HomeMy WebLinkAbout2019/01/23 BOAA Agenda Packet�IIIG
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Board of Appeals & Advisors ^�
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SPECIAL MEETING OF THE BOARD OF APPEALS & ADVISORS
OF THE CITY OF CHULA VISTA
January 23, 2019 Executive Conference Room 103
5:15 p.m. Public Service Bldg "A"
276 Fourth Ave., Chula Vista
CALL TO ORDER
ROLL CALL: Chat Doric Committee Members: Cambs and Sclafard
CONSENT CALENDAR
The BaamNC ustrad ion will enact the Consent Calendar staff recommendations by one
motion, without discussion, urdus a Board/Commies ser Member, a member of the public, or
staff requests that an Item be removed for discussion. Ij'you wish to peak on one of these
items, please j ll out a "Request to Speak" form and submit it to the Secretary prior to the
meeting. Items pulled from the Consent Calendar will be discussed Immedlateiy following
the Comen(Calendar.
1. Approval ofx4mutes: December l0, 2018
Staff recommendation. Board approves the minutes.
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Board/Commission on any
subject matter within the th ard/Commisoon'sjurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Board/Cammission from discussing or taking
action on any issue not included on the agenda, but, if appropriate, the BoaracCommisslon
may schedule the topic for future discussion or refer the matter to staff Comments are
limited to three minutes.
ACTION ITEMS
The Bente) listed in this section of the agenda will be considered Individually by the
Board/Commission and are peered to clear discussion and deliberation. If you wish to
speak on any treat please fill out a "Request to Speak" form and submit it to the Secretary
prior to the meeting.
2. Appeal ofa Notice and Order to Vacate, 1161 Third Avenue, Chula Vista, California.
3. Appeal of a Notice and Order to Vacate, 1283 Third Avenue, Chola Vista, California.
OTHER BUSINESS
4. STAFPCOMMENTS
5. CHAIR'S CONA4ENTS
6. C0SPTlSSI0NERSYB0AR1)MEMBERS'C0M TS
ADJOURNMENT to the regular mewing on Feleaery 11, 2019 in Development Services
ConfemnceRoom 137 China Vdsta, Colloquies.
Materialspeavided m the Board rAppeals & Advisors related m any opensesslon Item on this
agenda are avallablefor public review In the Public Service Bldg$ Front Counter Reception
area, during normal business hours
In compliance with the
AMBRIC4NS "THDISABILITI£,4ACT
The City of Chula Vista requests Individuals who require special accommodations to aocevs,
attend, and/or parricipate in a City meeting, activity, or service, contact the Human Resources
Departments at (619) 691-5041 (California Relay Service is available for the hearing impaired by
dialing 711) at least forty-eight hours in advance of the meeting.
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Page 2 1 Board of Appends & Advisors Agenda January 23, 2019
MINUTES OF A REGULAR MEETING OF TEE
BOARD OF APPEALS so ADVISORS
OF THE CITY OF CHULA VISTA
Deeember 10, 2018 5AS p.m.
A Regular Meeting of the Board of Appeals to Advisors of the City of Chula Vista was called In
color at 5:15 p.m. in Conference Room 137, located at Public Service Bldg "B", Chula Vista,
California.
ROLL CALL
PRESENT: Chair Doria, Combs, and Salomon
ABSENT: None
Building Official EI-Khazen noted Member Sanfilippo had termed
out and formally retired ftnm the board.
ALSO PRESENT: Lou EI-Khaeen, Building Official, Carol Tonjillq Deputy City
Attorney, Megan McClurg, Deputy City Attorney, and Secretary
Rice
CONSENT CALENDAR
1. Appmval0fMinutes:October8,2018
Stafftecommendam n: Board approves the minutes.
ACTION: Member Combs moved to approve stuffs recommendations and offered Consent
Calendar item 1. Member Sclamni seconded the motion, and it carded 3-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
None
ACTION ITEMS
2. Consideration of the Findings and Decision on the Appeal of a Notice and Order to
Vacate, 3149 Main Street, Chula Vale, CA, as an Unsafe Building and a Public
Nuisance, which the Board denied on October 8, 2018 and upheld dte Building Official's
recommendation; if approved, directing Chair Jose Doris to execute same.
Page I I Board of Appeals so Advoors Mioutts December 10, 2018
No
djourned the meeting to a Special Meeting on January 23, 2019 at
5:15 p.m. In Confencc Room 137 located at Public Service Bldg "B", 276 Fomth Avenue,
Chula Vista, California.
Rosemarie Rice, Seofelary
Page 31 Board of Appeals& Advisors Min acs Hain o10, 2018
Hoard of Appeals and Advisors
= p2
Meeting Date: 01-23-2019
Subject: Appeal of Notice and Order to Vacate; 1161 Third Avenue,
Submitted BY: Lou Fl-Idsai , Building Official/Code Enforcement Manager
Justin Gipson, Fite Division Chief/fire Marshal
SUMMARY
The "Chula Vista Exotics" is an illegal cannabis business located at 1161'1'red Avenue (the
'Property`). The illegal business contains uupermitod construction alterations including but not
limited to interior walls, electrical. doorways, and an Lnpermincd use resulting in an unsafe
building as it is improperly occupied, has inadequate egress, is a potential foe hazard, is being
aintainedis a public nuisance, card is otherwise dangerous to home,, life Since August 2017,
staff has been raking entertainment action against the business and property owner to stop the
illegal business and restore the property in its original status. "I he business and property Owner
have ignored the navy legal notices issued to them and continue to operate with disregard to
local and State rules and regulations. The City issued a Notice and Order to Vacate, which is
appealed to the Board.
RECOMMENDATION
That the Board of Appeals and Advisors deny the business tenant's appeal of the NOTICE AND
ORDER TO VACATE and uphold the Building I)Dieial's and Fire Marshal's determination that
die building at 1161 Third luraw is castle and is being maintained as a public nuisance as an
unlawful cannabis business.
DISCUSSION
As mandated by the Chula View Municipal Code, any and all tenant improvements conducted on
buildings within the City are subject to the permitting process and inspections under CVMC
15.06.O80 (Permits) and CVMC 15.06. 100 (Inspections). Tenant improvements must N
inspected mrd approved by City Building Inspectors and City Etre Officials,
I lie building on the Property has undergone tenant improvements including but not limned to the
instruction of interior walls and doors. The tenant improvements have not been permitted by
the City of Chula Vista and cannot be permitted by the City because of the illegal use of the
building as a cannabis business. Up until December 12, 2018, the City of Chula Vista prohibited
all cannabis businesses pursuant to Chula Vista Municipal Code (CVMC) 5.66.020. Beginning
on December 12, 2018, CVMC 5.19 permits limited eommerciel cannabis activity in the City by
businesses who are dually licensed by both the State of California and the City of Chula Vista.
However, no licenses have yet been issued by the City of Chula Vista, and the City does not
anticipate issuing any licenses until latw in 2019. As a result, NI commercial cannabis s wiry
remains prohibited in the City of Chula Piss
The most recent approved pcmmits were no -cm off, utilities in a shed as well as in a batbromn at
the property in 2016, permit record 816-0338 and 816014, respectively. The only other
approved permit was he replace an exterior staircase in 1993, permit record 893-0142.
Coselfisna
1. On August 15, 2017, staff received a complaint from the Chula Vista Police Experiment
mgazding an illegal cannabis business operating at the Postpone Officer Padilla shove by
and observed signage inductive to a cannabis business (green cross, 24 hours, blacked
out windows surrounded by green lights). Officer Padilla took photos of the exterior of
the property (Exhibit 1).
2. On August 16, 2017, Officer Padilla researched the cannabis besinese locator using
website wwwweadnaos u m and found a strategies business advertising usel f at"Chula
Vista Exotics" with an address of 11613'" Avenue Chula Vista (Exhibit 2). A code
MfDm ment case was opened for the uniformities business and another one for the
unperntitted signage.
3. Flom August 16, 2017 to December 12, 2017, a warning along with several citations
were nsxiedto the property owner and business for ampersands signage. The signage
was reserved by Ianeary26, 2018 and no fintlner citations regarding signage were issued
against the property.
4. On September 18, 2017, swum law rnibreanent personnel conducted an audercover
purchase of cannabis from a business identifying itself as Chula Vista Exotics at the
Property.
5. On September 19, 2017, Officer Padilla drafted a Notice of Violation, Pending
Assessment of Administrative Civil Penalties & Intent to Rascal a Notice of Violation of
unlawful cannabis activity against the Property. This was analog to all interested parties
(Chula Vista Investments LLC located at 2142 Canta Course EI Cajon, CA and to Chula
Vista Exotics at the Property) by fret class mail. No appeal was received (Exhibit 3),
6. On October 23, 2017, Officer Padilla roceivad a call from Mr. Angelo Habib, member of
Chula Vista Investments, LLC asking about issued citations and what is needed to take
place to step them. He said his lawyer is working on having the tenanla removed.
Officer Padilla advised him to shut down the munabis business, bounce me signage and
have his lawyer contact the Deputy City Attorney. Officer Padilla provided Mc Habib
with the Deputy City Anamey's phone number.
9. On December 19, 2019, scour law enforcement personnel conducted an undercover
purchase of candidate from a business identifying itself as Chula Vista Exotics at the
Property.
8. Do December 20, 2017, Officer Padilla prepared a Civil Penalty Notice and Order against
Em Iumcrty. This was mailed out firet does and cunifi l mail to all interested parties
(Chula Vista Investments, LLC, Chula Vista Exotics said to the Loan company of San
Diego). No appeal was received (Exhibit 4).
9. On April 3, 2018, sworn law enforcement personnel conducted an undercover purchase
of cannabis from a business identifying itself as Chula Vista Exotica at the Property.
10. On lune 13, 2018, an inspection of the Property was conducted by a City of Chula Vista
hhvestigatooluspector. The Aire luvestigatodhnspector noted several cede violations
including the presence of unpeurited magnetic loathing doors, missing signage, and
general building without permit violations (Exhibit 5).
11. On October 31. 2018, Officer Catacumn wants and mailed out an inspection accurst by
first Class mail to the Property.
12. On November 8, 2018, a check on title avoided the Property was quimlaimed on
September 14, 2018 from Chula Vista Investments, LLC to PON 198 Inc. Abusines
entity check showed The Agent for Service of Process as Todd Abbot address of2134
Olympic Parkway Suite 250 Number 348. Tiwt same day Officer Padilla, Officer Bruce
and Senior Officer Chairman visited the Property. Upon entering, Officer Padilla
observed a lobby oma with interior walls and windows. People behind the window were
speaking with arriving patrons. Them was another door leading into a mom which
allowed patrons access. This doorbad magnetic locks on it.
13. tfi November 9, 2018, a Notice of Violation and Pending Assessment ofAdminismative
Civil Penalties for construction without entrant or inspections was mailed out to all
intebosted parties (PON198INC, Chula Vista Investments, LLC and to the Propety) by
first class and certified mail (Exhibit 6).
14. On December 20, 2018, Officers Padilla and Brucerammed to the Property to post a
Notice and Order to Vacate on the entrance door. The Notice and Order to Vacate
provided ten (10) days to vacate the premises at the Property. Upon entering, Officar
Padilla spoke with the security good on duty who was sluing behind a Plexiglas window
inside ihclobby and advised him ofthe posting. The building violations remand.
Photos were talent, and copies attached as (Exhibit 7).
15. On December 26, 2018, an appeal was received by mail from the Law Offices of Michael
E. Crunch for the Notice and Order to Vacate dated December 20, 2018. (Exhibit id
16. On January 9, 2019, using the Marijuana Business location website,
wWw.weedmvscompared!
con staffthat 1161 Third Avenue is still housed a cannabis
business known
as "Chula Vista Exotics".
Copy ofscrmarat of Wend maps on 1-9-19. (Exhibit 9)
Applicable Codes and Population
The following are codes and regulations applicable we this case
1. Chula Vista Municipal Code (CWC) 1.30 authorizes the City Manager to establish a
procedure for tithe abatementola nuisance.
2. Pursuant to CVMC 130020, the `city abatement officers shall be the city officer for
enforcement of the city ordinances bang violated and who initially dechrow said violation or be
apublicumence,
3. CVMC1.30.o40 states whenever a public nuisance is declared; it maybe abated in accordance
with the municipal code.
4. CWC 15 06 060(E) states: "Occupancy Violations. When a building or structure orbuilding
service, equipment regulated by this chapter and the technical codas is being used script to the
provisions of this chapter and the technical codes, the Building Oflinal may order such use
discontinued by written notice served on any person causing such use to be continued_ Such
person shall discontinue fire use within the time prey bed by the Building Official alter receipt
of such notice to make the structure or portion thereof comply with the requirements of this
cbapter and the techaeat codes."
5. CVMC I5.0.060(K) states: "Cooperation of Other Official and Officers. The Building
Official may request, and shall receive, the assistance and cooperation of other officids and
employees so per as is required in the discharge of dotes required by this chapter, the ec hrdeal
codes or other City payment laws or ordinances,"
6. CVMC 15.06.065(D states: "Unsafe buildings, structures or appendages and building service
equipment are public nuisances and shut[ be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set forth in Chapter 15.18 CVMC" CVMC 15.18 is
the Abatement ofDangerous Buildings Code.
7. CVMC 15.06075 (Al states: "Unlawful Ads. It ahall be nuawful f r mly person to erect,
construct, alter, extend, repair, move, remove, demolish or occupy any building; Structure or
equipment regulated by this chapter and the technical codes, or cause same to be done, in conflict
with or in violation of any of the provisions of this chapter and the technical codes."
8. CVMC I506075(B) stated: Notice of Violation. The Building Official is authorized to serve
notice of violation or order on the person responsible for the erection, construction, alteration,
extension, repair, moving, removal, ter an the
to occupancy of a building or a permit in
violation of the sued under
t e provisions
chapter and th hapteriOr modes, ni in Nodes. of s police or
sedation issued under the provisions of this chapter he the technical odes. Such notice of
abatement
at order shall dimer the discontinuance of the illegal action or condition and the
abaternent oPthe violation"
9. CVMC 15.06 075(D) staid : "Violation Penalties. Anyperson who violation a provision of this
chapter or the technical odes or fails to comply with any of the requirements thereof or who
erects, onsnvets, alters orrepairs a buildingor etmeture in violation of the approved construction
documents or dtrcgive of the Building Official, or of a permit or reoffered issued under the
provisions of this chapter and the technical codes, shall be subject to penalties as prescribed by
law"
10. CVMC 15.06.115(A) Certification of Occupancy states: "Use or Occupancy. Buildings or
structures shall notbe used or occupied nor shall a change in the existing ocopaney
classification of a building or structure or portion thereof be made until the Building Official has
issued a con ifieate of occupancy."
11. California Civil Code: Section 3491 authorizes abatement as a remedy against a public
nuisance. Section 3494 of the Civil Code authorizes u public body or officer to abate public
rrubarnce
12. CVMC 5,66.020. 5.19 030, and 519 280. Up until Deeemhe 12, 2018, CVMC chapter 5.66
as the only municipal ode chapter addressing commercial marijuana activity in the City of
Chula Vista. CVMC 5 66.020 read: "Commercial marijuana activity is prohibited in the City of
Chula Vista, and no person or association of persons, however farmed, Shall operate, perform,
participate In or locate a commereial marijuana activity in the City. The City shall not issue,
approve, or great any permit, license or other bafflement for the establishment or operation of
commercial marijuana activity in the City of Chula Vista." On December 12, 2018, CVMC
chapter 5.19 went into effect and created a licensing and regulatory structure for the operation of
marijuana businesses in the City. CVMC5.14030 permits limited commercial cannabis activity
within the City by businesses who have obtained both State and City licenses authorizing such
activity. CVMC 5.19.2801 states: "it is ualawfal to (1) Operate, conduct, or direct
Commercial Cannabis Activity in the City without a valid City License authorizing such
Activity— .(3) Use any parcel or any portion of parcel of land as a Commercial Cannabis Nosiness
without a valid City Licesse_.(4) "Lease, rent to, or otherwise allow a Commercial Cannabis
Business to oeeupyanymucel rrportion rfpareel of land in the city without a valid City License."
No such City licenses have been issued to date, the business operating in Ne building at the
Property is therefore prohibited.
CONCLUSION
The building at the property is currently being used as an illegal business, contains unpermltted
instruction alterations, is bring maintained as a public nuisance, and is otherwise dangerous to
human life. The business and Property owners have ignored the Nrtims issued W them. As a
result, City staff respectfully recommend that the Board of Appeals and Advisors deny the
alleged Property tenant's appeal of the Notice and Order W vacate and uphold the Building
Official's and Fire Marshal's determination that the building at 1161 Third Avenue is improperly
occupied, is unsafe, and is being maintained as a public nuisance as an unlawful cannabis
business.
Exhibit 1
Exhibit 2
Chula Vista Exotics 2411=s -Chula Vista, CA - hevlews- Menu -Phows M foam... pa, 1ofS
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Address
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Gula Visa CA; 91911
Phone
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email
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Exhibit 3
\1t//
CODE RNFORCRNIENT DIWSTON
C"OF DEVELOPMENTSERVICES DF.PARTIvTvfT
CHULAVISTA 276F0=1AVPIFOE, MS 200, CIRTA VISTA, CA 91910
PTTONFNO (610)691 5?RO PAXNO 1fi I915R5_CfiRI
NOTICE OF VIOLATION,
PENDING ASSESSMENT OFADMINISTRATIVE CIVIL
PENALTIES & INTENT TO RECORD A NOTICE OF
VIOLATION
Itotiw Date. Sep 1$ 2119 1 Violation Date: Sep 142017 Case Norther: Cil 0643
Violation Address:
11613rd Avenue
APN: 629-191-02-00
Chula Vista, CA 91911
Responsible Paries:
Chula Vistalnvestmerts, LLCAChifamia Limited Liability Company
Chu12142 Cants Lomas EI Cabe, CA 92019-3622
TS#
TS#
You are hereby notified of the following violation(s) of Municipal Cade Secfion(s):
Commercial man'uana activity prohibited (566020 CVMC)
Description of Violation:
Operation of a Commercial marijuana dispensary at the properly.
COmments/COrreefive Acdon(s):
Abate commercial marijuana activity at the prcperiv. This is the fast offense within one Year
on the same properly.
The above violationfs) must be corrected by October 3 2017. The city will conduct a reinspection after
that date. If the violation(s) has (have) not been corrected by date shaven above the foilowmg actions may
Aoessmept ofAdmmistraHire Civil Penalties
Administrative Civil Penalties may be assessed at a rate of pp to $2,500 per day, per violation; for any related
scai�s of violations Penalties may be assessed for each Vudividual code section violated and may accrue daily
until the violation is corrected as authorized by CVMC 1.41.110.
llm accrual date fpr Civil Penalties subject to this notice and order is September 19.2017. Failure to comply
may result in the assessment of higher moraines.
Page 1 of
To avoid Assessment of Civil Penalties, you must make all corrections an or before October 32019. If
corrections include plan submittal, you will not be charged for the days fire plans are in plan check, but yon will
be changed for all other days the property remains as vim fin.
NO EXPECT ON OTHER ENTORC9MANT ACTIONS
This Notice of During Assessment of AdmiMa alive Civil penalties represents a separate and distinct
enforcement action against the property. It is m addition many previous enforcement or cost recovery action.
this Notice of Pending Assessment of Administrative Civil penalties does not negate or replace any previous
fee infirmity assessed against the property, nor does it extend or modify any previous compliance deadline.
Notice of Violation Recordation
This notice will be recorded against your property's fitie in the records of San Diego County and will not be
removed until the violation(s) hated above Inge (has) been interred real all fees, fives, isometrics and costs have
Sm paid as authorized by CVMC 1.41.040.
As the property ownx/lendertimic holder of the above-desmibed property, you have the right to object to the
recording of the Notice of Violation. Your objection most be m Aching, be accompanied by a $400 deposit
hearing per, and be received by the Code Enforcememt Division at 276 XouNr Avenue, Me 200, Chula Vista,
CA 91910 by October 3.201 7. Please state in your aaached Request for Hearing form the factual evidence you
feel will demonstrate why a violation of the Chula Vista Municipal Code has not bean committed as outlined
above and, therefore, the recordation should not be completed.
You obj eating will afford you the right to a hearing, at which time you may present yon, evidence to an
unpartial hearing esarmer. You will be notified efthe date, time and location ofthe hearing.
hthe Hearing Examinee rules first the Notice of Violation shall not be recorded, a clearance letter and copy of
the bring will be mailed to the property cwnm/lender/ti®holder A refund ofdhe deposit will also be mated to
the party who paid the deposit.
Ifine hearing exual em obscureness the property is, in fact in violation, or if the owner / lendadliw holder of the
property described above falls to inform this department of tribes objection m recording the Notice of
violation within thea sive-described time, the Development Services Department will record allotice of
Violation with the county recorder. This Notice ofViolation, when recorded, shall be coustmctive notice of the
ve0lation(s) to AT suceessorson-interest in such perfectly.
Note: If the appeal is denied, the mvueviendm/hm holder will be responsible for full cost of the beaming,
i edho ug erreperation and stafftiree. Thievery somme additietmt momes to lee paid to the city,
Case the Notice of Vimatien has been recorded, no building permit or other development permit shot be issued
M fiutlhcr develop sold property mless/mtil these has beam full comphamce with the Chula Vista Municipal
Code and any other applicable codes. The Notice of Violation will remain recorded against the property until
Ne payment of u0 fees, penalties and cons. The city may still use fimher enforcement action to bring the
property into compEance after the Notice of Violation has been recorded.
You will be responsible for payment of $200 to the City of Chula Vista to have the recordation removed.
In addition, the owner/le bler/hm holder prM he responsible for any and all additional staff time and
direct and indnect costs of enforcement, remediafion and /or abatement of the violatiom(s) per CVMC
Page 2 of3
1.41.140. If the costa are not paid, the city may seek payment by placing a lien against the property or by
assessing the casts in the same manner as municipal tames.
To schedule a compliance inspection appointment or if you have questions regarding this notice, please contact
Code Enforcement Officer Daniel Padilla at (619) 407-3553.
Daniel Padilla D w. k sPmkk L
Code Enforcement Officer
Atteclmrent(s): Requatforfreuring Form
Snfneement Remedies
Chula Vista Municipal Code Chapter 15.66,020
cc: The loan Company of San Diego
Chula Vista Exotics
Pace of
\inAli•
CHPLAVISlA Development Services Department
Cade Enforcement Division
REiLEST FOR ADMINISTRATWEH (APPEAL)
You may request a hearing to contest the proposed coaegive action on the property shown below
(CV IC1.40.020). Please fill out the information repeated below and deliver this form DO me
Department of Development Serviees, City a[CLula P h, 296 Fourth Ave., MS•1320q Chula trade,CA 91910 before 3:ASpm on or before his date: 10.3-17
*You must pay a deposit amoude Of 400 at thetime yourequest a hearing.
Appellantlmhountiou(Property Owner or Reeponsible Party):
from Name Slgvahre Date
Daytime Phone:(_)
Case Number: C17-0643 Anil: 519-171-02-00
Violation Address: 1161 3HAveme Chula VideoCA 9191,
CorreGive Actioa(s) under appeal Noticeofrnt t C" P 1'
Cade Enforcement Officer: .Padilla Phone Number:(619407_3553
Reandoes)for naming: Please be sperlpa You may attach additional numbered pages.
Failureto request a hearing by the data indicated shall waive your right to appeal add couteatthe listed
action. This fors is provided for yourconvenieace to file an appeal.
arfyour appeal is upheld ycurdepodit will be refunded lfyour appeal is domedyour deposit will be
credited toward rhe amount owed to the city. Additional costs may be assessed for hearing preparation,
wtlficatlon and appearance should your appeal be denied.
Failure to pay a debt to the city may result To the placement of a Lou on aims property.
TMampnande Own Rmearmns wiM DhsidlZM esAtt
a o a Chad nsa, n mmplan w e - pie (ADA), a lEddin6 w
in a
f="A[hors lna NII Ana6reaa9s aSad fie EayuCeereee/o¢"U'dleJ r,wUaaand aafePs.ry
rtemen[ a50aa sae( n - ad. earecmmrta,dat
276 FOURTH AVENUE. Mor 9-200. mLU VISTA. OULIFORNIq side
Exhibit 4
4.w CIVIL ?ENALTY NOTIG_ AND ORDER
(TI DEVELOPMENT SERVICES DEPARTMENT
CHUTA VISTA CODE ENFORCEMENT DIVISION
276 Fourth Avenue • Chula Vista *CA 51910
YOU ARE HEREBY NOTIFIED mat violations of the Chula Vista Municipal Code (..CVMC") remain on the
Jlcrerty idenDged below and you have been assessed civil penalties Pursuant to CVMC At 1.41,110. You are
Miming to violate me law and are ORDERED to pay the amount set forth below. The property owner antl any
deer responsible paw" (such as a tenant) areJoinfly liable forpayment of civilpenalfler,
City Of Chula Vista Munlcieal coca I"CVMC") Section 1.41.110 provers for the Iscuance of civil penalties for violations of
fle Municipal Code. Penalties can be secured for as mush as $2,500 per tlay. Thepenaltlesareperviolatdn, perday
endare cumulative. concede soon be assessed the first day an offlcerobserved the violation, she last day he/she observetl
Devolution, and all days in between—whether observed by an Officer or not
ISSUANCE DATE:
PROPERTY LOCATION:
ASSESSORS PARCEL NO.
6191]1020
RESPONSIBLE PARTY:
Chula Vista Investments, LLC A California Limited Liability Company
MAILING ADDRESS: 2142 Cants Lomas
mentme: EI Cajon, CA — — — — —
Zip Ccda.920593622
CCeE BEciION VIOLATEDas carbide fV la[on __ ITP.
CVMC 5.66.020 — anav
Opem[10 ofa etlicalmarluanadlspensary $1500
�GY pr,"OLJSIe noti f�r" lampani9 IOMb 1 Y
Atl4atreb tl Notice `fneededAssessment of
Irs on192VYaur(al e
nb
F.Ityy DOP VN'iM1rl p,o sNotice has resulted'in the(oll0wing
I
ASSESSED CIVIL PENALTY—
YOtI MUST PAY
c nOLoTiOn Ltrn ��rs
_ TOTAL AMOUNT DUE
p 14 — Nov 29, 2017 ] — $1,50D $11550000 —� —
�I n odoroid add,tionalpenalties and fiarcGric,t a,t one1, LIt al11n -0V take the follewJ P eortec[Ihe
pWomd g dl3! IJacted ai,ove
Cease operation of the Med coln31 d r=a) —
RIGHTS TO APPEAL
You have O right to calendar
the days
it ialre Notice andOrder r, Fee Whin 14 oalentlar says fmm Ne care of the Civg Panalry
but pre
and
Order (30
oalentlar Plays ltyou are note CalRomia residenp. An appeal must be made in wrltingfo:
Code Enforcement oivisian
Services Department
SerDepartment
AD'TTN: Request to Appeal
City of Chula Vista
276 Fourth Avenue
Chola Vale, CA 91910
To appeal, YOU MU6Tq'30 SU6MITA DEPOSIT in life form of a personal check, casM1iefs check ormon
oust be submitted°on6"'heC bas re evn theryRenless the
Apan ppelal is Ineuess8hasesgInwhich case only 51,000
n a
heann eY order, made
are
g will follow Pe procetlures set fortM1 in Segion 1A0 050 of0e Chuealla Usta Muoicipall Cotle.
sul
an I
erob
9 will be schetluletl. The
`allure o! any
person to proPart
y file a wrltlen appeal gubmlt the re"
ulretl tlepaa@ within Ne above-sy[etl 14
lendar Playa Co I calenOrd of for ouLofahte resI on") shall collagist, a water of
Contact
me Cty's Colde Cutopenal rtyceNmernf hire
ian fforrmam Information et(618)6915280�. memonefa de
Your right to appeal the
N it
rY posit will be waived.
in "
HOW i0 PAY PENALTY
t heamount of
IM1e order arm here
ck in Ne hontof [ to Civil Penalty Notice and Orde¢ Paymentcan be matle b
Mata Public Sery aogcas^penalty isiBrsPaymenl maypelsostabb6 matle bf CM1ulan a Payment maybematle in
Person at byPersonal
CM1ula
y mail aotl adtlreazetl to Ne following:
City of Chula Vista
96 Fourth Avenue
Chula Vista, CA
Ann. Code ErrforcemeemenlONisiory Civil Penalty
It"e Penalty isnet thelorcontested witan 14 calendar Playa, assessment will be deemetl final aotl Plus as an assessment
@e hnwe to colrrectrhe violarory no� shall it herrammal of additional Iv payment. Payment of Mor penal shall not
penalties of funherenfonXment action nby theCityse
CONSEQUENCES OF FAILURE TO PAY THE PENALTY
debt payment an of Nis CS4 Penalty Notice and Order is net received within 46 days, the Cd) will record the remaird of
rs�debt as a taoron on Your property, as aufborlud by Caliromia Government Code Season 54968. Ygu mines
�stggl� The Giry has IM1e authority b collectall coe4 assoclatetl wRlr the filing Of
CONSEQUENCES OF FAILURE TO CORRECT VIO h
Ilyou nil he Correct the vian, Mother
listed on this Civil Penalty Nobce antl Order, Civil Penalties may continue t0
1119 op the City may initlefa[urMer enforcameotaclion Induding but no[fmiRtl to, abatement, criminal
ilipatipn, recording the violation ophvft the County Rebuff and terrarium of cerasin State 1C benefits for Substaccandard
ue, in
�Iaentialrental Prop" Theseopflonsempowerfhe City fo demolish sphri oris necessary Prosecution Subsan ill
pends, and fo incarcerere Nolebm. Any of these options or others available a the City may be used P compliance is not
amlavea. ryd if co altheowners
10 EFFECT ON OTHER ENFORCEMENT ACTIONS
IS Civil Penalty Notice and Order represents a separate and distinct enforcement action against
avo� sus enforcement or cast recovery action. This Civil Penalty Notice and Ober does not negate or replace any
fee Or penalty assessed against you, nor does it eAantl or motli an you It is in atldIton fo
NO lumber ry y previous compliance deadn e.
de Enforcement Division at (618) 691-5280, of the penalty, about the Violations and/or how to comply, please cell the
\\raw.
CAM Development p
CHULAVISTA p ant Services Department
Code Enforcement Dimi on
REQUEST FOR ApalinsTiAiNE HEARING (APPEAL
Yau may request a hearing to aoaest Ne proposed corrective aation on the property shaven below
(Cl/MC 1,40.020). Please fill outMe Nformatlonregmsted below and dellvarOtls Poem W the
Department Of Development Services, City of ChWa Vlsly, 2V6rourth Ave., M-11200, Ch Wa Viaa,
CA 91910 before 3:45 pm on or before Nis date: lanuCc 3 2018.
'Youmutpayadepositamcuotof 1.0000 at Nediceyourequestahenring.
Appellant Information CNoperty Owner u Respomble Partyy
Frim Name Srgnatme Date
Daytime Fhonc: (�
Cacc Number. ATN:
violation Address: _
Cortective Antlan(s) under appeal:
Code rarforcement Ofnca: Phoae Number611_
ReIrdirr )fir Fearing: Pleasebaspeaific_You may attach additional numbered pages.
Failure N reputed hearing by Ne date indicated shell waive your tight to appeal and contest the inter
acfion. This firm is provided forywr convenience to£Ie an appeal.
*If You appeal is upheld your deposit will be refiwded. Ifyour appeal is denied your deposit will be
credited toward the amount owed to the city, Additional cosh may be assessed for hearing preparation,
no ificatiel and appearance should your appeal be denied.
Failure to pay debt to he city may msuhn Ne placemam of a Hen on this property,
Lamp ossca with Ameticans with Olaabilitles A ct
na Co' w 6nva VIA, In mmalnence, es roe nmm aymeeeng emote Aeem Aro aro Nmnaumr wco revere s anal
Eb'Agbtsc"Oltivzn a ar macd9g advep,ys to aavanae%r amqu ''titin=s arvaase ron2ere CIN
ant can, sped'/dtat(srg) -52 a mry an _,
276 FOURi11AVENUE, M96200. CXVIA VISTA. r IFORNA pub
Exhibit 5
°N
CHULA TSTA Development Services Department -
Code £nfovicement Division
December 20, 2018
PON 198, Ina.,
A California Corporation
Todd M. Abbott
2127 Olympic Pkwy Ste 250 No 348
Chula Vista, CA 91915
NOTICE AND ORDER
DANGEROUS BUILDING
11613`° Avenue, Chula Visa CA 91911; APN: 619-171-02-00
Purvueal to Chula Vim Municipal Code C" CVMC,,) chapter, 15.06 and based upon
evidence that sperm fined construction and/or alterations exist, I have determined the
building at 1161 3'a Avenue, Chula Visau CA 91911, APN: 619-171-02-00, to be an
unsafe building as it is improperly occupied, has inadequate egress, is apotential fire
hazed, is being maintained as a public nuisance do violation of CVMC 5.66.020 and
CVMC 5.19 030 as an cumwfW marijuana business, and is otherwise dangerous to
human life.
'Ile building at 11613"Avenue, Chula Vista, CA 91911 must be vacated within tan (10)
dayslfy m fail to comply wimthis NOTICE AND ORDER, I may cause the building at
issue to be vacated, Seemed, and nwmtained against entry in accoedanns with all
applicable laws; the cost of said abatement may be levied and assessed against the
Property as a special assessment lion or billed directly to the property owner
Any person having a topped title or legal interestin the building may appeal this notice
and order or any action of the building Official to the Board of Appeals and Advisors,
Provided the appeal is made in writing Chad filed with the Building Bipedal at the address
listed below protein the extension marathon of days specified above requiring the
building to be vacated. Failure to appeal will constitute a waiver of all right m an
administrative hearing and determination of the matte,
Smcerely,
ou CBO, CASP
g OfficlaVCode Euforc eneut Manager
Development Services Department
P6Fou110 (o¢auq rM14tT Nrl¢CA 919ta Iwvnr.aM1v6vla a1 (619)69151. aeovso"o9
Exhibit 6
CODE ENFORCEMENT DIVISION
CITY OF Ly -N F,OPIvENT SERVICES DEPARTMENT
CHU(AV)$TA Pb FOURTH AVENT, MS 200, CHIILA VISTA, CA 91910
NOTICE OF VIOLATION,
PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL
PENALTIES
11613ciAvenge PON 198, INC a California Limited Liability Company
Chula Vista, CA 91911 Agent Por Scrvloe ofPmcess: Todd M. Abbott
2127 Olympic Parkway Suite 250, No 348
Chula Vista, CA 91915
Chula Vista Investments, LLC
2142 Cants Lomas
Yen are hereby notified of the [ollowing violatiov(s) of Municipal Codc Section(s):
CVMC 15 .06.080 Conshuction without X2111it and CVEIC 1506.100 fedure to obtain caved int eotions:
Description of Violation:
Entertained taent immevement { { d' 6 1' ed t h F' Il d tt d
utilities.
Comments/Corrective Actunds):
Remove precturriffedt ti d fl"
The above Antolini must be corrected by 11/23/2018. The city Pitt conduct a reinspection after that date.
If the violations) Tina (have) not been corrected by date shown about the fallowing mans may occur.
If box is chocked you must obtain a Recruit to restoreN tiliHinstructions
below.
A building permit applica ant and balding plans shall be submitted to the Building Division by NIA. A plan
check fee is required at the time of submittal. Ao investigation fee sift be charged. This investigation fee is an
additional amount equal to the pe rat fee.
In the event corrections to plans are required, the waected plans must be submitted to in, Building Division
within 10 days of notification of the required corrections,
Page f of 3
Upon approval of the plana you must pay the appropriate fres and obtain the building permit within 5 days of
rectification. All building construction work previously performed without a building permit must have an
inspection requested within 10 days of obtaining the permit. Any n cluired connections noted by the building
inspector must be completed and must have an inspection requested within 10 days of receipt of the conception
notice. If the construction project was completed without a pewit, then all inspections, including a final
inspection, must be obtained within the time frames identified above.
If you fail to comply with the schedule identified above, further enforcement action will be taken which
may resnit In the assessment of full cost recovery author other related fines or penalties as authorized by
CYNIC Section 1.41.060 which is attached to this notice. These charges win include al personnel costs for
titan spent conducting investigations, enforcement, and remediation or abatement of the violation as
described in CYNIC Section 1.41.140 which is attached W this notice. The City wID bill the responsible
patients) for Were corn, and B the costs are not paid, the city may seek payment by placing a Hen against
the property or by assessing the costs m the same Marren as municipal taxes. Contact the City Code
Enforcement Officer fisted below at (619) 40]-35531f you have any questions contenting this matter.
Afsessment ofAd i Cieff Penalties
YOU ARE I EREBY NOTIFIED that you are subject to Civil Penalties pursuantto CVMC § 1.41.110.
The property owner and any other reel o ldble parties as defined ire CVMC § 1.4.010 mejoiudy liable for
payment of Chad penalties. Any d penalties may be recordN fi i h
title.ropernorN
Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; Por any related
series of violations. Penalties may be assessed for each individual code section violated and may accrue dally
writ the violation is corrected as authorized by CVMC 1.41.110.
The accrual date far Civil Peaskiw subject to this notice and order is ll 8018. Failure to comply may result in
the assessment of higher penalties.
To avoid Assessment of CMI Penalties, you must make all corrections on or before 11 238.018. U
moectime include plan submittal, you will not be charged for the days the plans are in plan check, but you will
be charged for WI ether days the property remains in violation.
CORRECTIVE ACTIONS NEEDED:
Rwove all unowmncd' d ]-H
Penalty rates are established using the following baboon: duration of the violation; frequency of occurrence of
tlde or other violations during the period; seriousness, history and impact of We violation on surrounding
properties; gooa/bad faith effort towsrd compliance; the actions to hinder or interfere with correction and
financial ability of the responsible party to correct We violation. Civil Penalties maybe accrued mnoaars to the
date We violations were Wet discovered, as evidenced by the issuance of Notice of Violation pursuant to CVMC
§1.41.030.
NO EFFECT ON OTHER ENFORCEMENT ACTIONS
Page 2 of
This Notice of Perming Assessment of Administrative Civil Penalties represents a separate and distinct
e beau ent alien against the property. A is is addition to my previous enforcement or cast recovery, action.
This Notice of Pending Assessment of Admwstmlive Civil Penalties does not negate or replace any previous Pee
or penalty assessed against the property, nor does it extend or modify my previous compliance deadline.
In addition, the ove erdenalsa-Men holder will be responsible for any and au additional staff time and direct
and indirect costs of enforcement, remodiefion and /or abatement of the violation(s) per CVMC 1.41.140,
U the costs are rat paid, the city may seek payment by placing a hen against the property or by assessing
the costs in the same roamer as mmicipal taxes.
To schedule a compliance inspection appointment, or if you have questions regrading this north ,please contact
Code Enforcement Officer Daniel Paddle at (619) 409-3553.
Daniel Padilla
Coda Enforcement Officer
Attaclment(s): Enforcement Remedies
CVMC 15.05.080
CVMC 15.06.100
cc: Scott Fromeck
Page of 3
Exhibit 7
G'
Exhibit 8
MEC
LAW
LAW OFFICES OF=
b1ICHAELE CINDRICHAPC
December 26,2018
Sort via FedEx Onl
City of Chula Vista
Development Services Department
276 Fourth Avenue, MS B-200
Chula Vista, CA 91910
Re: REQUEST FOR ADMINISTRATIVE REARING (APPEAL);
BUILDWG ADDRESS: 11613"° AVENUE, CRILLA VISTA, CA 91911
Lou EI-%haun or To Whom It May Concern
Please be advised that the Law Office" of Michael E. CiudricIC APC, bas been retained as legal
Counselfor Appellant CIII VISTA EXOTICS, having legal interest of and as the tenaut of the
property located at 116130 Avenue, Chain Vista, CallLrnu 91911, APM 619-171-02-W.
This Inver will hereby conium the Appellam's appeal of the original "Notice and Order" dated
December 20, 2018 (attached for coherence) and Request for Administrative Searing.
If you have say questions or concerns regarding the above, please contact my office. Also, please
ba advised that all notices Bud commurdeadons an my client shoudd be sentm my office.
Sincerely,
LAW OFFICES OF
M CCHAEL&/CMRICIL APC
By: /
Envie Chev
Asseciate Attorney
Enclosure
P(619)262 -25001F(619)8199342 1225 Broadway, Suite 1400, Sae Diego, CA WIN [ www.MichaelCindrlrb.mm
Exhibit 9
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l91 bilS fax 1619; 691-40 111111111t,11
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CODE
COMPLIANCE REQUIRED
INITIAL
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ITEM k3
Board of Appeals and Advisors
Meeting Date.1 23 2019
Subject: Appeal a Nation aid Order to Vacate; 1283 Third Avenue.
Submitted By: Lou EI-Klvisn,Building Official/Code Enforcement Manager
.lama Gipson, Fire Division Cluef/Pira Marshal
SUMMARY.
The "Chula Vista Collective" is an illegal cannabis business located at 1283'1 hurt Ave. Ile
illegal husiness contains unpermined construction alterations including but not limited to interior
walls, electrical, doorways, and em unpermitted change of use resulting in an maafe building as it
is improperly occupied, has nual ttata egress, is a potential fire central, is being maintained as a
public nuisance, and is otherwise dangerous to human life. Since November 8, 2018, staff has
been taking enforcement action against tlm business and property owner to stop the illegal
business and restore the property to its original status. The business and property owner ignored
the many legal notices issued to them and continue to operate with disregard to Iced and State
Riles and regulations, The City issued a Notice and Order to Vacate which is appealed to the
Board.
RECOMMENDATION:
That the Board of Appeals and Advisers deny the business owner's4enantn appeal at the
No I ICF AND ORDER TO VACATE and uphold the Building Officials and Fire Marshal's
determination that the building at 1281 Third Ave is improperly occupied, is umearq and is being
maintained as a public nuisance as an unlawful cannabis business.
DISCUSSION
As mandated by the Chula Vista Mmucipal Code any and all tenant improvements conducted on
buildings within the city are subject to the remaining process as well as inspections under
CVMC 15.06,080: Permits, and CVMC 15.06.I00; Inspections. Tenant improvements must be
inspected and approved by City Building Inspectors and City Fite Officials.
The properly at 1283 "1 hind Ave hes undergone Opera improvements including but not limited to
the oonstal0mal of interior walls and doors. "this can't improvement has not been permjncd by
the City of Chula Vista and cannot be permitted by the City because of the illegal use of the
facility as a cannabis business. Chula Vista Municipal Code (CVMC) 5.66.020; Commercial
cannabis business prohibited, prohibits any mirrabiWmnnabis business in the City. Furthermore,
Chula Vista Municipal Code Chapter 5.19; Comments] Cannabis, prohibits commercial
cannabis businesses that are not issued City and State licenses minimizing the operation of a
cannabis business.
The most recent approved permits were to "cap off' dilitew in a shed as well as in a bathroom at
the property in 2016, cases 616-0338 and B16-014, respectively. The only other approved permit
was to replace an exterior staircase in 1993, Case 1393-0142.
Case HiNa v,
1. On November 8, 2018, Officers Bryce and Padilla went Inside ofthe Property and viewed
tenant impmvement including but not limited to construction of interior walls, electrical,
and doorways. Upon entering the building Officer Bruce was met with a strong odor
which based on his training and experience he believed the odor to be that of Catmabis.
2. Using the Cannabis Business location websim, www weedinme cots Officer Bruce found
Out 1283 Third Avenue housed a Cannabis Business with one business "Chula Vista
Collective". He obtained a copy of the San Diego County Assessor's record of 1283
Third Avenue. Viewing the record, he observed there were no permits for recent tenant
improvements. Officer Brow also checked the City of Chula Vista's building permit
cards. V living the words, he observed there were no permits for recent tenant
improvements. Officer From also obtained the Quit claim deed on the property. Bemuse
the Nnanl improvements were done without permits, Officer Bruce opened Cede
Tofomen ent Casa C18-0863_
Copy of -County Assessor's Record (Exhibit 1)
Copy of Quitclaim Deed (Exhibit 2)
3. On November 13, 2018, Officer Brucedrafted a Notice of Violation, Pending
Assessment of Adminintrative Civil Penalties and Intent to Record a Notice of Violation
for an nmpormated tenant improvement. Officer Bruce mailed the document to all
interested parties by first class mail (Property Owner Edema Maldonado located at 2021
Chardonnay Terrace and Martyr Financial LLC located at 2351 Via Capri in San Diego,
Ca.).
Copy of Notice of Violation, Pending Assessment of Administrative Civil Penalties, and
Intent to Record (Exhibit 3)
4. Also on November 13, 2018, Office Bruce received notification fonts the Chula Vista
Police Department that undercover officers successfully made purchases of cannabis at
she Chula Vista Collective at 1283 Third Avenue on November 8, 2018. Because the
location was operating a cannabis Business, which is not permitted to operate in the City
of Chula Vivra, Officer Bmec opened Code Enforcement Case C I g 0915. He drafted a
Notice of Violation, Pending Assessment of Administrative Civil Penalties and Intent to
Record a Notice of Violation for timermitted Commercial cannabis Activity. He also
drafted a Notice and Order to Abate Officer Brace mailed both documents to all
Interested parties by first class mail (Property Owner Elena Maldonado located at 2021
Chardonnay Terrace, Marren Financial LLC located at 2351 Via Capri in San Diego, Ca,
and Chula Vista Collective),
5. On November 15, 2018, Officer Bruce mailed a copy of theNotice o1' Violation, Pending
Assessment of Administrative Civil Penalties and Intent to Record a Notice of Violation
(C 18 0915) to the Chula Vista Collective business located at the Property.
6. On November 21, 2018, Officer Brace and Senior Code Enforcement Office Carriacou
conducted a walklMough of die building with Matt Shapira, attorney representing the
business. Officer Brucenoted the interior walls card doorways were all still in plaee.'fhe
electric magnetic locks were reanoved at the time of the inspection. Officer Bruce
obtained photographs during the inspection.
Copies of photographs (Exhibit 4)
7. On November 27, 2018, Officer Brace went to the property again and obtained
photographs showing the ounces was in operation again. Upon arriving at the accrued
door. Officer Bruce heard the sound of the magnetic locking mechanism engaging.
Officer Bruce attempted to open the door, however, was unsuccessful due to the lock
engaging.
8. On November 28, 2018, Officer Bruce rammed to the property to post a Notice and
Order to Vacate on the front door of the cannabis business at 1283 Third Avenue. lie also
posted a copy of the notice by US and certified mail to the property owner and all those
with recorded interests in the Property the Notice and Order to Vacate provided ten (10)
days to waste the premises. Upon arriving at the entrance door. Officer Bruce heard the
sound of the annietie locking mechanism engaging. Officer Bruce attempted to open the
door, now cvor, was unsuccessful dee to the lock engaging. The Notice confined an
most reel date so Officer Bruce mirrored the next day to post the Notice wish correct
dates. Officer Bruce obtained photographs during the posting.
Photographs from 11-28-I8 (Exhibit 5)
Cup) at Notice and Order to Vacate (Exhibit 6)
9. On November 28, 2018 Odicer Bruce also mailed a Fall Cost Recovery and a Civil
Peril) Notice & Order by US and certified mail to the Property owner and all those
with recorded interests in the Property.
Copy of Civil Penalty Notice a Order and Full Cost Recovery (Exhibit 7)
10. On November 29, 2018, Officer Bruce posted a Notice and Order to Vacate on the front
door of the emmabis business at 1283 Third Avenue and mailed a copy of ale notice by
US and certified mail to the property owner and all those with recorded Interests in the
property. The Notice and Order to Vacate provided can (10) days to vacate the premises.
Officer Bruce obtained photographs during the posting.
Copies Of Photographs (Exhibit 8)
11. On December 4, 2018 Officer Bruce received notification form the Chula Vista Police
Department that undercover officers successfully made purchases of Cannabis at the
Chula Vista Collcet,e at 1283 Third Avenue on December 3, 2018
12, On December 6, 2018 Nicholas Fehoko (fen mor per Commercial Lease agreement) filed
an appeal of the Notice and Order to Vacate and paid the appeal fee. Pehoko also
provided a copy of his lease agreement with Matter Financial LLC.
Copies of Appeal request and Lease Agreement (Exhibit 9)
13. On January 8, 2019, using the Cannabis Business location website, www ed
ummacom
Officer Bruce found that 1283 Third Avenue still housed a Cannabis Business with the
business "Chula Vista Collective'.
Capias ofscreenshot of Weed maps on 1-8-19. (Exhibit 10)
Applicable Codes and Regulations
The following are codes and regulations applicable to this case:
I. Chula Vista Municipal Code (CVMC1 1.30 authorizes the City Manager to establish a
procedure for the abatement of a nuisance
2. Pascal to CVMC 130.020, Elie "no abatement orflcer" shall be the city officer for
enforcement of the city ordinances being vielulad and who initially declares said violation to be
a public nuisance.
3. CVMC 1 30040 states whenever a public nuisance is declared; it may be abated is
accordance with the municipal code.
4. CVMC 15.06.060(lA states: "Occupancy Violations. When a building or structure o
huilding onsico equipment regulated by this chapter and the technical codes Is being used
couoary to the provisions ofthis chapter and the technical codes. the building Oficial may
order such use discontinued by wnden notice served on any person carving such use he be
continued. Such person shall discontinue the use within the time prescribed by the Building
Official man receipt of such notice to make Me structure or porion thereof comply with the
requhemems M'this chapter and the technical codes"
5. CVMC I5.06.060(K) states. "Cooperation of Other Official and Officers. The Building
Official may request, and shall receive, the assistance and cooperation of other officials and
employees so far as is required In the discharge of dines required by this chapter, the technical
codes or other city pertinent laws or ordinances "
6, CVMC 15.06.065ID) states: "Unsafe buildings, structures or appendages and building
service equipment are public nuisances and shall be abated by repair, rehabilitation, demolition
or removal in accmdonce with the procedures set mob in Chapter 15.18 CVMC" CVMC 15.18
is the Abatement of Dangerous Buildings Code,
7. CVMC 15 o6D75 (A) states: "Unlawful Acts. It shall be unlawful for any person to erect,
onsvua- ulter extend_ repair, move, remove, deuolish or occupy any building; structure or
equipment regulated by this chapter and the technical codes, or cause same to be done, in
eo i ict with or'm violation of any of the prosiness of this chapter and the technical codes."
8. CVMC 1505075(13) states. "Notice of Violation. 'fhc Building 011iclal Is authorized to
Serve a notice of violation m order on the person responsible for the erection, construction,
chemical, reduction, repair, movinn o oval, demolition occupancy of a building or
ft
a permit in violation ofthe provisions of rola chaplet and the technical codes, orin trial
Such of
s permit or notation
or valued s under the provisions of this chapter or the action
aides. Such
theab to violation or order shall dime the discontinuance of the illegal action or condition and
the abasement N tlnc violation"
9. CVMC 15.06.075ijDq states_ "Violation Penalties. Any person who violates a provision of this
chapter or the technical codes or fails m comply with any of the requirements thereof or who
circus, constructs, alters m rebels a building or creature in violation or the approved
construction documents or directive of the Building Ofllclal, or of a permit or certificate issued
under the provisions of this chapter and the technical codes, shall be suAlcet to penalties as
prexcri bad by law:'
10. CVMC 1506 1115 (A) Cavi I ication of Oeeupanestates: 'Use or Occupancy. Buildings or
structures shall not be used or occupied nor shall 4c . happe in the exlsthtg occupancy
classification of a building or stmcture or portion thereof he muco until the Building Official has
issued a Bort licate of occupancy,"
I1. California Civil Code: Section 3491 aulhorie s abatement as a remedy against a public
nuisance. Scetion 3494 of me Civil Cade authoriser a public body or officer to abate public
nuisance.
12. On May 16, 201], The City of Chula City Council amended and adopted chapter CVMC
5.66, Commercial Cannabis Activity, which prohibits commercial cannabis activity in the City
Of Chula Vista CVMC 5.66.020 reads: "Commorcial cannabis activity is prohibited In the City
of Chula Vista, and no person or association of persons, however formed, shall operate,
perform, participate in or locate a commercial camwbis activity in the City. The City shall not
issue approve. or grant any permit, license of other entitlement for the establishment or
operation of commercial canrwbis activity in the City of Chula Vista" On Marsh 16, 2018, City
Council adopted CVMC 5.19 which created a licensing and regulatory structure for the
operation of cannabis business In the City CVMC 5.1930 prohibits commercial cannabis
business or activity within the City unless the businesslactivity has a valid State and City
cannabis business licenses authorizing such business or acdvite The Promises at 1283 Told
Avenue are not licensed as a carmabis business by the City nor State.
Anachmei ts(FAi bits:
Exhibit 1. Copy of County Assessor's Record
Exl bit 2. Copy of Quitclaim Deed
Exhibit 3. Copy of Notice of Violation dated 11-13-18
Exhibit 4. Photographs firm Inspection on 11-21-18
Exhibit 5. Photographs from I1-28-18
Exhibit 6. Copy ofNoficc and Order ill Vacate dated 11-28-I8
Exhibit 7. Copy of Civil Penalty Notice& Order and Full Cost Recovery dated 11-28-18
Exhibit 8. Photographs ham 11-29-18
Exhibit 9. Copy ofAppeal Request and Lease Agreement
Exhibit 10. Copies of screenshot of Weed maps on 1-8-19
CONCLUSION,
The Properly is currently used as wr illegal business which contains intermitted consumption
alterations, an pnpermitted change of use, nrainlaincd as a public nuisance, and is otherwise
dangerme to human life. The business and property, owners have ignored the legal notices issued
to them- R is recommended that the Board of Appeals and Advisors deny the property tenant's
appeal ofthe NOTICE AND ORDER TO VACATE and uphold the Building Official's and Fire
Marshal's determination Nettie building at 1283 Mind Avenue is improperly occupied, is
unsafe, and is being maintained as a public nuisance as an unlaw&I cannabis business.
Exhibit I
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Exhibit 2
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DOC# 2015-0036804
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SA N DIEGOCOUNTY$78 RECORDER
FEES $]8000
assets,
PCOR. YES
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ASHIGI1INIOl
THE UNDERSIGNED GRAN$ORN) DECLARES)
DOCUMENTARY TRANSFER TAX 18$ INS W CITY TRANSFER TAX 19$0.00
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[ 1 aan9mmonwlval IX1CF&CINAenMUFANOem reln.mmea0mem..l..
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" Lew Proryrry Holtlirvy, LLC, a CalNsm1a Llml WbllNy cemryny
nxeny BRANDS) 0
ENna MaM°nala ll woman and,MARSER FINANCIAL LLC A CALIFORNIA LIMITED
be lollovme Jrtmnm now pmpeny he the Callym Ben Moss, alele d Call LIABILITY COMPANY each
See EMIG1•q•alpmmnert0enameEa a pun naM fp gmpmelpel moselbn t0 an enalviaea 505
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ORDER NO. SO143174e
EXHIBIT -A"
LOT 14 IN QUARTER SECTION 1130F CHULAVISTA, A SUBDMMON OF RANCHO BE U MACRON,
IN THE COUNTY OF SAN DIEGO, STATEOF CALIFORNIA, ACCORDING TO MAE THEREOF NO. 505,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MARCH 13, 180
EXCEPTING THE SOUTHERLY 158.00 FEET OF THE WESTERLY 330.00 FEET THEREOF.
"0 EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE SOUTHERLY 156.00 FEET OF ME
WESTERLY 330.00 FEET OF BARD LOT IN THENCE ALONG THE EASTERLY AND NORTHERLY LINES
THE FEW, NORTH 1S° 1B' 9"WEST, 19.00 FEET AND SOUTH71 V8' 05' WEST, 330.00 FEET TO
T HE INTERSECTION WITH THE WESTERLY LINE OF SAID LOT I TLAME NORTH IW 18' 53"MET
ALONGBMDWESTERLYUNEU,ODFEET:THENCENORLH7I°68'05"EASTPARALLELWRHTHE
SOUTHERLYLINE OF SMD LO 14ADISTANCE OF3M.00FEET W AN INTERSEMON MHTHE
EASTERLY LINE OF THE WESTERLY 330.00 FEET OF SAID LOT: THENCE NOUN TV 18-S3' WEST.
ALONG SAID EASTERLY LINE 6300 FEET MORE OR LEM TO THE INTERSECTION WITH THE
NORTHERLY LINE OF SND LOT 14: THENCE NORTH TV O' IS' EAST, ALONG SAID NORTHERLY
LINE 290.00 FEET, MORE OR LESS, TO THE NOUHEASTERLY CORNER OF SAID LOT 1C THENCE
SOLTH IS° f 8 41- EAST ALONG THE EASTERLY LINE OF SAID LOT 14A DISTANCE OF 49018 FEET
TO THESOUTHEASTERLT CORNER THEREOF, THENCE SOUTH TIVB' OS -WEST ALONG THE
SOUTHERLY LINE OPENS LOT 14A W VAME OF 49067 FEETTOTHE PONT OF BEGINNING,
EXCEPTING THEREFROM ONE-HALF OF ALL OIL AND MINERAL RIGHTS THEREIN, AS RESERVED
BY BEUM.IVES AND ME, INDEED RECORDED DECEMBER 51 1947r IN BOOK 2573, PAGE401 OF
OFFICIAL RECORDS,
"END Of LEGAL DESCRIPTION"
Exhibit
\�t11i
',^T^ CODE ENFORCEhIENTDIVISION
❑rvOF DEVELOPMENT SERVICES DEPARTMENT
CHUfAVISfA 216 FOURTH AVENUE, MS 200, CHULq VISTA, CA 91910
i7learwel
NOTICE OF VIOLATION,
6�N:619-2227-20-00
INGASSESSMENT OFADMINISTRATIVE CIVIL
NALTIES & INTENT TO RECORD A NOTICE OF
VIOLATION
11/13/2018 Violation Date (s: 11/8/2018 Case Number: CI8-0863
dress: Responsible Parties:
ve. Elena Maldonado
Ca. 91911 2021 Chazdaway, per.
Chula Vista Ca 91913
2-2000 Business Name: Chula Vista Copenlve
You are hereby notified of Inc following violation(s) of Municipal Code Section(s):
See Attachment "A"
Description of Violation:
See Attachment "A"
Comments/Corrective Aetion(s):
See Attachment "A"
The above violatimas) most be connected by 11-27-18. The city will conduct a re-iospecciou after that
dale. Tf the violations) has (have) not been corrected by date shown above the following actions may
Man
®If box is checked v st ohtain a oerm't t t tl/ tiGti
bemw.
A building permit application anal building plans shall be submitted to the Building Division by 11-27-18 .
A plan check fee is required at the time of submittal. An investigation fee will he charged. T as investigation
SC is an additional amount equal to the pemut fee.
Ia the event corrections to plans sm required, the corrected plans must be submitted as the Building Division
within 10 days of notification of the required connections.
Iden approval ofthe plans, you moat pay the appropriate fees and obtain the building permit within 5 days of
oadicatio r. All building construction work previously performed without a building. permit mast have on
inspection requested within 10 days of obtaining the permit Any required corrections noted by the building
inspector must be completed and must have an inspection requested within 10 days Of receipt of the correction
Page 1 of
notice. If the construction project was completed without a permit, including a final then all inspections,
th
inspection, must be obtained within e time fiames identified above.
wyou fail to campy with the schedule identified above, further enforcement action will be taken which
may result in the assessment of full coat recovery and/or other related fives or penalties as authorized by
CVMC Section 1.41.060 which is attached to this notice. These charges will include all personnel costs
for time spent conducting investigations, enforcement, and remediation or abatement of the violation as
dwerihed in CVMC Section 1.41.140 which is attached t0 this notice, The City will bill the responsible
fersomp) for these costs, and IT the costs are not paid, the city may seek payment by placing a lien against
the property or by assessing the costs in the same manner as mmiclpal taxes. Cannot the City Code
Enforcement Officer listed below at (619) 6910'280 hymn have aaygpestians concerning this matter.
LseSment ofAd Civil Penalties .
YOU ARE FIDE RF,RY NOTIFIED that you are subject to Civil Penalties porsumt [o CVMC § 1.41.110,
The Property owner and any other reepomible paffies ae dafwad m CVMC § 1.04.010 are jointy liable
as anks"
for payment of civil penalties. My assess d kite ratty be d d
Property's fidethe
Adminis cnfive Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for way related
Sides of violations. Penalties may be assessed for each individual code section violated and may acme daily
writ the vi obodmi is Corrected as authorized by CVMC 1.41.110.
ke accrual date for Civil Countries subjem to this notice and order is I3 MOIS. Forms to comply may raaWt
m the assessment offacber penalties.
To avoid Assessment of Civil Penalties, you must make all corrections on or before l /2018If
onecEons include plan submittal, you will notbe charged for the days Hteplans am in ,
Clear check, but you 71
_ kchazged far all ofher.days. the Property xemaivs in�iolatiom— — - _ _—
CORRECTIVE ACTIONS NEEDED:
See Attachment "x,
Penally rates are established using the kno awing criteria: duration of ties violator; frequency of ocnInCure of
he or other violations during the period; seriousness, moray and impact of the violation on amrrounding
pmpmties; good/bed faith effort toward compliance; fire actions to binder or interfere with Concoction,, and
font ial ability of We responsible parry to correct the violation. Civil ceramics may be formed Woreactive to
the date the violations were fast discovered, as evidenced by the ismeace of a Notice of Violation pursuant to
CVMC §1.41030,
NO EFFECT ON OTHER ENFORCEMENT ACTIONS
The Notion of Pending Assessment of Administrative Civil Penalties represents a separate and distinct
enforcement action against the property, It is in addition to any previous eufomement or post recovery action.
its Notice of Pending Assessment of Administrative C1viI Penalties does not ceremast o replace any previous
freer penalty assessed against the property, nor does it extend or modify any previous compliance deadline.
Page 2 of 4
Notice of Violation Recordation
RROlafions listed in the Notice of Violation dated 11/13/2018 are not corrected byl 132018, froDepartment
OfDevelopmeut Services will record the Notice of Violation against yaw property's 5tle with San Diego
Carry. ThisuoticewNbemwrdedagamstyourpmperty'stititm Cher Property's
Diego County and will
netbe removed uadl the violations) fisted above has (have) been 'or the
and all fees, lines, penalties and
costs have bear land as authorized by CVMC 1.41.040.
As the property ownevle cdou/lien holder of the above-described property, you have the right to abject to the
amcording of the "Oftee of Violation. Yow objection must be in writing, be accompanied by a $400 deposit
hearing fee, and be received by the Code Enforcement Division at 276 Pound Avenue, MS 200, Chula Verba,
CA 91910 by 11/2]/2018. Please state in your anached Request for Hearing form the fcural evidence you feel
WO dernomtrate why a violation of the Chula Vista Municipal Code has not been committed a madared above
and, therefore, the recordation shodd not completed.
Year objection coil[ afford yon the right to a hearing, at which time you may presem your evidence to an
impartial heanug examiner You will benotified ofthe date, time and location ofthe hearing.
Ifthe Hearing Eixhat rules that the Notices of Violation shop not be recorded, a clearance letter and copy of
the ruling will bewailed to the property ravocoleader/Beuholder. A refund ofthe deposit will also be mailed to
theparty who paid the deposit.
BNe hearing examiner determiws the Property is, iafrx, in Anterior, or if the owmr / lender/Hen holder ofd e
Property described above fila to inform this department ofhis/hu objection to recording the Notice of
Violation within the above-described time, the Development Services Department will record a Notice of
Violation with the cojurgyecuorder. This Notice aOf Viulation. when rersrded, shop be weastroadve nonce of the
nolation(s) to all successors -in -interest in sun property.
Nate If the appeal is denied, the ownarAendexdien holder will be responsible for Pull oast of the fencing,
wcludingpreparadonanddriffime. Thismayrequhe additiotralmotries to bepaidtothe city.
Onoe the Notice of Violation has been recorded, no building permit or other development permit snap be issued
io father develop said property m essenc til there has been fall compliance with the Chula Vista Municipal
Code. and any other applicable codes. the Notice of Victorian will remain recorded against the property until
the payment of 91 fees, penalties and costs. The city may all use father euforcentent action to bring the
property into compliance after the Notice of Violation Has been recorded.
You will be responsible for payment of $200 to th¢ City of Chula Vista to have the recordation removed,
h addition, the mmer/leaderNen holder cop] be responsible for any and an additional staff time and
direct and indirect costa of enforcement, remediation and /or abatement of the violation(s) per CVMC
1.41.140. If the costs are not paid, the city may seek payment by placing a Ben against the property or by
also sing the costs is the same manner as municipal tares.
To schedule a compliance mepeefn appointment, or if you have questions regarding this votive, please contact
Code Enforcement Officer Michael Bruce at (619) 409-3813.
Page 3 of
Michael Bruce
Code EutDruemmt Officer
AttachmentO: Request for Hearing Fo®
EufoxcerueatRemedies
Chula Vista Municipal Code Chapter B 06.080
Chula Vista Mnulcipal Code Chapter 15.06.100
ro. Msrcar Finacial LLC
2351 VIA CAPRFCT
LA JOLLA, CA 92037
Page 4 of
Attachment A
TO NOTICE OF VIOLATION
BUILDING W1T[IOUT A PERMIT
11-13-18
Re: 1283 nerd Ave, Cbrda Visle, CA919I IOoPN: 619-222_20-00)
Case#: C18-0863
Description of construction, location, and violation:
1. Unpermitted recast improvement, including but not Hanitad to, addition of interior
tre11s, utilises, road electric mag:etic Welts installed on doors.
&Jldiug without Permit CVMC 15.06.080
Required luspectioua CVMC 1506.100
CYmments/Corrective Action:
L Slanutphoo, obtainpermits mrd raquhedinspections 1n order to attemptto
legalize ties, ndelectin de sit,
to
ed revionarl
wells, utilises, and elearicrosppeticloclm evd resmrethesite to its previously
pemdtted cmrdisoa
Corrective retiooas mustbe completed by I1-27-18. Ihequved, submitplan coveetions
within 10 days ofootification. Uponissummofsnymdallpemdts,baveinspecfious
conducted every 10 days, including the bnal mspeofion and approval.
\yf/
CITY OF Development p
CHUtA VISTA p ent Services Department
Code Enforcement A'vision
REQUEST FOR AOMIMSTRI H (APPEAL)
You may request a hearing to contest the proposed attractive action on the property shown below
(CVMC 1.40.020). Please fill out Neirdormatim requested below and deliver this form to the
Department of Development Services, City of Chula Vista, 276 Foor[h Ave., PTS -11200, Chinn Vista,
C'A 9191(before 3:45 pm on or befora tmi dale: 1127-18.
*You must pay a deposit amomt of Pion at the time you request a hearing.
Appellant rofonnadon (Property Owner or Responsible Party):
Print Name -sigpmure Date
Daytime Phoney (_)_
Case Number: CHOW APN: 619-M-20-00
Violadou Address: 1283 TI hd Av
Corrective Amismes) under appeal phadincOfIrthemlitacard
Codalornmemeurpoplicer: M. Bruce — I'honcenumber: I1DodmIi3913— --- -----
Rea orrhY for Hearing Please be speelfio. You may atmch additional numbered pages
Failure to rndi a heating by the date indicated shall wave your right re appeal and contest the listed
action. This man is provided for your convenience to file an appeal.
*If your appeal is upheld your deposit will be rafmded.Ifyour appeal is denied your deposit will be
credited toward the amount owed to the city. Additional costs may be assessed for hearing preparation,
mtificat and appearance should your appeal be denied.
Failure to pay a debtor the city may resultm the placement of lien on this property.
.[Donna^Carm anlerrcaas with urmanNnme:an
Isou'ra° Chat, Woe, " amen"^ ®, a m. an: with nnaenmer` at (dead), Riag
m%,ee°^o fia""in"a°�P."i;.''mearta°sd an dap m ad...reroe :`peewee.eMwaandd^aewne,'lvieae � °`°roe`
r a^arrm seeemla It (619) - am °°°^aa°
276 PopRT1 AVENUE Me 8 200. CHULe Mare. fApFORNN 91910
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Exhibit
cm Develo ep
CHl11A A pment Servires D aztmenl
Code £vfmce nuoI DMwoa
November 28. 2018
Elerw Maldonado Marcer Financial LLC
2021 Chardonnay Ter, 2351 Via Capri
Chula Vista, Ca. 91913 La John, CA. 92037
NOTICE AND ORDER TO VACATE
1283 Third Ave, Chula Vista, CA 91911; APN: 619-222-20-00
Nnsuant to Chula Vista Municipal Code ("CVMC'� chapter 15.06 and that the building
bas tmpermitted cotmctiodalteratiom, I have determined the building at 1283 Third
Ave, Chula Vista, CA 91911, AFN: 619-222-20-00, to be an unsafe budding, as it has
imde tram egress, is apotential fire hated, is being maintained as apublic nuisance in
violation ofCVMC 5.66.020 as an unlawful marijuana business, and is otherwise
dangerous to human life.
The building at 1283 Third Ave, Chula Vista, CA 91911 must be vaoaled wiadn tan N0)
days. If you fail m comply with this NOTICE AND ORDER TO VACATE, I may cause
the building at issue to be vacated, secured, and maintained against entry in accordance
with all applicable laws; the cost of said abatement may be levied and assessed against
the property as aspecial assessment lien or billed directly to the property owner.
My person having arecord title or legal interest in the building may appeal this mtice
and order or any action of the building official to the Board of Appeals and Advisors,
provided the appeal is made in writing and filed with the Building Official at the address
listed below prior to the expiration of number of days specified above requning the
building to be vacated. Failure to appeal will comstitute a waiver of all right to an
administrative hearing and determination of the matter.
Sincerely,
pecom IN'( CASA
B ' mg =MciaVCode Evforcemeat Manager
evelopment Services Depamneat
276.Flw Ally Cell, ruts: CA MIA 1wew.mtl..uYagw1 61,691.3101 1 ("(gs)e-Sssv
VIVA
4
°T
CHUAA VISfA Development Services Department
Code Enforcement Division
REQUEST FOR ADMINISTRUATIVE R (A )
You may cull a hearing to (rvteatthe proposed colrecfive action on theproperty shown below
(CVIVC 1.40,020), please fill out rhe information requested below and deliver min firm to the
Department of Development Services, City of Chola Vista, 296 Fourth Ave., 513.11200, Chola Vista,
CA 91910 before 3:45 pm on or before this date: 12-13-I8.
*You must pay a deposit amount All at the time you request a hearing.
Appellant Information (Property Owner or Responsible Parry):
PrimName Slgoature Date
Mailing Address:
Daytime Phone:(_)
Case Number: CIS -0863 APN: 619-222-20-00
V iolation Addrese'. 1283 lhhd Ave
Carremiva AeOon(s) under appeal: Notice Ad Orderto Vacate
Code Enfimammt Ofticee M.11mce PhoneNmeber: C619)409-3813
Renson(s) for ilemivg: Please be specific, You may attach additional numbered pages.
Failure to request a hearing by the date indicated shall waive your right to appeal and contest the listed
action, Ipps forts is provided for your convenieDre to file an appeal.
*If your appeal is upheld your deposit will be refunded. If your appeal is denied your deposit will be
credited toward rhe amount owed m the city. Additional costs may be assessed for hearing preparadoq
notification and appearance should your appeal be denied,
Failure to pay a debt to the city may result in she placement of a lien on this property.
compliance with Americana Van Disabilities Act
The Canat Ve V6[a, h WAVorese with the Ametlm WIN, Deab,otes PR (ARA), take Ineosdaa6 w
stoo occ,moccourn At hew
pMrtemt loft h,adenre% emaeenngamfie hay,' In jdvato Arbreaulec seR anp ectAcca Kelm nnraa a 6h
E en ze n"We a (19) F . a
278 FOURTH AVENUE, ME b200 . CHULAVISTA• GHIFORNIA91910
Exhibit 7
\Vi
CIVIL PENALTY NOTIGc AND ORDER
un. OF DEVELOPMENT SERVICES DEPARTMENT
CHUTA VISTA CODE ENFORCEMENT DIVISION
276 Fourth Avenue • Chula Vista a CA 91910
YOUARE HEREBY NOTIFIED that violations of the Chola Vista Municipal Code ("CVMC^)
remain on me
property Itlen[itletl below antl you have been asaeasetl cNll penatlies pursuant [o CVMC § 1,p1.118.
You are
roMinuing to violate the law antl are ORD ERE D to pay the amount set fonh below. The property owner and any
0@errespOnsible Patlins (such as a tenant) arejoinHy/iable
Acrpayment o/clvll penalties.
C!y of Chula Vista unces[ Code 10 provides portae issuance oe ofcivil
aper d of
CA Municipal Code�Penalnes can be assessed for as much as $2,580
as vacant
Per ammarper
The penalties are per vlast da per day
and are cumulative. penanies
can be assessed the first da obs
observed the violation, the last day he/sae
Observed the violation, and all days in between—
whether Observed by
yen efficerar not.
ISSUANCE DATE: 11.28-18
ISSUING OFFICER'S NAME AND SIGNATURE: M. Bruce 5+o o
PROPERTY LOCATION:
1283 Th Ave.
Chula Vista, Ce. 81911
ASSESSOR'S PARCEL NO. 619.232"2800
RESPONSIBLE PARTY: Elena Maldonado Mason Financial LLC
MAILING ADDRESS: 2021 Chartlonnay Terrace 2951 Via Capri
Cancan te: Chula Vlsml CA as Jolla. CA.
Zlpeotle: 91913 92037
CODE SECTION VIOLATEpp scrip rY labor PEN 1NY OUNT
DAY
OWCte060a
513300
La.
prevlou ly register f Pe viol E O N vembe 9 2019. Y also 'vetl Nm
1 five Civl P hies on Navembor8. 2018. Your ( lure to comply Of Pentl ng Asvu sco ^nt Or
4 i 1Olson P nalry.
py w r b I ons. Notice has reached the
ASSESSED CIVIL PENALTY YOU MUST PAY —
raDn TOTgL AMOUNT pUE
11 13-18 to 11-28-18 sxifi n, $500.00uxr
$8,000 .00
tl 1 ta: h Yre n nm ( r t modl wly pk m following 1 p t correct the
in
ng d b
Cre
locks and educe
p tampeil d q dinspectionsm dot newpttnl L cW tsin t n ¢,
S h t amlLLted Occidental walls, utt e , and 1,
,Hc gl
ean
` u state
to ORR e unpr
Land sic to its Previously permtned Condmmn -- -' —
RIGHTS TO APPEAL
You have the Fight to appeal the Civil Penalty Notice and Osier within 14 calendar days from the data of the CIM Penalty
Notice and Order (39 calendar days if you are not a California residing. An appeal must be made in wring to:
Code Enforcement Division
Development Services Department
ATTN: Requestfo Appeal
City of Chula Veto
276 EouM Avenue
Chula Vista, CA 91910
TO appeal, YOU MUST ALSO SUBMIT A DEPOSIT in the form of a personal check, cashiers check Or money order,
mode out in an amount equal to the full amount of the penalty, unless the penalty Is in Excess of $1,000, in which case
only $1,000 must be submitted Once the City has received the Request t0 Appeal antl Deposit, a hearing will be
scheduled. The hearing will follow the procedures set On, in Section 1.40 050 of the Chula Vsta Municipal Cotle.
Faienfa of any Person to properly file a written appeal and submit the required deposit within the aters" abd 14
le dar days (30 calendar days for out-of-stafe residents) shall constitute a waive( of your right to appeal the
Issuance or the Civil Penalty Notice and Order. Note: If you queffy as an indigent, the monetary, deposit will be
served Conrad the City's Code Enforcement Di vision for bereihtOrmatim at(619)091-5200.
HOW TO PAY PENALTY
The amount of he penalty is Indicated on the front of this Civil Penalty hici and Omar. Payment can be made by
personalcheck, money of cashiers check made payable to City of Chula yet Paym
the Chula Vista Public Services EuOtling. Payant may be made in person at
ment may also be made by mail and addressed to the following:
276 Fourth
City OfA Vista
Avenue
Chula dCA 91910
Atm: Code
e Enforcemeceme
nt Division, Civil Penalty
If He penalty is not paid or contested within 14 Calendar tlays, assessment will be deemed final and due as
an
assessment Igen. Please follow me instructions to ensure proper processing of your payment Payment the penalty
shall not excuse me failure b corned the violation, nor shall it bar accrual or add tonal penalties Or further enforcement
anon by theuse
CONSEQUENCES OF FAILURE TO PAY THE PENALTY
If full Payment of this Civil Penal Notice and Order is not re9e'wed Albin 45 da the Ci
of
debt as a tax Igen on ye Penalty as Ys, ry 4918 record me remainder
acoaal the groo0awaproperty'neaaboe, he City hrminast Government Code Section 54988 You have Merightf
suchadmns. d The City has the authority fo colleU ell coats associated wm1 the filing of
CIf
SOPaFo IsLURiEo thCis
ORIR entity OrLA IONS
and Osier, Civil Penalties may
shelter.the City y !nitrate further enforcement din including but of limited to,abasement mincontinue
nsue [c aan,e. In
ution, civil
IAIg I' recon g the
h v Inti n with theCounty Reasoner d Diastole tore of (harder State tax benefits forsubstandard
residential al mortal Property
ropeMThese options empower the City to demolish structures or make necessary, repairs at the
deners expense, antl to Incarcerate violators. Any of these aprons Or others available as the City may be used if
Compiance is not achieved.
NO EFFECT ON OTHER ENFORCEMENT ACTIONS
This Civil Penalty Notice and Order represents a separate and distinct enforcement action against you: It Is in addition to
any Previous enforcement or Cost recovery action. Reis Civil Penalty Notice and Order does not negate or replace any
decade fee or Penalty assessed against you, nor does it extend or modify any previous Compliance deadline.
If you need former clarification about payment of the penalty, about the violations andlor how to Comply, please call One
Cure Enforcement Division at (619) 691-5280.
❑tY°P Development Services
CHUM VISTA P Department
Cade Enforcement Division
REgUEST FOR ADMINISTRpT H (ApPEALI
You may request a hearing to content the proposed corrective action ov the property shown below
(CVb1C 1.40.020). Pieria fill out the information requested below and deliver dill form to the
Department Ofbevelopment Services, City of choua Prsta, 296 Commit Ave., IMS -13200, Chola Y9sta,
CA91910bedue3:45pmworbeforethisdate 12-1018,
'You must pay 0deposit amount o1. 400 adthe time you request a beatlng.
Appellant lniormation(Property Owner or Responsible Parry):
Print Nose Signature Dath
Case Nmnber 18-0863 APN: 619-222-20-00
Violation Address: 128311fird Avenue
COrtective Astion(s)undn appeal: C'vill N &(Dfd
er
Code Enforcement Ofdem: MM Bmee Phone Number (619)409-3813
Reason(s) for Heading: Please be spwbic. You may attach additional numbered pages.
Failure to request a hearing "e date indicated shall waive your right to appeal add contest the lasted
non. This form is provided for your convenience to file an appeal.
4Ifyour appeal is upheld your deposit will be minded. if your appeal is denied your deposit will be
credind inward the amount awed to the city. Additienal costs may be assessed for hearing preparation,
notification and appeamvice should your appeal be denied.
Failum to pay debt to the city may result in the plaC®ent of a Gen on this property,
Consoien¢ whh Americans with pshiblu iffes AR
em or shun nista mm04anre rye mu - - el pDA), a - "Mm-
appl
ads1m`� �'ssPi%eIsms,
leromn191oeff"d1lance arhamedsem,, aa�v't , a 'e Jesse
rtmnfia eoenata)a e„ra a Jesse
90 FOURTH AVIR UE, M6 B1Po • CHULA VMTA• CALIFORdA9181v
\Mf
CHMAVISTA Development Services Department
Code Enforcement Division
Cost Recover Invoice
11-28-19
Elena. Maldonado Marcor Finzucial LLC
2021 Chardomay Ter. 2351 Via Capri
Chula Vista, Co, 91913 La lolls, CA. 92032
Idf: 1283 Third Ave; APN: 619-222-20-00; Cased CI8-0863
Tne City of Chula Vista Coda Po mement inspected the above-mfuenced property on 11-8-18.
The victorious) observed at that time were itemized in a notice of violation (NOV) dated 11-13-I8.
The NOV was mailed to theproperty Owner as shown onthe latest records ofthe County Assessor's
office.
The NOV advised that:
® Violations were to be concerted no fact than 11-22-18
® Plans wire to be submitted common all illegal construction removed no later than I1 -2J-18
If conceptions; TO plans were required, the corrected plans wine to be submitted to the Buiidiug.
Division within l0 days of notification of the required corrections. Upon approval of the plans, you
must Pay the appropriate fees and obtain the building permit within 5 days of no[ifirationAll
building construction work previously performed without abuildiug permit mutt have an iaspecdon
requested within 10 days of obtaining the permit. Any corrections noted by the building inspector
mast be completed and must have an inspection requested within 10 days of receipt Of the
correction notice. Ifthe construction project was completed without a permit, then all ivspectlons,
including a final inspection, must be obtained within the timotomies ideatlBed above.
However, your case was reviewed and/or reinspected on 11-28-18, revealing the following;
® The following violations have not been corrected:
1 Unpermitted tenant' t ' Ancormbuttatimmadto soldidoinfimpardo
walls routines. and elector mannan locks operated on doors. CVidC (15 06 080)
2 N h nd d I15 06 1001
® InitisVconected plans have not been submitted according to the above timm&ames.
® No pearch(s) Insolence been obtained.
®- nonferrous are not bei ng per{owed or requested according to the above timeframes.
As referenced To the NOV, the Chula Vista Municipal Code (CVMC) Section 1.41.140 authorizes
the City to charge for its costs inc and while enforcing, remediating, or abating violations of Nc
municipal code.
Since the violations have not been continued as required he the 11-g.18 NGV, sirs letter is the
invoice for City expenses insured to date while eNbmiug me CVMC. Theamouut ofcostrecovery
charges currently owed me Cry of Chula visor is $547 94 This is In addition to any other
Outstanding lines and penalties such as civil penalties cosan
report srmrm ^< d admirdstrztive citations. Atlachd is a
Mh incurred to date responding to violations of me munialpal code. This
notice is being mailed to all parties having a recorded interest in the property. Responsible parties
are jointly and sevempy liable for all costs.
A reinspection of no property and/or review of me case will be performed Oo or must 13.10-18 and
charges for the preparation and performance of the inspersion will be charged to you. Costs will
commue to be charged to the property rmlil the vlolafien has been corrected.
This
ll
be
the City Of Chula Vista by
Rublibi5ervices coun¢r,tocat d at 2 t Io ma Avenue, Ch
Ill
ba Vista, CA 91910.�The office is open
etween 9:00 a.m. and 4:00 pm., Monday tlaougb Thursday. If full payment of this bill is not
received within 45 days, me City wilt record the remainder of debtaint llolon yomproperty, as
authorized by California Government Code Secfion 54988. You have me right to appeal the
proposed lien as outlined below.
You have the right to appeal this tort recovery, The appeal must be filed within 14 calendar days
(30 calendar days if you are Out a.California reaidem) from me date of this letter. The appeal most
bo m writing on the attached Request for Homing to= and delivered to me Code Enfope,an,
Division. A deposit of 400 is required to process me Request for Hearing. Upon receipt of a
complete appeal, an adminimative hearing will be scheduled. You will be notified of the date,
time, and place Of the hearing at least 10 days in advance. The a
conducted in accordance with me dministralive h ' < will be
procedures set form CVMC 1.40050. If the appeal is upheld,
me deposit vnTl be xennved. Itthe appeal is denied, the deposit will be applied to the costs of the
hearing.
Failure to Me a written appeal within the above stated time
to a hearing, constltutes a waiver of your right
In the event that additional information's required, please call me at (619) 4093813.
�� '
Michael Hulce
Code Enforcement Officer
Atmcbments:
1. Request for Hearing Form
2. Cast Recovery Worksheet
3. Full Cost Recovery Estimate
4 Summwty of Code Enforcement Remedies
cc: Marler Finacnial LLC
A California Limited Liability Company
2351 VIA CAPRI CT
La Jolla, Ca. 92037
CHULAVISTA Development Services Department
Code Enforcement Dmisian
REQUEST FOR AOMINISTRAT H (APPEAL)
You may request a hearing re contest the proposed correctveaction on the property shown below
(CVIVIC 140.[20). Please Pill out the Information requested below and deliver Plus form to the
DepartmentofDevalopment Services, City afChWa Vote, 276 Fourth Ave., M&B200, Chola Vista,
CA 91910 before 3:45 pm cn or beforc this da1c: 12-10-18
*You must pay a depmitsmcuut of 400 at the time you oorUA a hearivg.
Appeuantrntmmatioa(Aoperty Owner allesponsibie Party):
Print Name Sigvanne Dete
Wailing Address:
Daytime Phone'.(._)
Caseonumbe. C18=0869 APN:619-222-20-00
Violation Address: 1283 mhd Avenue
Corrective Aetien(s)underappest C R Ta
Code Enforcement Officer : M.Bruce Phone Numbm: (619)409-3813
Reasons) for Hearing: please be specific. You may attach addihoml numbemdpages.
Failure to request a Hal by the date indicated shall waive your right to appeal and content the listed
action. This form is provided bayous convenhadeto Planar appeal.
*If your appeal is upheld your deposit will be wfismded. if your appeal is denied your deposit will be
credited toward the aaomt owed to the city. Addit and costs maybe assessed for hearing preparation,
notification and appearance should your appeal be denied.
Failure to any a debt to the city may result in thepbus,o [ of a Gen on Plis property,
Compliance with Amxlcans wiM Dls36111ties AC
rhe Cay or Gub wffi, In mmpname wM Meg en'mns Ifto n!saellldes A¢ rypA), ede r,dkU Is p
accommods'ow, street
swob,c9ft Avow in an a�%:s aeew9era ash" door, 11 loalm or smeawen se'Vo`$ wewa,w',nW.'flease "lett I core
E v or 9ecal a (19) 691-5260.
276 FOURTH AVENUE. MS B 200• CHU W Nffiq. CP Ll FORNIP 91910
CHULA VISTA Development Services Department
Cade Enforcement Division
Cost Recovery Worksheet
Date: I1-28-18
Property C) nec 21eoa MW mdo/Marser FL ciE LLC
Address: 1283 YL'url Aveoae, ChWa Vista, 91911
MN: 619-222-20-00
Cavell: C18-0863
C mtCharges: First Cost Recovery Fnvoioe
Previous Dala ce: $0.00
Amount Doe: $8,565,74
City of Chula Vista
Pull Cost Recovery
Estimate
FINANCE USE
ONLY
TRANS CODE
Code Enforcement Case Activity
#013]
C38-0863 Type,
Complaint Inspection
Opened, 11/13/18
Address:
128371CRO AV
Statusin Violation
Workflow FOR
Cam Anon
.CEO' - Task
Hours Spent q Amount
11/13/18 VloWfion Fnund
MICHAELB In Nal lnnocum
050 $24.01
11/13/38 NOV/NDFRMOI-CP
MICHASIB NoPolpCon
050 $74,81
11/26/18 No@
BRIANC For Appeal Nord
1.00 $123.69
11/20/18 VIDIM10N Remaning
MICHAEM FOIlov3tip lnspedron
0.50 $74,01
11/28/18 KR -CP
MICHAELB EnfjoementTwls
1.00 1149.62
Inspection FCR
Date I Anton
CEO " Inspedeon Type
Hours Spent 'Amount
TntaI Due 5s47.74
FLEASETAICETT NICII(If MITHYOUVJbilfNAPPLY :F0APERNfr15
Building and planning permits may be applied for at the banding counter or planning counter at 216 Fourth Aware, Chula
Pl
Vlam CA. ease telephone(619)691-5272 for general Information about getting the required perml6 mother (619) 5855621
for inning and sign permit information.
PAII)RE TO COMPLY VITH THIS NOTICE OF VIOLATION MAY RESULT IN ANY ONE OR A COM RC ATION OF TER
f0eced 0 dG ENFORCEMENT AC]I0NS and mcfammee rioUtim wvolvestheismenaofa permh, en mves6Mdve fee shall be
atmedtoaer ymeezpatna of Investigation anaenrormmenc
Aamnght at Ve Cludicu: Fomes of $100, $20Q or $500 pa violation for In, 2°a, or 3a citation Respectively. Each day Fiat the
Halation seems or muthars is considered a separate Odat
full Ir Osecut on: Fres up b a matimum of $1,000 wird a possibility of up to 6 months horticultural for own day the
Hoh[ioaontinued.
Rose and Desks Omer: An order to cave all activity iaendfied as a Violation. IQoorrg the under is a piysica mp.
Rummetion FeR: Poll coat recovery for all inspections if the violation is not cautioned within flow dramatic coal be due Notice
Fit Cost Raconteur' Recovery of all Cary cons associated wlM rvvhigad�m, dominant b aresdation ousiolafiort
Natio of Violation Impardallom A Notice of Violation may be reduced u9ara Ne Farmers with the County Rotation for
diOev¢y dwlog pinta wood. Recordation and cmcellotro of recordation costa wed be mal per CVMC Sxtioo 1,41 cdo,
Nasanm AbatemenC Following are process, the City may Out my action necessary to eliminate the violation. The Violator shall
Mubufse the City for At maty associated withthe investigation and Abatement
Noo-ksuance Apermitc Any City-ismedpermiOmeybewN eldmfil Violadonhvbemconemd.
C1vn Penalties: Penalties of up to$2,500perday win each day berg democrats offmae.
Reel Pfup isI:eid Alienmey be placed against the real pmpedy v ameuos ofrecoverru cost courted by the City uaresult of
_emdevlalati
Reamded Assortment : An ass¢smmt b be consul in the same matter as mwiaipel tnxm, Roy be RwNed as a mends of
cosh incurred by the Cary as a result of resd a mmug to a code valaticer
Cost ....very shall be auesiM main the provisions of no Chula Vain Municipal Code as set forth he Section 342.140,
141.150 and 1.41.160.
1.41140 Cost Recovery: Parsomt to Govermneot Code Eadian
387)1, costs pad peoalfim mat may be amvcnd and enforced
must tespo%zlble penia under the chapter hands, but my and
Immo to the following:
A- Clry's direct eoxfor abatement of Ornstein maidder
with applicable overbpQ
A Cosh of celery and affiliate overhead of Wase city
employee+' antl common Finland tuvolvea w the
m1wrypaim, eo<.Rmmt area remedimrn or
abatement of a nuisance,
C. City casts for structure use or mean;
0. Attnmey s fact
L cc nor meta aid Yeats fees;
F. Casts of geaeobnacal, comeemlg and other tw aien
o_ Adata amaw;
monish ant days use ani pmenny; imposed
pursumtlo us chapter,
H. Radial &OS pursuant to CVMC 1.9l
I. Cost' Of monitoring member, accezwry for aorrmtrg,
monlorlid, maul or, mitigating concede and
Athol
f. Any amain be, cost or expense r mably and
mhoaally relabd to my city's mfom int eftnns to
,has a misves or cancer a Abaci of that ode or
applicable ore law,
K. Treble damsgos aoovaabd pursuant to Government
Code Secure 387739. (9x CVMC I4L160(c). (OA.
2718 § 1, local
141.15OCanfirmationofmsh: Fannon We conclusion of me
,t, a eemmiauaq Aeric t or remorse ammns, the dhecmr.
sup unity the pmperry owe and appropriate responsible
Ord of a proposal arsessuncon of rest, sminst .sup
railroads and asa Ben or assessmant sgurn the real property
thahfu the subject ofactua [or maedrve action. Notreand
an opportunity to be Ford said cmost the beau 61 me
sidessl of carts or lien shell be powder to mese partes r
aecosdam a watt Chapter Lm CVMC. Following day humor; or
Vn therm( the and manager may mm asst, a pard anchor of
empirical of coals emblem flee appeal approach parties.
(Ord 2218 § 3. 1998).
141.160 Emoernel
A. N semrt with (treatment Code Semon 38773, We cry
preparation Ofw56 as Odessa, az appmpiele, may micro, me
1. Asepersoiulobliggioaagernaresponsibla party; ami
Asa mccordedntheri lien am We resp of a
C' 10n
judgment dim in the an prop"comoM which s of
C' cwnec a of aatemnt or
appeal rather, We subject of abatement or wrte,dve amioa;
or
b. As en aammincer again[ fee property which
az"about; to abatement or Imuctive ardor,
to be mllemM au the scene manner as
municipal rues.
R. For 'for moral city attorney or Emarr is criticized to
uminjudical commitment for We forecoma of me lam, where
appropriate, in addanm, pmsumt m Government Cede Secdoo
382]3.], We city manager may seek geode damages for We
abatement acts where We caryaave action apped, out of rn
armbutea a second Or subsequent cit or criminal judgment
within a two-year pedod as Inovaded for r mat speffim
Earctmem of mit transaction continues We compact of an
ordinma aulb0zazae9 me deatery of treble deal r
commerce wlPo Govemmem Code demean S0773.7, (Did. 2718 §
3,1998),
Pxhibit 8
Pxhibii 9
d9A Development Services Department
Code Enforcemmt Division
RULUMES1 FOR AMNISTRATIVE HEJkTHNG IA"MI
YN may request a hearing to consel the Propmed correcdve action On the properly ahoun below
(CVMC IAO.620). Please fill out the information vxiec9od bclod and dcbvw Itis form to the
Dgsattrnent of Development Services, City Grcbula Vuta, 276 Fourth Ave, MS.11200,Cim s yyfa,
CA 919146e{ere 3:45 pm on or before Nis dmC
12-13-I8.
•You roust psy a deposit moot of;Mat the time ym" request aheenag.
A ca nato0 (Pmperty0wneyRespansbk Pety);
Nicholas Irchoko
12/06/18
Prim Name brIprmts Dam
Mailing Adumem: 1283 Third Avenue, Chala Vista CA 91911
Daymnellsorw Qt23 863-3915
Case Numbcr. CIe-0863 fzVN'419M-2Pl10
vmlm"mnA s: 3293nHAve
Cweerive Acsia{z)uneaappnl: Noti�&OrclerroV
Cads FsfacmvM ce: M.Bwe Pham Number 0191C 3813 an
Reazaq>}fvrNwiaB: Neese bespxifm. You ms)aaazA addiliml am"mbeaedyea
p.
No[im from the City did oot spw fp what - kermifted. No Structural
Fa ao nsirsw a hearing by the daze uulicawi shall waivc your right to appeal ast crow the listed
Meti ahs for, is provided for your convenience, to file m agreaL
Nfyour appals upheld put deposit will be refundM. Ifyam appesl is denied Som deposit w;n hs
uediactl toward the smonm owed m the airy.
nod be swssl costs con)' M aaaud fm hewing prcpermion,
Nbmriw and appeatsemsheWd your appael denied.
Failure to pay a debt on ie city may "'Ault in lbe Plaem at ora ban On Nu peopmy.
eb^OlbmaN
w ow con. son, J (MNP I plv>nitlrtlO
ne a � mmAnaire .,m xa .>»cw .e, oN..w As (non. wxs swuw .m row+ awn
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COMMERCIAL LEASE
This Commercial Lease Agreement (the "Lease) is effective as of September
6, 2018, and is by and between Marcor Financial, LLC, hereinafter referred to as
"Landlord," and Nicholas Fehoko hereinafter refereed to as "Tenant", whereby
Landlord leases to Tenant that portion of the real estate located at 1283 Third
Avenue, Chula Vista, CA 91911 hereinafter referred to as the "Premises", neon the
following terms and conditions.
1. TERM OF LEASE
1.1. QxiginalTerm. The term ofthis Lease shall be for a period of one
(1) yew commencing May 6, 2018 and ending May 30, 2010 unless
sooner terminated as heyein provided.
1.2. Onbien to Renew Lease.
Tenant shall have the option to renew the
term of this Lease for two (2) additional period(s) of two (2)
Year(s) each commencing on expiration of the full term specified in
Section 1.1 of this Lease provided:
1.2.1. Tenant shall have fuU and faithfully performed all _ire
terms, covenants, and conditions of this Lease or any
extension of said Lease for the full term specified in Section
1.1 of this Lease.
1.2.2. Written notice of Teaent's election to renew the term of this
Lease is served by Tenant on Landlord at least 120 days prior
to expiration of the full term specified in Section 1.1 of this
Lease, and, if applicable, at least 180 days prior to aspiration
of any optional renewal period with respect to subsequent
option renewal periods.
1.2.3. The renewed term of this Lease shall be subject to the same
terms and conditions as ere contained in this Lease with the
exception of the rental two.
1.2.4. The Base Monthly Rental Rate and the additional rent rental
rate for each renewed term shall be as determined in Section
2.1. and 2.2., below.
1.3.
Holdirax0vor Should Tenant holdover and continue in possession
Of said Premises after termination of the team of this Lease or any
renewal or extension of the team of this Lease, Tenant's continued
Commercial Lease Page 1
occupancy of said Premises shall be deemed merely a tunny from
month to month at a minimum rental of the Base hent as deduced
below and subject to all the terms and conditions, incladiag the
provisions for additional rent, contained is this Lease.
RENT TAXES AND OTHER CRARGE PAYABLE BY TENANT
2.1. Base Mouthlv Rent. Tenant senses to pay to Landlord as monthly
base rent for the use and occupancy of said Promises during the term
of this Lease specified in Section 2.1.1. and 2.12.:
2.1.1. $2,000 per month.
2.2. Oth E T B P'db T t.
2.2.1. Personal Pro rt T Tenant shall pay all taxes
charges against trade fivemo s, furriscom , equipment on my
Other Personal property associated with the Premises or
belonging to Tenant.
2.2.2. Utilities. Tenant shall pay directly to the appropriate
sappharr, the cost of all natural gas, heat, light, power, sewer
service, telephone, water, refuse disposal and other utilities
and services supplied to the Premises. However, if any
services or utilities axe jointly revered with other property,
Landlord shall make a reasonable determination of Tenant's
reference to share of the coat of such utilities
and Tent shall pay such share to Landlord within (15) days
after receipt of Landlard's written statement.
2.2.3. Late R t Ch S. In the event any rental payment is ten
(10) days past. due, Tenant agrees to pay Landlord a late
change in the amoant of ten Percent (109r) of the base rent
due for that period.
REPAIRS AND MAINTENANCE -
3.1. Present Condition o£ Premises. Tenant agrees and hereby
stipulates with Landlord that said Premises are in good and
tenantable condition on the date of this Lease and that the
improvements on said Premises have been delivered to Tenant in
good and tenantable condition.
3.2. Mainz arae of the P B • T t. Tenant shall, at
Tenant's own oast and expense, during the term of this Lease on any
renewal or extension of the term of this Lease:
3.2.1. keep the side walls, structural supports, and foundation of the
building on said Premises in good repair and
3.2.2. keep and maintain said Premises in good order, repair, and s
tenant able condition including, without limitation,
Commerci9l Lease Paget
maintaining yards, grounds, paving, exteror roof, building
doors, and glazing in good order and repair; and
3.2.3. make all necessary repairs to, or replacements of, the
Plumbing, heating, art conditioning, and electrical systems on
said Premises, and regularly employ a heating and air
conditioning maintenance firm to service, maintain repair
and replace, the heating and air conditioning system on said
Premises to the extent necessary to keep the same in good
working order; and
3.2.4. repair any defects el the side walls, stvnctmial supports, and
Rem danons of the building on said Premises caused by the
negligence of or abuse of the building by Tenant o any
employees, agents, subtenants, or invitees of Tenant.
3.3. Tenant to Make No Alterations. Tenant shall not make or permit
any other person be make any alterations to said Premises Or to any
improvement thereon or facility appurtenant thereto without the
written consent of Landlord first had and obtained. The Landlords
consant to such improvements shall not be unreasonably withhold.
Furthermore, any and all alterations, additions, improvements, and
fixtures, except furniture and trade fixtures, made or placed in Or on
said Premises by Tenant or any other person shall be paid for solely
by the Tenant and on expiration or sooner termination of this Lease
become -tie tope. yh�d oxen mom on saierd� wises;
vdlord may on expiration or sooner
Provided, however, that La
termination of this Lease require Tenant at Tenant's sole cost and
expense to remove any alterations, additions, improvements, or
fixtures placed on said Premises by Tenant or any person acting for
or an authority of Tenant.
3.4. LaudIppelPs R' ht qf respectince. respect'Landlord or Landlord's duly
authorized agents may enter said Premises at any and all reasonable
times during the term of this Lease or any renewal or extension
thereof to determine whether Teaant is complying with the terms and
conditions of this Lease or to perform any other acts authorized by
this Lease to be performed by Landlord or reasonably necessary to
Protect Landlord's rights under this Lease.
3.5. Surrender --of On expiration or sooner termination of
this Lease, Tenant shall Promptly surrender possession of said
Premises to Landlord in as good condition as said Premises are now
on the date of flue lease, reasonable wear and tear and damage by
the elements or &a or my casualty beyond the control of Tenant
excepted. Tenant, at any time within ninety (9o) days prior to the
expiration of the term of this Lease, or any renewal or extension of
Commercial Lease Page 3
the term of this Lease, shall allow Landlord to place and maintain
reasonable "To Let" or "For Sale" signs on said Premises.
USE OF PREMISES
4.1. Permitted Use of Promises Tenant shall use said Premises for
operating and wnduming thereon a business and for no other purpose
without the written consent of Landlord.
43. Comol'anca w"tL L Said Premises shell not be used o
Permitted by Tenant to be used in violation of any law or ordinance.
Tenant shall maintain said Premises in a clean and sanitary moaner
and in compliance with
4.2.1. All State and lora] laws, ordinances, rules, and regulations
applicable to said Premises enacted or promulgated by any
Public or governmental authority or agency having
jurisdiction over said Premises.
4.2.2. The recorded restrictions governing the industrial peak if
any, in which said Premises are located. ,
4.3. Sims. Tenant may erect and maintain any snare Tenant may desire
on said Premises provided the signs so erected
4.3.1. comply with the rales and reguladom of the city and co tl
Of San Diego and architectural or other committee of the
industrial park having jurisdiction over such matters in
which said Premises me located;. and
4.3.2, nor removed at the sale cost and expense of Tenant without
damage to any building on said Premises or to said Premises
on coronation or sooner termination Of this Lease; and
4.3.3. are erected by Tenant and not by some other person on span,
leased by Tenant without Landlord's written consent to some
other Person for advertising purposes.
4,4. ResponsibiUnd
Storage Tanks.
4.4.L Definitions, As used in this paragraph, the fallowing terms
shall have the following meanings;
4.4.1.1. 'Theandous Material" means any substance,
material or waste which is reasonably considered
by Tenant to pose an actual or potential threat to
health or safety of which is or at nay time hereafter
becomes regulated as "hazardous,""'toac" or under
Commercial Lease Page 4
any other similar designation by any local, state, or
federal government authority. Such term includes,
without limitation,
4.4.1.1.1. asbestos,
4.4.1.1.2. any, petroleum products,
4.4.1.1.9. any material, substance or waste defined
as a "hazardous waste" pureusat to
Section 1004 of the Resouma
Conservation and Recovery Act (42
US.C. § 6901, et &ot),
4.4.1.1.4, any material, substance, or waste
defined asa "hazardous substance"
pursuant toSection 101 of the
Camprshensive Environmental
Response, Compensation and Liability
Act (42 U.S.C. § 9601, at seq.) or
4.4.1.1.5. any material, substance or waste defined
as a "regulated substance" Pursuant to
Subchapter IS of the Solid Waste
Disposal Act (42 U.S.C. § 6991, et seq.).
4.4.1.2. 'Yndemnifled Person" means Landlord guy
director, officer, employee, or agent of Landlord or
of any lender or lending institution of Landlord,
and any person claiming under or through
Landlord.
4.4.2. Represent t' sns and Warranties fLeopoldo d. Landlord,
Prior to the commencing of this Lease, has Provided Tenant
with a Phase I Environmental Report with respect to the
Premises. Landlord represents and warrants to Tenant that
to the best of its knowledge and belief,
4.4.2.1. no leak, spill, release, discharge, emission o
disposal of any Hazardous Material has occurred on
or affected the Premises,
4.4.2.2. the Presences, at the date of commencement of this
Lease, is free of any Hazadous Material;
4.4.2.3. there are no underground storage tanks currently
located on the Premises. The foregoing
representations and warranties shall survive the
termination of this Lease.
Commercial Lease
Page 5
4.4.3. ROPressertathoris and Warranties f T rant. Tenant
represents and warrants to Landlord during the term of tlils
Lease, including extensions thereof, it shall not allow;
4.4.3.1. the hsndfing; transportation, storage, treatment or
usage of Hazardous Material upon the Premises,
without the prior written ccnsent of Landlord
4.4.3.2. any leak, spill, release, discharge, emission o
disposal of any Hazardous Materiel to occur on or
affct the Premises,
4.4.3.3. keep the Premises free of any Hazardous Material
throughout the term of oris Lease, and
4.4.3.4. any underground storage tanks to be installed or
located on the Premises.
4.4.3.6. The foregoing representations and warranties shall -
survive the termination of this Lease.
4.4.3.6. Termination. Notwithstanding any, other
Provision herein, in the event of any breach of
Landlord's representations and warranties set forth
above or in the event Landlord fails to undertake
remedial or maintenance work required of it
hereunder and ilgtly mor tiue suet pxk to _
completion, Tenant may, by notice to Landlord,
terminate this Lease as of the date to be specified
in such notice.
4.4.4. Indemnification by Tenant. Tenant hereby agrees to
indemnify, defend and hold each Indemnified Person
harmless from and against any and all loss, cost, damage and
expense that arises during or after the term of this Lease as a
result of
4.4,4.1. the presence, suspected Presence or release at any
time of any Hazardous Material in, on or &am the
Premises, regardless of the source of such
Hazardous Material (except as sat faith below),
4.4.4.2. the presence at any time of any underground
storage taMr on the Premises, or
4.4.4.3. the inaccuracy or breach of my of the
representations or warranties set forth in Section
4.4.3. above. The costs covered by Tenant's
indemnification include, without limitation, costs
incurred in the investigation of site conditions, fees
Commercial Lease Page 6
of attorneys, engineers and other consultants, costs
and expenses. Excluded room the Tenant's
indemvfication shall be any loss, cost, damage or
expense resulting from the presence of any
Hazardous Material introduced onto the premises
by any Indemnified Person.
4.4.5. Notices. Landlord and Tenant agree to promptly notify the
other in the event such party becomes aware of the presence
of any Hazardous. Material or any underground storage tank
on the Premises.
4.46. De1 t P� pe, Itm any tie during the
term of this Lease, Landlord becomes aware of the presence,
suspected presence or release of any Hazardous Material ie,
on, or fiom the Premises or becomes aware of any pendency or
threatened action by any federal, state or local governmental
authority with respect thereto, Landlord may so notify
Tenant and request that Tenant institute remedial action.
Tenant and Landlord shall confer on what remedial action
may he appropriate and within twenty (20) days of Tenant's
receipt Of such notice, Tenant shall deliver to Landlord a
written Plan describing in detail the proposed remedial
action. If, at any time der the term of this Lease,
- &mdlexd—beoemes�waxs-o€any-�mdof gmi md-storage-tardy
located an the Premises, Landlord may so notify Tenant and
request that Tenant institute remedial action. Tenant and
Landlord shall confer on what remedial action may be
appropriate, and within twenty (20) days of Tenant's receipt
of such notice Tenant shall deliver to Landlord a written plan
describing in detail the remedial action which is necessary he
4.4.6.1. remove any, risk of any present or future leakage of
substances from the tank, and
4.4.6.2. eliminate the possibility that the presence of sneh
tank may, at anytime during the term of uch
Loase, pose a threat to health or safety or may, at
this
any time during the term of this. Lease, require
such maintenance, repair or other work so as to
interfere with the conduct of business in the
Premises.
4.4.6,3. 9213' Plan developed pursuant to this subparagraph
shall, without limitation of the foregoing,
cause the
Premises to comply with all applicable federate
state and local laws, ordinances and regmoions
Commercial Lease
Page 7
and shall be sufficient to abate any pending or
threatened action with respect to the Premises by
any federal, state or local governmental authority.
4.4.7. Termination. ff;
4.4.7.1. any plan required by the preceding subpamaraph
is not delivered to Landlord within the time
prescribed,
4.4.7.2. any such plan is net acceptable to Landlord in all
aspects, or
4.4.7.3. Landlord determines that the actual or suspected
Presence of Hazardous Motorial or any
underground storage tank has had or may have a
material adverse effect on Premises or any business
conducted from the Leased Space or that the
implementation of such plan may have such an
effect, Lundeen may, by notice to Tenant within
(20) days of Landlord's concept of such plan (orif
,
Tenant bails to provide auch plan, within (20) days
of the expiration of the time for Tenant to provide
such plan) terminate this Lease, such termination
In be effective as of the date to be specified in such
- a.otice_
4.4.8. Im lam t t' f Pl If Tenant delivers the plan
required hereunder within the specified time and Landlord
does not terminate this Lease as provided herein, then,
within ten (10) days of Landlord's notice to Tenant that the
Plan is acceptable (or Landlard's f'ailune to terminate this
Lease prior to the expiration of the time for Landlord to do
so), Temnt will commence action necessary to implement the
Plan and diligently Pursue such action to completion. any
work required hereunder will be at Taunt's sola expense
without any reimbursement from any Indemnified Person and
will be performed strictly in accordance with the plan and in
accordance with all applicable laws, ordinances and
regulations governing such work.
4.4.9. Performa ebv Land] d. If Tenantfulstodeliveraplan
for remedial action within the time prescribed above and
Landlord does not terminate this Lease, or if Tenant fails to
undertake such work as is required hereunder and diligently
pursue such work to completion, Landlord may, but shall not
be required to, take such remedial action as it deems
Commercial Lease Page 8
necessary and Tamant shall Promptly reimburse Landlord for
all costs incurred in such action.
4.4.10. Addition To Ren t. Landlord shall be entitled add to the
rent payable hereunder any lose, coat, damage or expense
covered by the Tenant's indemnification obligations set forth
In Section 4.4.4. above.
4.4.11. Nonexclusive Remedies. Landlord shall be under n
obligation to exercise any remedy which may be provided
hereunder and no failure to exercise any such remedy shall
Prejudice any other remedy available hereunder or under law.
The remedies provided herein sball not be considered
exclusive ar preclude any claim for damages or any other
remedy which may be availahle under this Lease or order
law.
4.4.12. Environment S Studies and Reports. Tenant represents
to Landlord that it received from Landlord full, accurate and
complete copies of any and all reports, studies, and other
information, as has had the right to seek from Landlord,
mytbing in Landlord's possession relating to the issue of the
Presents or suspected presence of any Hazardous Materiel on
the Premises.
_ _ �L133iaseLEatixunmea}o1 R ...� Qn-I.e e1'e 'aaEi m __
Upon termmatroa of tare Lease, Teaent agrees that it shall,
at its own expense and cost, provide Landlord with a Phase I
Environmental Report and to the extent that it appears, to
the Sods Engineering Consultant which has prepared the
Phase I report, that a release of Hazardous Materials has, or
may have, occurred, Tenant shall also provide Landlord with
a Phase II Environmental Report at its sole coat.
4.6. Insuraincebyleandlord. Should Tenant at any time fail to procure
or maintain the insurance required by this Article, Landlord may
obtain such insurance and pay the premiums on each insurance for
the benefit of Tenant. Any amounts paid by Landlord to procure or
maintain insurance pursuant to this section shall be immediately due
and repayable to Landlord by Tenant together with interest thereon
at the rate of thirteen and one-half Percent (13.69d) per annum until
paid.
6. DESTRUCTION OF PREMISES
5.1. Landlord's Duty to Repair or Restore Should any
rmpravements, including buildings and other structures, located on
Commercial Lease Page 9
said Premises be damaged or destroyed during the term of this Lease
or any renewal or extension thereof, Landlord shell
or replace the damaged or destroyed improvements IT he lloowing
manner:
5.1.1. Where the damage or destruction is caused by a peril against
which ioemeace is required to be carried by Section 5.1 of
this Lease, from the proceeds of such insurance or, H such
resonance bas lapsed or not been carried,. at the sole coat and
expense of Tenant,
5.1.2. where the damage or destruction is caused by e peril against
which insurance is not required to be carried by this Lease, at
the sole cost and expense of Landlord,
6.2. Termination car red Loss. Notwithstanding any other
Provision of this Lease, should any improvements located on said
Promise be damaged or destroyed to ouch an extent it will cost more
than Two Hundred Fifty Thousand Dollars ($250,000.00) to repair or
replace them; and the damage or destruction is caused by a .,it
against which insurance is not required to be carried by this Lease,
either Landlord or Tenant may terminate this Lease by giving the
Other written notice of termination. The notice must be given within
thirty (30) days after occurrence of the damage or destruction.
Provided, however, that Tenant can prevent termination of this Leese
�y y� payr�ng o7,undlaidwit7r n sixty 00) days aFmr aery—_
by Tenant of notice of the to, minatiea ice
the estimated coat in excess of
Two Handled Fifty Thousand Dollars ($250,000.00) of conniving or
restoring the damage or destroyed improvements and paying the
balance of such costs in azures of Two Hundred Fifty Thousand
Dollars ($250,00u,o0) promptly on their determination on completion
Of the repairs or custom non.
5.3. Timetoeratifor uti
Constrcon of Re airs, Any and all repairs end
raoa of improvements required by this Article shall be
Commenced by Landlord within a reasonable time after occurrence of
the damage or destruction requiring the repairs o
be diligently pursued after being commencedand restoration, ehe11
shall
restoror completed
within a reasonable time after the loss. ,
5.4, Abatement of Rent. The damage or destruction of env _
nalnevements located on said premises shall not terminate this
Lease, except as otherwise provided in this Article, but any rent
payable by Tenant to Landlord under this Lease shall:
5.4.1. Where the damage or destruction is caused by a peril against
which mareadme is not required to be carried by his Lease, be
abated for the time and to the extent Tenant is prevented
Commercial Lease
page 10
from occupying said Premises for the uses authorized in this
Lease.
5.4.2, Whore the damage or destruction is caused by a peril against
which insurance is required to be carried by Section 6.1 of
this Lease. continue to be required to be paid by Tent as
provided in this Lease m fall though the damage o
destruction renders said Premises either partially or
completely uninhabitable for the uses authorized by this
Lease.
5.5. Six -Month Termination Should any damage or destruction as
described re Section 6., including its subsections, render said
P
manses only partially untenaretable for the uses permitted by this
Lease, Landlord shall take such steps as will avoid any uureasooable
interference with the use of said Premises by Tenant for such uses
during the period Landlord is repairing or replacing the damaged or
destroyed improvements on said Premises; provided, however, that
should Landlord be umoble to restore full use o£sh o£sard Premises to
Tenant for the uses permitted by this Lease within she months from
the date of occurrence of damage or destruction to day improvements
on said Premises, Tenant may terminate this Lease by giving written
notice of termination to Landlord.
6. CONDEMNATION
6.1. ToEa] Co)ecfhae6. The term "total condemnation" as
used in this Article shall mean the Losing by eminent domain, herein
called "condemnation," by a public or quasi -public agency or entity
having the power of eminent domain, herein called "condemnor," of
either:
6.1.1. More than 35 percent Of the ground area elsaid Premises; or
6.1.2. Less than 35 percent of the ground area of said Premises at a
time when the remaining buildings or improvements on said
Premises cannot reasonably be restored to a condition
suitable for Tenant's occupancy for the uses permitted bythis
Lease witbin 66 norma] eight-hour working days under all
laws and regulations then applicable; or
6.1.3. Less than 35 percent of the ground area of said Premises in
such a manner that Tenant is substantially prevented from
carrying on his operations of a permitted use under this Lease
on the remaining portion Of said Premises.
6.2. Partial Cocidenniation Defined. The term "partial condemnation"
as used in this Article shall mean any condemnation of a portion of
Commercial Lease Page 11
said Premises that is not a total condemnation under Section 7.1 of
this Lease.
6.3. Termination for Total Condemnation. In the event of a total
Condemnation of said Premises during the Prom of this Lease, this
Lease shall without further notice terminate as of 12:01 A.M. on such
data and a prompt and Proper refund or payment of rant shall be
made. On the making of such neat adjustmenq both Landlord and
Tenant will be released and discharged from any and all further
Obligations under Ons Lease.
C.A. Effect of Penial C d ti In the event of a partial
condemnation of said Premises during this Leese. This Lease shall
terminate as to tha portion of said Premises taken on the date actual
pllyeical posseseiov of that portion ie taken by the condemmr but
shell remain in full force avd effect as to the remainder of said
Remises; provided, however, that forthwith after the taking of actual
P
hysical possession by the condemnor of the portion taken by
condemnation, Landlord shall restore, at Landlord's awn coat end
expense, the improvements an the remainder of said Pmmieea to a
condition making said Premises tenantable by Tenant £or the
-uses
P
ermitted by this Lease. Any rent p�vable under this Lease after the
date actual plyvsical possession is taken by the condemnor oP the
Portion o£ said Premises condemned shall be reduced by the
-- bears; to the
total ground seen of Forboretaken-on the date of this
bears W the total ground seen of said Premises on the data of this
Lease. In addition the sent payable under this Lease shall be further
abated during the time and to the extent Tenant is prevented from
Occupying all of the remainder of said Premises by the work of
restoration required by this section to be performed by Landlord.
fi.5. Landlord' P t S ]I L' of Condemnation. Landlord
sag without aqy obligation no Lab
ility to Tenant and without
affecting the validity or continuation of this Lease other than as
expressly provided in this Section 7., agree to sell or convey to the
mndemvor, without fust requiring that an action or Proceeding far
condemnation be instituted or tried, the portion of said Premises
sought by the condemnor free from this Lease and the rights of
Tenant in said Premises other than as provided in this Section 7.
6.6. i nde E A d. All compensation and damages awarded or
Paid for the condemnation of said Premises or any portion of said
Premises, or for any sale in Her of condemnation as authorized by
Section 7.5 of this Lease, shall, except as otherwise expressly
Provided in this section, belong to and be the sole property of
Landlord; Tenant hereby assigning to Landlord any claim Tenant -
bright have except for this Provision against Landlord, the demised
Commercial Lease Page 12
Premises, or condemnor for diminution in value of the leasehold
estate created by this Lease or the valva of the unmarked term of this
Lease; provided, however, that Tenant is entitled to Neck to recover
from the condemnor, but not from Landlord, for:
6.6.1. The cost of removing any trade fixtures, firrdture, e
equipment from the portion of said Premises taken by
condemnation;
6.6.2. The value of any trade hxtm®s and any structures installed
by Tenant or the portion of said Premises taken by
Condemnation that could have been removed by Tenant on
expiration of this Lease; and
6.6.3. The then amortized value of all improvements made by
Tenant en the portion of said Premises taken by
condemnation that could not be removed by Tenant o
expiation of this Lease either because of provision, of this
Lease either because ofPr'ovisions of this Lease or because the
Improvements would have no economic value on removal from
said Premises.
I. IMIMMMTY FROM LLSHILITY
7.1_ Hold -Harmless Clause.Tenant shalt mdemnifymad-hd A i sin mwai
and the property of Landlord, including said Premises, free and
harmless from any and all liability, claims, loss, damages, or
expenses, including counsel fees and costs, arming by reason of the
death or injury of any person, including Tenant or any person who is
an employee or agent of 1'enaut, or by reason of damage to or
destruction of any property, including property owned by Tenant or
any person who be an employee or agent of Tenant, caused of
allegedly caused by
Zl.l, any cause whatsoever while such person on property is Of or
on said Premises or in any way connected with said Promisee
or with any improvements or personal property on said
Premises;
7.1.2, some condition of said Premises or some building or
improvement on said Premises;
7.1.3. some act or Omission on said Premises of Tenant or any
Person in, on, or about said Premises with the permission and
consent of Tenant; or
7.1.4. any matter connected with Tenant's occupation and use of
said Premises.
Commercial Lease Page 13
7.2. 'Exempted At fLandlord . Notwithstanding the provisions Of
Section 8.1 of this Lease, Tenant shall be under no duty to indemrdfy
and hold Landlord harmless from any liability, claims, or damages
arising because of Landlord's failure to make any repairs required by
this Lease to be made by Landlord or because of any intentional or
willful acts of Landlord or any person who is an agent or employee of
Landlord acting in the coarse and scope of their agency or
employment.
7.3. Liability Insurance, Tenant shall, at Tenant's own coat and
expense, secure promptly after execution of this Lease and mairnam
during the entire term of this Lease and any renewal or extension of
such term a broad foaa Comprehensive aovmuge Policy of public
liability insurance, to which Stations 5 2 and 5.3 of this Lease shall
apply, issued by an insurance company acceptable to Landlord
curing Tenant and Landlord against loss or liability caused by or
cemented with Tenant's occupation and use of said Premises under.
this Loom m amounts not leas than
7.3.1. One Hundred Thousand dollars ($100,000) for injury to or
death Of one person and, subject to such limitation for the
- -- mjr r-dmxh- oLanc-parisn",roththanOne 4lu sh,
Thousand dollars ($100,000) for injury to or death of two or
more persons as a result of ady One accident or incident; and
7.3.2. One Hundred Thousand dollars ($10g000) for damage to or
destruction of any Property, of others.
7.4. Exoneration of Landlord Tenant hereby expressly waives all
claims for damages and agrees that Landlord shall not be liable for
any damages or injuries to Tenant's business, far any loss of income
from Tenant's business, for any damage or destruction of property
belonging to Tenant or on said Premises with the consent of Tenant,
Or for any injuries to Tenant or any person on said Premises with the
cement of Tenant unless such damage, injury, loss, or destruction
directly results from either Landlord's failure after written notice
from Tenant to make any repair, required by this Lease to be made
by Landlord or an intentional or whirl act of Landlord or some agent
or employee of Landlord.
DEFAULT AND TERMINATION -
8.1. Remedies on Tenant's Default. Should Tenant breach this Lease
or abandon said Premises prior to the natural expiration of the term
Commercial Lease Page 14
Of this Lease, Landlord, in addition to any other remedy given
Landlord bylaw or equity, may:
8.1,1. Continue this Lease in effect by not terminating Tenant's
right to possession of said Premises, in which event Landlord
shall be entitled to enforce all Landlord's rights and remedies
under this Lease including the right to recover the rent
specified in this Lease as it becomes due under this Lease; or
8.1.2. Terminate this Lease and recover from Tenant
8.1.2.1. The worth at the time of award of the unpaid rent
which had been earned at the time of termination
of the Lease;
8.1.2.2. The worth at the time of award of the summit by
which the unpaid amount by which the unpaid rent
which would have been earned after termination of
the Lease until the time of award exceeds the
amount of rental loss that Tenant proves could
have been reasonably avoided;
8.1.2.3. The worth at the time of award of the amount by
whieh-Eha�paid�snt-firthrbaisnce-of the -far,
after the time of award exceeds the amount of
ental loss that Tenant proves could be reasonably
avoided; and
8.1.2.4. Any other amount necessary to compensate
Landlord for all detriment proximately caused by
Tenant's fnilure to perform his obligations under
this Lease; or
8.1.2.5. Terminate the Lease and, in addition to any
recoveries Landlord may seek under subparagraph
B. of this section, bring an action to re-enter and
Tegain Possession of said Premises in the mannan
provided by the laws of unlawful detainer of the
State of California then in effect.
8.1.3. Default by Tenant, All covenants and agreements
contained in this Lease are declared to be conditions. to this
Lease and to the term hereby demised to Tenant. Tenant
shall breach this Lease, giving Landlord the remedies
specified in Section 9.1, and its subparts, of this Lease,
should:
Commercial Lease Page 15
8.1.3.1. Any rent be unpaid when due and remain unpaid
for 5 days after written notice to pay such rent or
inummuder possession of said Premises is served on
Tenant by Landlord; or
8.1.3.2. Tenant default in the performance or breach any
other covenant, condition, Or agreement contained
in this Lease and such default Or breach is not
cured within 20 days after written notice thereof is
given by Landlord to Tenant.
8.1.4. Insolverm . Should Tenant become insolvent, as defined in
this section, Landlord may, by giving 20 days' notice t0
Tenant or to the person appointed to manage Tenant's affairs
at the address for such person appearing in the official
records of the court that appointed him, terminate this Lease
and forfeit Tenant's interest in said Premises and in any
improvements or facilities in, on, or appurtenant to said
&emises. For pmp08es of this section Tenant shall be
conclusively presumed to have became insolvent if Teaaut
should:
8.1.4.1. Have a receiver appointed to take possession of all
Or substantially all of Tenant's property because of
_ insolvency;
8.1.4.2. Make a general assignment for the benefit of
creditors; or
8.1.4.3. Allow any judgment against Tenant be remain
unsatisfied and retreaded for a period of 30 days or
longer.
8.1.6. Cumulative RemedieS. The remedies given to Landlord in
this Article shall not be exclusive but shall be cumulative and
in addition to all other remedies now or hereafter allowed by
law or authorized elsewhere in this Lease.
8.1.6. Waiver of Breach. The waiver be Landlord of any breach by
Tenant of any of the provisions of this Lease shall not
constitute a continuing waiver or a waiver of any subsequent
default or breach by Tenant either of the same or a different
provision of this Lease.
MISCELLANEOUS
9.1. Subleasine or Assienis. Tenant shall be allowed to encumber,
asRgn ar Otherwise transfer this Lease, any right or interest in this
Lease, Or any right Or interest in said Premises or any of the
improvements that may now or hereafter be constructed or installed —
Lease
on said Premises without the express written consent of Landlord
first had and obtained. Tenant may sublet said Premises or any part
thereof or allow any part thereof or allow any other person, including
Tenant's agents, servants, and employees to occupy said Premises or
any part thereof without the prior written consent of Landlord. Any
encumbrance, assignment, transfer, or subletting without the prior
written consent of Landlord, whether it be voluntary on involuntary,
by operation of law or otherwise, is allowable as a negotiated
consideration of this Lease.
9.2. Ut�iliti�es Tenant shall pay all charges incurred for the furvshing of
gas, electricity, water, telephone service, garbage or refuse service,
and other public utilities to said Premises during the term of this
Lease or any renewals or eatensians thereof.
9.3.
_
Notice. Except as otherwise expressly provided by Law, any and
al] notices ar ether communications required or permitted by this
Lease or by law to be served on or given to either Party hereto by the
other party hereto shall be in writing by email and shall be deemed
July Served and given when personally delivered to the party to
whom it v directed or to any managing employee or afiicor of such
Party or, in lieu of such Personal service, when the email is confirmed
received.
9.4.
Attorneeps Fees Should any litigation, including arbitration
Proceedings, be commenced between the parties to this Lease
concerning said Premises, thia Lease, or the rights and duties of
either in relation thereto, the party, Landlord or Tenant, prevailing
In such litigation shall be entitled, in addition to such other relief as
may be granted m the litigation, to e reasonable sum as and for his
attorney's fees in the litigation which shall be determined by the
court in such litigation or in a separate action brought forthatpurpose.
9.6.
Bil d c B d S This Lease shall be binding an
and shall more to the benefit of the hens, executors, administrator&,
successors and assigns of each of the parties hereto, Landlord and
Tenant, but nothing contained m thin section shall be construed as a
consent by Landlord to any assignment of this Lease or aqy interest
in this Lease by Tenant.
9.6.
Time ofEssence. Time is expressly declared to be the essence of this
Lease.
9.7.
Sole and Only Agenternarch This instrument constitutes the sole
and only agreement between Landlord and Tenant respecting said
Premises, the leasing of said Premises to Tenant, or the Lease terms
Commercial
Lease
Page 17
Laredo specified, and correctly sets forth the obligations of Landlord
and Tenant to each other as of its date. Any agreements o
representations respecting seid Premises Or their leasing by Landlord
and Tenant not expressly set fortb re this instrument are null and
void.
9.8. Severability, if any part of this Lease is adjudged by any court of
competent jurisdiction to be unenforceable, said unenforceable
Provision shall not affect the other provisions here.£ and this Lease
shall be construed in all respects as if any invalid .r unenforceable
Provision were omitted.
9.9. Governing Laws. This Lease shall be construed pursuant tothe
,
laws of the State of Califoinia with jurisdiction and venue being the
Superior Coma in and fon the County of San Diego.
9.10. Counterparts. This Lease may be executed in any one or more
wunterparts, all of which taken together shell constitute one
instrument.
9.11. Faesimile signatures. It is expressly agreed that the parties may
execute this Lease via facsimile signature and such facsimIle
signature pages sball be treated as originals for all purposes.
In Witness hereof the parties have axecuted this Lease effective as of the
date first set forth above on the fuest page. .f this Lease.
"Tenaut"
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"Landlord"
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Commercial Lease Page 18
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