shall be of no further force or
15
16
17
18
19
20
effect and Lessor and Lessee shall have no liability thereafter
21
one to the other. In the event the demised premises are partia:'J.l'l
I
I
condemned by any authority having jurisdiction, but Lo a leS5p.:: !
22
extent than last above described in this paragraph, the rent
i
!.
!
I
,
23
reserved shall then be reduced proportionately. Lessor shall be
24 entitled to and shall receive the entire award arising out of ~he
25 condemnation of all or any portion of the demised premises except
26 as to Lessee's trade fixtures. Lessee hereby assi.gns to Lesser-
27 any right or interest Lessee may have now or hereafter in any
28 such award.
"
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2
17. Destruction of prE.r.ni~c.:E. .- (a) In 1 he event of (1) 2,
! partial destructi::J!1 of the demised premises or the builcling (:00'-"
I taining the same during the term ot thi~; lease whi.ch J~equires re-
3
4
pairs either to the demised prr'!mises or to said building, or (L:
... .~ I
5
!
!
6
the demised premises or said building being declared unsafe or
"~.
unfit for occupancy by any author)?ed public authod,t.y for'.~.ny ','
reason other than Lessee I s act, un€; or occupancy (which declara"ti, 'j
...." ...).,:,. I
7
8
requires repairs either to the ekmised premiser. or to said buLLcl-
9
ing), Lessor forthwith (except as hereinafter further set forth)
10
shall make such repairs if they lawfully can be completed within
one hundred and twenty (120) working days~ and such partial des-
truction (including any destruction necessary in order to make
I any repairs required by any such declaration) in no wise shall
I
I annul or void this lease~ provided, however, that Lessee shall be
I
,I entitled to a proportionate abatement of rent while such repairs
Ii
il are being made, such proportiorlate abaLement to be based upon t:-.e
I
Ii
!I extent to which the making of 3uch repairs shall interfere wi tr.
"
lithe business conducted by Lessee within the demised premises~ and
I
Ii provided, further, that in making such repairs, Lessor shall be
required to replace only such glazing as shall have been damaged
11
12
13
14
15
16
17
18
19
20
21
by fire, and any other damaged gla?ing shall be replaced by
22
Lessee.
23
(b) In the event of partial destruction, as aforesaid,
24
and in the further event that repairs, as aforesaid, cannot 1<3:';-
25
fully be made within one hundred and twenty (120) working days, ,"
then Lessor, at its option, may make said repairs within a reascn-,
able time, and in such event this lease shall cont'.inue in full
26
27
28
force and effect and the rent shall be abated proportionately, as
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-
In the event that such repairs cannot law-
2
I. hereinabove set forth.
ii
I fully be made within one hundrp.d i'tnd Lwenty (120) \vorking days .;T,r=
Ii in the further event that Lessor lTiay nol: f~O r,] (,ct tomak8 l'l1Jcl',
I repairs, then this leacoe may be terminated at the opti (,n of eit~:er'
3
4
.J;. .~..
5 I party, In respect to any partial destl:uction (ineluding any
,\
. .
6
destruction ll.ecezsary in order 1:0 wClke repairs as !:("quired by tte
.'
7
declaration of any authorized public authority, as aforesaid) . ' "_.
_. _."' ., :. w .....; . '_
8
Ilwhich Les"o!: is obligated to n,pair or may elect to repair under
!
this paragraph 17, the provisions of section 1932, subdivision (2)
9
10
and of Section 1933, subdivision (4), of the Civil Code of the State
11
of California, hereby are waived by Lesf:lee; and provided further,
I that Lessor shall not be required to commence said repairs until
II he shall have received payment in fulJ upon any policies of
II
ii
i casualty insurance covering such loss, but in no event later than
I sixty (60) days after the occurrence of such partial destruction.
"
d
Ii (e);, total destruction (including any total destructior.
!Irequired by any authorized public authority) eiLher of the demised!
I!p=emises or of said building shall terminate this lease.
I (d) In the event of any dispute between Lessor and Lessee
I
relative to the terms of Paragraph 17, each party shall select a
12
13
14
15
16
17
18
19
20
21 Realtor "5 ail arbitrator and the two co [;elected shall choose ~
22 Realtor as the third arbitrator; and said three arbitrators shall
23 hear and determine the controversy and their majority decision
24 thereupon shall be final and binding upon both parties. Lec;sc'
and Lessee shall bear the expense of such arbitration in equal
25
26
shares,
27
18. Excess Taxes, Etc. - In addition to all other amo;mts
28 herein specified, Lessee shall pay to Lessor on the 15th day of
-13-
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- ......;
2
I November of each year of the '_p.rm hereof, commencing on the 15 t~.
I day of November, 1980, or as soon thcreaftc,r as tax ()J~ asscssme'-,'c
I bills are available one hundr rI [>I'j'ecnl: (100\\) ()f thee amount t:-
"
I' which the special and general :r.:ea) propert.y taxes, and a p.sessmcn~~, cO
, for maintenance, ,?urposes, and 'clot for (:apital irnprovE:ments payab: c;
3
4
S
6
on the land and building of wldch Lhe demised premises are a l!alC' r
shall exceed such taxes and assessment-s payable with l~espect' tG-'"
;.....-
,I t.he fi.scal year comme,;cing July 1 r ] 979, and ending ;June 30, lS ',", ,
7
8
9
Said taxes and assessments sh," :11 include all such 'caxes and assess-t
I
i
ments whether levied by City, County or State or any other taxing
10
11 authority. Lessee shall have ::he 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
Ii first
,i
and last years of this lease term.
IS
19.
Transfer of Security Deposit - In the event that
16
i;
II Lessor sells tne real property, of whi ch the demiried premises are
Ii
II a part, Lessor may t~'ansfer and deliver any security given by
!iLessee to sec~re the faithful performance of the provisions of
17
18
thi 1
.....~
I
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!
19
lease to the purchaser of the real property.
In the event said
20
purchaser shall execute and deli vel' to TJessee 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 l.iability 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-
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21, Holding Over - Any holding over after the expiration
2
,
Ilof the term of this lease, with the prior written consent of
iLessor, shall be a tenancy from mont.h to month at a minimum' rental
3
4
of Three thousand five hundred eighty'-four dollars ($3,584.00) PE:i::'
5 month. Percentage rental rates, if any, and all other condi tiont- ,,-
.'
6
and agreements of this lease shall be applicable to
such holdii",'O"' -,'
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7
,over.
! '
22. 'rermination - Thi~ lease may be, terminated, with or '
8
9 without cause, by either party upon the giving of sixty (60) days'
10 advance written notice to the other party of such termination. \
liOn the last day of the term, or sooner termination, Lessee shall I
12 peaceably and quietly 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.
I
any and all damage to the demised premises and to
16
Lessee at its sole cost shall repair
17
Lessor's fixturef
I
eluding but not limited to the removal of Lessee's trade fixtures \
18
and appurtenances, resulting from Lessee's use or occupancy, in-
19
20 in conformity with the provisions hereof. In the event Lessee
21 fails to do so, Lessor may charqe Lessee for t.he reasonable co:;'~
22 incurred by Lessor in having the same done.
23. Waiver - The waiver by Lessor of any breach of any
23
24
term, covenant or condition shall not be deemed a waiver of 5110.:',
25
term, covenant or condition or of any subsequent breach of the
26
same or any other term, covenant or condition of this lease.
27
24. Notices - All notices to be given to Lessee may be
28 delivered personally or by depositing the sarne in the united
-15-
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ii
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I '
I, ~~I-Cit.~~S
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mail, postage prepaid,
,:nd addressed to Lennen at the
2
Ii demised premises, ",het.her or not Lnssce has depart.ed
i\ abandoned or vaco ted Lhe same, ;md i,aid notice sh" 11
I
delivered upon such mailing.
be deer.1e6
from,
3
4
The mailing address for notices
5
6
from Lessee to Lessor shall be as above designated or such other
place, or places, as shall hereafter be designated by Lessor.
7
25.
. i
Insurance - Lessee at its sole cost and expense, but.
8
for: the joint benefit of Lesso]: and Lansee, shall procure and
9
maintain in full force and effect during the term hereof the
10
following insurance coverages in companies satisfactory to Lessor,
an(l at all times shall keep Le,;nor: sunplied with certificates
. ,
11
12
showing such insurance to be in full force and effect and \~ith
13
written proof that the premiums have been paid:
(a) Public
14
liability insurance with limits of not less than $500,000.00 in
I
II respect to injury or death to a single person and not less than
II $100,000.00 in respect to anyone accident, and with limits not
II less than $100,000.00 for property damage. (b) Plate glass
~ insurance covering all plate glass in the demised premises.
Lessee shall procure each and all of the insurance polices
15
16
17
18
19
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 ilFor.
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-
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benefit of Lessor, all rights of subrogation which said insurer
2 might otherwise, if at all, h~ve against Lessor and/or Lessee.
3 Lessee's failure to procure 311eh waiver, after Lhe exercise of
I
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,
4
diligence to obtain same, shall not constitute a breach of this
'.
.- '....
5
lease.
:.
6
26.
. . _~ ~ i
Lease Subject to the Laws of the State of Californic '.
7 This lease shall be subject to the laws of the State of California
.- - -'" ,.
8
and it is agreed that if any word, phrase, cla\Jse, sentence,
9
article, provision, or paragraph of this lease is or shall be held
10
invalid or unlawful under the laws of California for any reason,
the same shall be deemed severed from the remainder hereof, and
11
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
15
27.
~iscellaneous provisions - (a)
Subject to the pro-
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.
(c) Time, and prompt performance of the parties' respectiv
26
27 obligations hereunder, are of the essence of this lease.
(d) If Lessor and/or Lessee consist(s) of more than one
28
-17-
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person, then the covenants, agreements, and obJ igat.ions of the
2 respective parties shall be bindi.ng 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
-"I '..
6
r~new said lease for an additional three year term.
','
. to.....
The rental"";':;
!
7
rate for the additional term shall be agreed upon by Lessor. 'and.', -~i
... ~. .,.......
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
10 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
I
ithe initial term, as to its intention to renew the lease.
"
'i
Ii
II
II lease on the date and year first above written.
"
I
I
15
16
IN WITNESS WHEREOF, the parties hereto have executed this
17
18
"LESSOR"
19
20
RObert Sedlak
21
22
Nancy Sedlak
23
"LESSEE"
24
CITY OF SAN BERNARDINO
25
ATTEST:
26
By
Hayor
27
City Clerk
Approved as to form:
28
City Attorney
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fLt'OF>
FLAN
.Landlord-; prior. to occupancy:
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A. . WIll install 12'6"'o~ 10' high"2' x 4' stud, partition with,~" drywall
0,," each. side vith a pas'sage door from large area l!'co'private office.
B; Will in$call 25. fee1i of 10 .ft. high 2.' x 4' stud partition with ~II
dryvall.'on each side with a passage door. . This will-make two.'large
classrooms in the sout:h wing of the huild1.ng.
. .(\
C. Will install approximately 900 yards"of co~ercia~. graoe ca~pet in d~-
slgnated areas. .
.
D. will make certain all' lighting, pfum~ing, heating and air conditioning
Is in good w9rking o~der at time of occupancy.
.
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FIRST A,!'lEl-lDlIENT TO LE1\SE
2 THIS FIRST AllENDl1ENT TO LEASE is entered into between
3 ROBERT SEDLAK and NANCY SEDLAK, husband and wi fe, referred to as
4 "Lessor" collectively, and t!le CITY OF SAN BERNARDINO, a municipa
5 corporation, referred to as "Lessee".
6
The ?arties agree as follows:
7
1. Recitals.
8
(a) By Resolution No. 80-253, adopted June l6, 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.
12
(b) The parties desire to amend the lease to redefine
13 the obligations of the parties to maintain the air conditioning,
14 pluIT~ing, heating and electrical fixtures, and to eliminate
15 the provision which provides for termination with sixty days
16 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 \'lindm"s, doors, and sidel'lalks,
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 respect to exterior \'lalls and roofs shall be
'F'VlllnlT
<f2(,-~-^-t- '2" ~iJL-,4l,-_
ROBERT SEDLl\,~
'--" ~/' /
I // 'j "l '. . - :. .,..~ .('~l-//' ,,'
27 N~!~~Y 'S~D~AK' .f. .. ,;,. -
Apr,>roved as t~.9rJ,1: .-f
'9/ / /j rt/ bi"/. //'
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or I . ".:/
;/,~<>?'lI,City Attor.ney :;./
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limited to repair of damage not caused by Lessee, or by reason
2 of Lessee's occupancy. Lessee shall promotly 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 com2o~ents need replacing
8 the Lessor agrees to provide the component and labor to correct
9 the problem."
10
(b) Paragraph 22 of the agree~ent is amended to read:
11
"22. Termination - On the last day of the term, or sooner
12 termination, Lessee shall peaceably and quietly leave and yield to
13 Lessor the premises, together with the fixtures and appurtenances,
14 all in good order, condition and repair, reasonahle wear and tear
15 excepted. Lessee shall leave the premises and appurtenances free
and clear of rubbish and hroom clean. Lessee at its sole cost
16
17
shall repair any and all damage to the demised premises and to
18
Lessor's fixtures and appurtenances, resulting from Lessee's use
[9
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:
,).._(..; <-/
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24
"LESSORS"
j
"LESSEE"
25
26
23
JI,TTEST:
City Clerk