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HomeMy WebLinkAboutReso 1989-15247 RESOLUTION NO. 15247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD ZOGOB FOR 1200 SQUARE FEET OF OFFICE SPACE AT 315 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the attached lease agreement provides for 1200 square feet of office space located at 315 Fourth Avenue, Chula Vista, California that will be used to temporarily house the Public Works Inspection Unit until the fire damaged County Health Building is restored and the Community Development Department can be relocated to the renovated facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain lease agreement between THE CITY OF CHULA VISTA, a municipal corporation, and RICHARD ZOGOB for 1200 square feet of office space at 315 Fourth Avenue, Chula Vista, California, dated the 8th day of August , 198 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved.* BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~,. ,ULA VISTA, CALIFORNIA, this 8th doy of Augnst . .. 19 89 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, cox NAYES: Councilmembers None ABSTAIN: Councilmembers None None ABSENT: Council members ~ the City of Chulo Visto Acting//'City Clerk ~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 15247 ,ond fhot the some hos not been omendedor repeoled DATED A~/~ing City Clerk ' CC-660 R-/~',~t7 ~ U 315 the ~ildi~ of ~l~ ~ "":':'." - L .. ~ ~m s~l ~ ex~d ~id. tem~','~'. for ~ a~iti~l six "yearn'of,the term hereo~ during which the building of which the premises are · part, including the improvements thereon, shall have been fully assessed for taxes as completed premises by the tax assessor's office.,' 'Such increase in taxes shall be payable within hhirty (30) days after the end of the calendar year in which each of fiscal tax years commenced, and upon receipt by Tenant Of a statement in writing from fendlord setting forth the amount of such i. [.. pr,ises shall be a rtioned a:rding to the !'are of the premises, as it relates to the total leasable floor area '~of the building OF buildings, as the case may be, for which a 'separate assessment shall be reeds, and ~nlch building (or buildings) includes the premises. such tax increase for the year in w~ich this Lease ends shall be .,apportioned and adjusted. With respect to any assessment which be levied against or upon the premises and which, under the laws then in' force, may be evidenced by improvement or other bonds, or may be .paid in annual installments, Tenant shall be required to pay each yeaT only the amount of. such annual install~ent or portion t~ereof constituting e tax. increase (with appropriate proration for any year) and shall have no obligation to continue such payments the termination of this Lease. Tne"ter~ "real estate taxes" as used herein shall he deemed to mean z all taxes imposed upon the real property and permanent improvements of which the premises are a part and all assessments levied against said reel property, but shall not include personal income taxes, property taxes, inheritance taxes, or franchise taxes levied ainst the Landlord, but not directly against said real property, even though such taxes shall become a lien against said real property. Taxes: Upon written noti6e~ by Landlord, as additional rent hereunder, Tenant shall ~y any tax that may be directly levied, assessed or imposed upon the rent payable hereunder by any authority actin~ under any present or future law. and shall furnish and pay for services and utilities as set forth,in. Exhibit "B" attached hereto and made a part "hereof..'~:~.~ .... /->!~i~?l~i~i:.- ' -' j. ~ilities' and setvies ~id for ~ ~ndlord shall be furnished to the ~ .~., r.:=: praises = ~ly. during .. re~on~le ~ilding hours as the s~ my ..... dete~n~ fr~i. ti~ {o ti~ by' ~ndlord/=and ~ile ~n~t is not in ~der ~y of ~e provisits of the Lea~, ~d subJ~t to the r~lations of the building. ~ndlord shall ~ the sole Judge as ~ the a~t. and kind of-setvies .~d utilities to ~ pr~i~d ~der the ,[?pr~isions beryl, and any additional setvies or utilities rgir~ by LT~t shall ~ a= its sole e~n~. Tenet agrees not to ~nn~ to {alter ~y utilities or ~i~nt prorind by ~ndlord with~t the ~itten o[ L~dlord.'.' If, in the sole Jud~nt of ~dlord, Tenet ~tes or uses ~ ex~ssive a~unt of alr~nditioning, heting, gas, el~ricity or water p ~dlord reserves the privilege to char~ Tenet for ~ch waste ,'~>. or ex~ss ~unt of .gas~ el~ricity or water~ whi~ charge ~n~t agrees for the l~s~ praises shall ~ ~rfor~d ~ horus{hess hours (~t~n 6:00 p.m. ~d 8:30 a.m.). All ~rsons or '~rfo~ng Janttortal setvies ms= ~ a~rov~ by rodlord prior to ~~t Of ~ ~ndlord shall not ~ liable .for ~y faJ.lure to furnish any of such 'se~i~s or utilities ~en su~ failure is ~used by a~idets, strikes, i=k~t,, o~er l~r-troDlee or 'Other ~ndittons ~nd ~dlord', reasonable control, ~d Tenet shall not ~ entitl~ to ~y dam~s nor , shall ~y such failure relieve ~n~t of the obligation ~o ~y the full rent reserv~ herein or ~stitute or ~ ~stru~ as a ~nstru~ive other ~i~ion of ~n~t, ~t ~11; ~se and ~ the Pr~i. ses for the foll~inq ~se: ,:office relat~ to pr~l~ ~nicl~l se~i~s In ~n~tion with the ~l~in C~ny a~ll~tion for ~ay ~nch ~vel~nt and shall not use .. or, ~ the Premises for ~y other ~r~se without t~ prior ~itt~ ~n~t of ~ndlord. ~n~t shall not use or ~ the Preises vio~att~ of 1~ or of the ~rtificate o[ ~ is~ed for the ~tlai~g of ~ich the praises are a p~rt, and shall~ u~n (S) days ~itt~ noti~ fr~ ~dlord, dis~tinue any use of the premises ~i~ is ~lar~ by any ~ver~ntal authority having Jurisdi~ion to 1~ or of said ~rtifi~te of ~n~, Tenet shall ~y dir~ion of any gover~ntal authority having Jurisdi~ion ~ich 8hall~ by reas~ o~ the nature of Tenant's use or ~ of the i~se any duty u~n ~n~t or ~ndlord with res~ to the - :, -~;..~ Tenant ; neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the d buil ins or with respect to the suitability of either for the conduct of Tenant's ~business.,~.>The 'taking-of possession of the Premises by Tenant .sh-that the Premises and said Building were at ,'~'such time, c~hplete. and ~ in,t satisfactory condition (except for latant defects) unless within'ten,(10) days after such date Tenant shall give Zandlord written' notice specifying in reasonable detail the respects in which the Premises or the Building were not complete and in satisfactory' except for any work to be completed by Landlord as set forth in this Lease..- ,?~ q' ALTERATIOt~ - EQUIPMENT: (a) Tenant shall make no alterations, additions or improvements to the -,.. Premises without the prior written consent of Landlord, and Landlord may.. impose, as a condition of such consent such reguirement$ as :', >v- Landlord in its sole discretion may deem reasonable or desirable, '%L including, without - limiting the generality of the foregoing, t .... ~' reqUiremen s as to the manner in which, the time or times at which, ' and the contractor by whom such work shall be done. All such alterations, additions or improvements shall become the property of ',~.': Landlord, and shall be surrendered with the Premises, as a part ~'. thereoft at the end of the term hereof, except that Landlord may, by Written notice to Tenant given at least thirty (30) days prior to the end of term~ require Tenant to remove any or all partitionst counters, railings and other improvements installed by Tenant, and to air any damages to the Premises from such removal, all at Tenant's .'[~j~'(bt ~All articles of personal pro~ert~ and all business and trade <;' :"." ..j fixtures, machinery and equipment, cabinetwork, furniture and '~7~f" ....i' moveable pertitions owned by Tenant or installed by Tenant 8t its ~ "" ':-+' in the Premises shall be and remain the property of Tenant may be removed by. Tenant at any time during the lease term when is not in default hereunder. Landlord may, by written notice Tenant' upen the termination of this lease require Tenant to remove '> 811 of such property and to repeir any damage to the Premises or the Building caused by such removal, 811 an Tenant's sole expense. and shall pay before delinquency, taxes levied against any personal property or trade fixture placed by Tenant in or about the Premises.>: 'trade fixtures are levied against Landlord or Landlord's pruperty and if landlord, after. written notice to Tenant, pays the s.aVe, which Landlord shall ha~ the right to do regardless of the validity of such levy, or if the assessed Value of landlord"s Premises is increased by the inclusion - therein of a value placed upon such personal property or trade fixtures of Tenant and if LandloTd~ after written notice to Tenant, pays the taxes based upon such increased assessment, which Landlord shall have the right to de regardless of the validity thereof, Tenant shall upon demand, as the ~-case may be, repal~ tO ~andlord the taxes so levied against Landlord, or the proporti0~ of such taxes resulting from such increase in the assessmentX provided that/in any such event Tenant shall have the right~ in'the n~ne of landlord and with 'Landlord's full cooperation, to bring suite in any court of competent Jurisdiction to recover the amount of any such taxes. Any amount so 'recvvered shall belong to Tenant. landlord ~ay r. eguire Tenant to agree to indemnify Landlord against any costs or expenses, including reasonable attorneys fees, which may be assessed Landlord in such suit by Tenant or incurred by r.andlord in connection with such suit by Tenant. 'iO~ ~RE (F PREMISES: take good care of the Premises and fixtures therein and shall [mburse Landlord for all repairs thereto or to the Building which are necessary as a result of any misuse or neglect by Tenant or by its agesits or ~.ployees Or by its visitors while in the Premises. I1, MAINTENANC=~ repair and maintain t~e Premises and the Building, g the plumbing, air-conditioning and electrical systems, windows, ,floors (excluding floor covering), parking areas, landscaping, restroo~s other common sre~s and facilities, and all other itsills which ;cons~itute a l~rt of the Premises and are installed or furnished by Fendlord, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persists ~.~] Article 16 hereof there shall be no abatement of rent and no liability of ; .i'Landlor, by r.s, ,rising ,r, the ,,ing of any ropeira. alterations or .~i o fixtures/appUrtenances and equipment therein that merely causes Tenant '. Tenant will permit Landlord and its agents to enter into and upon the · ,remis~s at' all reasonable times during norms1 business hours for the inspecting the same, or for the purpose of protecting the therein of Landlord, or to post notices of nonresponsibility, or to make alterations or additions .to the Premises or to any other portion of the BUilding in Which the Premises are situated, including the erection scaffolding, props or other mechanical devicas~ Or for maintaining any service'provided.~by ~sndlord to Tenant hereunder, without any robere of. 'thereby oc~asi0 ned ,;'and will permit Landlord, at any tim within thirty '/. (30) days prior .to" the expiration of this lease, to bring upon the or display, prospective tenants 13~ HOLD H~RHLESS MID NON-LIaBILITY OF LANDLORD: ~inst any and all claim arising from injury to persons, loss of life or . ~,8amge to property occurring in or about the Premises and from and against, ; any and all costs, expenses and liabilities incurred by landlord in or in 'connection with any such claim or any proceeding based thereon, to the "extent such injury, loss of life or damage arises out of the willful act' ~ or negligence o~ Tenant, or its officers, employees, servants, agents,.'- contractors, invitees or licensees. Tenant agrees at all times during the of this Lease to keep in full force a liability insurance policy' to Landlord with single limit liability o~ not less than' e'Hundred Thousand Dollars ($300,000) and naming Landlord as an 'al~$ Landlord shall not be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property of Tenant or thereon except as specifically heroin provided. Landlord . h~reby waives the recluir~nent for i~,~urm~ce, understanding that Tenant is a self-insured public entity. 14. WAIVER OP SUBROGATIOn: party hereby waives its right of recovery against the other for any. insured against u~.der the standard form of fire insurance policy with extended coverage endorsement approved for use in California by the Fire Rating Bureau or its successor, provided this is permitted by .its insurance ~olicies, or by endorsement thereon which such waiving mrty :!:~,'may o~tain at no cost and without invalidation of the policies. shall not, 'either voluntarily or by operation of law, assig., encumber~ pledge or otherwise transfer all or any part of Tenant's leasehold estate hereunder. or permit the Pr~m(ee.~ to bc cc~apied by .::th~n ,.2Tcrmr.~ :lot. Tenar~'s ~ployees, Or suble~ the ~ses or~any-~rtion 'ther~f wither ~ndlord's prior ~ltten ~s~t tn.ea~ ,inst~.=~ ~y ~11~tion or a~pt~ of r~t by ~dlord, fr~ any ~rson other th~ ~nant shall not ~ ~d a ]~'waiver .= of. any provision of this Article, nor shall ~y ~ch -- ~'a~an~.~. of ,. rent on ~half of ~nant ~ ~nstrued as ~ndlords ~nsent to ~y' assi~nt or subletting. :<=(b) ~= ~=~dlord to any ~sei~mnt or s~letting by ~n~t ,; shall relie~ Tenant of ~y ~ligation to ~ ~rfo~d by t~ Tenet ~= ~ un~r~ this ~ase,, whether ~rring ~fore or after such ~nsent~ ~si~nt or subletting.- ~e ~nsent ~ L~dlord to ~y assi~nt or ~blettfng shall not relieve ~n~t frM the obligation to obtain . 'T( e~ress ~i ~itten ~nsent to ~y other assig~nt or :~ subletting;'~~ ~y ~si~nt or subletting which is not in ~lian~ this Article shall ~ void ~d shall, at the option of Landlord, .~ temfnate this ~ase. ~..<=,,s,.</~ :he e~nt~of.;any tr~sfer'or'transfers of ~ndlord's ~nterest in the or ~n the real pro~rty of~fch the Premises are a ~rt', other T=th~ a transfer for s~rity ~r~ses only, the tr~sferor shall 'aut~t~lly relieved of ~y and all obligation ~d li~ilities on the ~rt of. ~ndlord a~ruing fr~ and after the date of such transfers pr~i~ such ~ligati~s ~d l~ilities are ass~d in ~iting by the ae provf~d ~n Artrole 8, i~ the ~r~lees or the ~llding or ~tch ar~ a ~rt are ~d by fire or other casualty of th~ t~ ~inet u~r the stan~rd fo~ of rir~ insur.. ~1t~ with exten~d endorse~nt, t~ ~ge ~hall ~ retired by ~d at the e~n~ ~ndlord, provided euch re~irs ~n, fn ~ndlord~s opinion~ ~ ~d~ within nifty (90) days after the ~ncement of re~trs without the o~ ov~rti~. or other pr~tu~, and until such re~re ar~ th~ rent ehall ~ a~ted in pro~rtion to th~ ~rt o~ the ~i~ ~s ~usable by ~n~t in the ~n~ of it8 businese (but ;here. shall ~ no a~te~t or rent by reason of ~y ~rtion or the ~ unusabl~ for a ~riod ~al to one ~y or less). ~f the [s "due to'the fault'. or neglect of Tenant or its employees, or 89entst there shall be no abatement of rent. · 'Z~ TenseS' can reasonably~ c~ntinue to occup~ and use his space in its ~course oil business, then. Tenant shall continue to pay rent. Landlord sha11 be given 90 days from the occurrence of the damage to make repairs. ~If SUc~ repairs are not ,completed within the 90-day period, Landlord, at his o~tion,, may begin ~abating Tenant's rent Until Such repairs are ~?"c~pleted or if ~andlord'elcct= not to uhmte T~nrmt's rent, Tenant shall have ,' the ,, right to ~ terminate: the -, re~ining portion of' the lease.- ~andlord's election to make such repair must be evidenced by written notice to Tenant advising Tenant within thirty (30) days after the occurrence of the damage whether or not Landlord will make such repairs. With respect to any damage which Landlord is obligated to repair or elect8 tO repair, Tenant waives the provisions Of Sections 1932 (2) and 1933 (4) o~ the Cali~orni8 Civil Code, then either party may by written notice. to the other cancel this Lease a~ of the date of the .occurrence of such deu~ge....,: A' total destruction of the ~Jilding in which the Premises are located ~shall automatically terminate this Lease. l~qZlq~q~ DC~AZN: · ' · ~[If the whole of the l~emises or so much thereof as to render the ,belance unusable k~/Tenant shall be taken Under p~wer of eminent domain, this Lease shall automatically terminate as of the date Of Such conde~,~,ation, or as of the date possession is taken by the condemning authority, whichever is earlier. No award for any partial ~!, or entire taking shall be apportioned, and Tenant hereby assigns andlord any award which mey be made in such taking or condemationt together with eny and all rights of Tenant n~w or hereafter arising h?' in .or to the same or anF part thereof~ provided, however, that .'nothing contained herein shall be deemed to give Landlord eny interest in or to require Tenant to assign to Landlord any award made to Tenant for the taking of personal property and fixtures belonging :', tO Tenant and/or foc the interruption of/or damage to Tenant's business end/or for Tenant's unamortized cost o~ leasehold' ,. improvements. In the event of a partial taking which does not result {""; j%'r" in { t~rmination of this Lease, rent shall be abated in proportion to [>{?i ' the part of the Premises so made unusable by Tenant. ~,(b).i No temporat7 taking o~ the ~remises and/or of Tenant's rights therein under this Lease $hall terminate this Lease or give Tenant any right to any abatement or rent theceunderl any award made to Tenant by reason of any such temporary taking shall belong entirely to Tenant and Landlord shall not be entitled to share therein :.b· ~ :,. , -8- , ,..~ 'occurrence o~ any o~ the following shall constitute a material default and breach of this ~easel )bThe vacation or abandonment o~ the Premises by Tenant. .. "( )crib A= failure' k~/'] Td~d~='{0=pay the: r~t~='or ~ t0 mak e any other paymentb' for ten (10) days after written notice thereof by Landlord to Tenant. [C) >A failure by Tenant to observe or perform any other provision of this ;z,;E.Lease ,to be observed or performed by Tenant, where such failure ~'~continues~ for ,. thirty 7! (30) days. after written notice thereof by i~:'l.andlord to Tenant, ;provided however, that if the nature of such ~.];default is such that'the same cannot reasonably be cured within such=.' {~=thirty-day~period,-:Tenant shall not be deemed to be in default '.~:Tenant shall'. within such period commence such core and thereafter ,i>dilig.tly pros te: th. same to pletion. 'creditors~ the':filing by or against Tenan~ o~ a petition to have Tenant adJu~ged-s bankrupt or if a petition for reorganization or ',.arrangement under any law relating to bankruptcy (unless, in the cese !d]'of a petition, filed against Tenant,'. the same is dismissed within ".i:.j sixty (~0) daya)~ the appointment of a trustee or receiver ~o take " of substantially all 'o~ Tenant's assets located at the :Premises or of Tenant's interest in this Lease, ~tnere such seizure is ~i::i!':'i not discharged withih thirty (3) days. · , .~andlord shall'not be deemed to be in de ult in th performance .; any obligation required to be performed y i hersunder unless a~d .,::~.:.:I.<:. until it has failed to perform such obligation within thirty.(30) after written notice by ~anant to Lendlord specifying wherein :. t.an~lord has failed to perform such obligationl provided, however, that in the nature of Landlord'a obligation is such that mere than thirty (30) days are required for its performance then Landlord shall not be deemed to be in default if it shall co~nence such performance within such thirty-day period and thereafter diligently prosecote the ', ~!?[i?LL'i,~ same to completion. zn'ths event any ,uch tarial default or brea .h by Tenant, ndlord may at any time thereafter, at t.andlord's option and without limiting the in the exercise of any other right or remedy which Landlord may have reason of such default or breach, with or without notice or demand. , .... ", .. '-' .... take ~d of all gi~t ~d rixture~ herein; .... ~.r~ve ~n~t.and all other ~rties ~ing the Praises, usin~ su~ for~ as ~y ~ reasonably n~ssa~ to ~ so, ."<.~ ~th~t ~in~.liable to any pr~tion for such r~ntry or ~or the use. o~ J~ch-~for~.~[~ In su~ ~ent L~dlord shall ther~n ~ entitl~ tto ~er~r~ ~n~t the '~rth, at the ti~ o~ such ~eminati~ o~ the~excess~ i~ ~y~.'o~ the rent ~d other charges lir~ to ~ ~id bF ~n~t hereunder for the ~1~ o[ the te~ [iE this lena had ~t ~en ~ teminat~) over t~ then ?~, reasonable rental value of the Praises for the s~ ~riod. '' ~, ~r~isei a8 pr~ided herein, ~dlord . ,.... ~my re~e ~y pro~rty or-Tenet fr~ the Praises ~d store e~ ele~ere for the a~nt'/and at the e~nse and risk o~ ~n~t ~ and i~ Tenet shall'fail,~'~y ~e ~t of 8tortng ~y ~ch pro~rty after it ' h~ ~ stor~ for.,a ~riod of ninety (90) days or ~re, ~ndlord ~y "~ 'sell ~y or all of ~ch' pro~y at* ~blic or private isle, in such 'm~ner ~d at such ti~s and pla~s as ~ndlord~ in it8 8ole die~etione may d~m '. pro~r~ without noti~ to or de~d u~n Ten~t~ for the ~ent of ~y ~rt of such charges or the r~val of any such pro~rty, and shall a~ly ,. t~ pr~ds of such~salex first, ,to the ~st ~d e~nse of ~ch sale, including resonable attorneys f~s a~ually in~rredx s~ond~ to the ~t Or the ~8t o[ or charg~ for storing ~y su~ pro~rtyl third, to the ~nb oe any other: s~ of ~ney whi~ ~y then or thereafter ~ due ,. , to ~dlord'fr~ ~en~t'~der ~y or the te~ her~fl ~d fourS, the - ,:'.~ '~lves'?'all~'claim~ for ~m~es's that ~y ~ :us~ by '/~ndlord's rMterinq ~ takin~ ~se~sion of the Premises or s~rtnq the pro~rty of ~n~t as 'herein pr~i~d, and will save ha~ess fr~ loss~ ~sts or damgee ~asio~ L~dlord there~, ,' .- '~-~ and no such rMnt~ shall ~ ~nsidered or ~nstrued to ~ a forcible ~t~. OF S~: rlf ~nant'or ~ndlord shall brtn~ any a~ion for any relief aqalns~ ~the other, ~clarato~ or OtheNiM, arising out of this ~e, ;~!~9'~>~,'of the Premises, the losing party shall pay the successful party a ,~,~r~l--!~-'u'~ reasonable sum ,for attorneys fees in such suit and such attorneys 'i <~a?,{fi! L{~fees shall, be deemed to have accrued on the commencement of such ~','~'~',:'.",',anY<litigat[o~iGe~lt~;ted by l. Tenant or by any third party against ~Tenant, Or by"~or~ against any parson holding under or using the Premises by license of Tenant~ or for the foreclosure of any lien for labor or material furnished to or for Tenant or any such other person or Otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant covenants to save and !hold Landlord harmless from any Judgment rendered against Landlord or ':the ,' Premises , or., {any,, part thereof~,and all costs and expenses, including reasonable attorneys', fees,~lncurred by Landlord in or in Landlord 'of any breach of any term, covenant or condition ~.herein contained shall not be deemed to be a waiver of such term, covenant or condition of anVl=subsequent breach of the same or any other term, '~covenant or condition' herein contained. The subseguenn acceptance of rent hersunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, of Landlord's knowledge of such preceding breach at the time of of such rent. Tenant holds over after the term hereof; with or without the express or implied consent of Landlord~ such tenancy shall be from month to month onlF~ and not a renewal hereof OF an extension for an~ further term and in such case rent shall be payable in the amount and at the time specified in Articles hereof~ and such month to month tenancy shall be subject other term~ covenant and agreement contained herein. agrees that u~on' written request 'Of Landlord, this Lease shall be'1 subject and subordinate'to any mortgage~ trust deed or like encumbrance hereafter placed by Landlord or its successors in interest upon its interest in said Premiaee to secure the payment of moneys loaned, interest thereon~ and other obligations. Tenant agrees to execute and deliver, ~[x3~ demand Of Landlord any and all instruments desired by Landlord subordinating in the manner requested by Landlord this Lease to such mortgage~ trust deed or like encumbrance. "~ ~h~e 8e~ forth in ~fcZe 38 he~e~n ~d re~Za~ona a8 my be herealOe[: ~ ~'a~ed and ~bZish~ by ~it~n notice to ~n~ts by ~ndlord for the ~'d~-']~fety,'3Tcaree~d cle~liness of the Praises or the ~ilding ~d the L ~ ~>~'preserntion of ~d or~r therein, are e~ressly ~de a ~rt her~f, and, "~dZo~d",~ahd~,'~n~t.· .as used here~n. shall in~lu~ the' u .~11 as,the' sfn~lar.,, ~rds used in neuter ~r inclu~ the ,: ~in~ne-, and ~rda in the ,~e~line or feminine gender; :he neuter.~Zr there ~ ~re th~o~ Landlord or Tenet. ~tfona here~F<i~8~u~n ~ndlord or ~en~t shall ~ Joint' and severaL:: ~e ~rginal headings or titles to the articles of this ~ase. ~'are '. not :~ a ~rt, o~ -', this ~ase 7and shall have no eff~ u~n the c~etru~{~ or fnte~retat~on o~ ~y ~rt ther~L ,~ additions or i~rov~nts are to ~ installed'by, ,, .~nant or Jts ~ntra~ors, su~ ~rk shall be ~ne in ~lian~ with the (a),~ ~ such ~rk' shall prod without ~ndlor p ~rov 1 ~ a~r~ ~ny~ furnished to ~ndlord by Tenant s ~ntra~or~ in ~a~t a~able to L~dlord for, ~blie liability and ~i~bil~ty..,en~rsedto sh~ ~ndlord as an additional [nsur~ and ;iii) ~il~ pl~a ~d s~ifi~ttona rot such ~rk. ~en r~ired, a ~of ~i~ shall ~ furnfsh~ to Mndlord :the work ie ~n~d. and any work not a~ablo to the ~ula Vie~l~rtmnt of Buildtng~,~nd Housing~ or ~t rea~nably ~ttsfa~o~ to ~ndlordt shall ~ pr~tly repla~d at e~n~.; Notwithst~ding any farlure by ~ndlord to obJ~ to any: ~'euch ~rk. ~dlord shall have no rea~nsibility therefor. All ~rk ~ Tenant' or ~ta ~ntractors shall ~ schedul~ through ~ ehall:'Lre~Ur 'fOr'~'extrS e~nae in~rr~ or ~ r~8on o~ lna~ate cleanup. Tenant or.'its contractors will in no event be allowed to install :/~plumbing, mechanical, electrical wiring or fixtures, acoustical or .{{i integrated ceilings, or partitions over 5' - 10" in height, unless "'approve] by Landlord. f), All; d~ta processing and other s~ecial electricel egui~ment shall be installed only ' with prior written approval of and under the <'if",", ~>' supervision of Landlord or its electrical contractor, 'PARKZNG ~NP cc~t'~q AREAS: "' ' tandlord.=grants. to Tenant during the term hereof the right of non-exclusive use, in common with others, of all automobile parking areas for the building for the accommodation and parking of passenger automobiles of the Tenant, its officers, agents~ employees and customers. andlord designation of any specific Tenant parking spaces, including those of Tenant, shall be in consultation with, and subject to the · ' approval of, Tenant. ;!~':'~:'Tenant and it subtenants, licensees, "concessionaires , officers, employees, 'agents, customers and invitees shall have the nonexclusive right, in conrash with Landlord and all others to whom Landlord has granted or may hereafter. grant righbe, to use the time by Landlord subject to such reasonable rules and regulations as Landlord may from time to time impese~ including the designation of .s~ecific'areas in which Cars c~ned by Tenant, its subtenants, licensees, concessionaires, officers, employees and agents must be parked and including the right to assign specific parking spaces to various Tenants. Tenant a~ee~' after no~{ca' thereof to abide by '!~h'~ules and regulations and to sue its best efforts to cause its subtenants, licensees, concessionaires, officers, employees, agents, customers and invitees to ~/~.conform thereto. Landlord may v,/~<area to make tepeirs oc change8 therein oc to effect construction, repairs, or changes upon the site where the Sullding is located to prevent the acquisition of public rights in such areas, or to discourage parking, and may do such other acts in and to the common areas · as in its Judgment may be desirable to improve the convenience thereef. shall upon request promptly furnish to Landlord the license nunera the. cars operated conc~ss~o,aires, officers, and employ~es~f-Tenant shall not at any time interfere with the rights of Landlord and Other occupants of the Building ~,'~ their subtenants, licen.ees, concessionaires, officers, employees, agents,- customers, contractors and invitees to use any part of the parking areas and other common areas.- Tenant, its subtenants and concessionaires shall not sulicit business or display merchandise within any of the common areas or distribute handbills or other advertising matter therein. Landlord reserves the right to have '.;,,: .:. .'., . ,<. ,t~be~. e~essly a~r~d ~ha~ ~he relationship ~en the ~c~e8 ~s ~d shall r~n a~ all t~s that o~ Ten~ ~d ~dlord. ,.. pledging ~d subletting, this ~e is inten~ to ~d ~s bind the heirs, exe~tore, a~nistrators, suc~ssors ~d assi~s of any and all of t~ ~rties hereto. eh, S .'.""' . · ~;~.';~ ;.~.'~:r.~.~,~,;, .-; ~-::.'.~ ,:~;~%'~7=,~:::~;,' ~;;:.. ?c.~: ,;t,:' ~;"~'' Ti~' if of the'esSe~' of this ~ase.'=~:'~; ;~] ' .- .. .: ", :"" ,~e 2~nant' a~' the' e~lra~ion '0~ earlier termina~i0n o~ this ~ase~ and '~ Co pr~is~s her~, ~ill surrender and deliver up said ~remis,a to ~he ~dlord, o~ those having the ~ndlord's ea~a~e ~herein, in the am ~nd[~ion as the Ten~ n~ r~ives the P~isea, ordina~ weac and tear ~d dmge bF ~re and the el~n~s alone unenf r ~1 ~ th reminder of' thi ~ase shall n~ ~ aff~t~ ', :~.,~d each term and provision,of this ~ase shall ~ valid ~d be ;~ the [ullest extent ~rmitt~ by 1~. , oce e~ e s "~'Z~"~nEtrU~nt along with any 'e~ibits' a~d '~tta~nts hereto ~nstitutes' the entire agr~nt ~t'~ L~dlord ~d Tenet relati~ to the Praises herein describ~ and thi~ agreefit and the exhibits and attach~nts ~y ~ alterS, a~nded or revoked only by an inetru~nt in ~iting sig~ by ,,, ,~th ~dlord and ~nant. ~ndlord and Tenet agr~ herey that all prior , ., ' or ~nte~ran~us oral agr~nts relatf~ to the leasin~ of the Praises ' "' are ~rged in or r~oked by this agr~nt., h' · i · ' " , ' -14- t: ~Jil]::'.~nant'shall execute, 'acknowledge and ~eliver to ~andlord at any tim within ten (10) days after request by L~dlord, a state~nt in writing ~ti~i.{m ~ SU~ ) the ~se, that this lease is un~dified and i. full Ester and e~f~ (st ~ there have ~en ~difi~tions that the aM is in ~dlord shelf f~ahl~ r~ms%, Tt is ackn~l~qed bY ~n~t that ~ staterib 1m int~ to ~ delivered ~ n~dlord ~d reli~ u~n pr~=ive ~cdmmecm~ ~rtga~e8, ~ne~iciarse8 ~det ~ uE um~Nm thec~, .as of the rights granted ~n~t by the tern ln~ri~, displayS, print~ or affix~ on or to ~y ~rt of the ~nd~ocd~ fica~ had ~d ~ta~n~, ~d ~ndlord shall ha~ the to C~ve any such ~ionable si~, pla~cd, pi~ure, a~ettJa~n~, n~ or noti~, without noti~ to ~d at the e~n~ of Tenant, ~' ... ~ ~ Mllet~n ~rd or dir~ory of the mflding will be provided exclusively for t~ display of the na~ ~d l~tion of Tenet only; and ~ndlord reserves the right to exclude any other n~s therefr~, al~ to ~ke a reasonable charge for each ~d every nm, in ;~[.x,a~it[on ~ ~e nm of ~n~t, plaid by it u~n such ~lletin d~c~ W ~ndZord ~d no ~dng or ~t~in~ for w~ree or ex~sed will M aZZ~ except with the prior ~t~en ~nsent MndloM. ~e Xo. tim of telephones, call ~xes, ~d o~hec ~ul~nt' affixed to the Praises shall ~ prescri~d by ~ndlord. ~y installatfon In violation or this ~ragra~ ~y ~ re~d ~ Mndlord at ~nant'e egnse. ~nant ~hal~ no~"~llN ~hfng to ~' pla~d against or near the wln~ in the ~a~ or in th~ halls, ~rridore, ~lk~ at all tims~ ex~ ~en in a~ual u for ingress ~d qreBs. Se ~e entde8~ ~saRqes and stalcways shall not ~ obst=ucted by fen~t~ o: us~ ~o~ ~y othe: ~se than tn~:ess oc ~tess to ~d ~ thel: ~eo~tve office, ~n~t 8haZZ not b=lng ~nto o: v[th[n the Building ~y ant~Z oc veh~eZe without the p:to: witten ~nsent of ~ndlord. kagentl and'all moving o{ san~, ,Into or ~.l~. ne building, by ~enants or [the~ agents,~shall.,:~.~ne at ~ch t~s ~d ~n suc~ ~mn~: af shall ~ee~ate, ~n41o~4 shall have the t~ht to 'size ~d ~sition o( all .fee ~d other hea~ pto~rty 'bright into ~e' building, and also the ti~s and Nnner .~[ ~in9' the S~,inLL~.oUt o~ the bulldin~. L~dlo~d will no~ ) re~nsible ~or.loss o~oc ~e to any su~ sa~a oc ~c~rty ~y?.~u~ ~all:~.da~eu.~. to the ~ildin9 by ~in~ or such ~(e o~ probity shall ~ re)ired a~ the ['ex~se o( Ten~b',~ ~ndlor6 ~igh~ ~ oc e~l ~ ~he buildt~ any ~o, in its .sole ~ud~ntm shall in ~y runner ~ ~y a~ in o~ ~y o] the [ules ~d radiations o~ the building. ~'at.the offi~.of the bui]ding, )ployees o~ ~ndlord shall not ',~ork' or ~ ~ything ~tsi~ o( their re~la[ duties : unless ~r~"s~c[al instru~ion8 [rom the o([f~, and no w(ll a)ft ~y ~rs~ (Tenet cc cthe~tse) to ~y o~rl~ vi=h~t tnstru~ions [r~ the 0(~[~ o( the building, . ~'...:~,-~...:.~ m used,fn'~n by Tenants shall M subJ~ to such re~lat(~s clue ~dk~p loc~ 811 said ~:s o[ the building during ~ ..:as'~ ~ndt~:d ,my ~m to ~ adv(sablm fo: th, ad~ttm ths p:o~ty, .Al1 ~sn~tsm thmt~ ~l~sm o: oth~t~ ~tsons enter(rig o:.1~aving the buildtn~ at any tim ~an It Is so: ths wa~chNn in vha~gs ~' ~,fuss to a~t to th, butt4tn~ ~'tt is so l~kedm )n~: or any o( Tenantms ~loyessm o~ ~y oth~( · .= ~ F' ~s~ vtth~: a ~ss pr~tously arranged, ~ndlo:d assu~s no ...~ res~nsibtlfty ~d ahatl not ~ liabls for any damge resulti~ from ~y error In t~atd to any much ~ss or [r~ the a~isston o~ an ~uthortz~ ~ts~ to the ~tldi~, . t to ) inm~lltd ~ )nan~ with~ prior ~itten ~nsent o~ Landlord.. Xll approved signs o* lettering on doors or windows shall be printed,::' '.Ij~painted, a~fixed or. lns~i~ at e~nae o~ ~nant by a ~rson '~.:~of. ~y~win~,~d~r, ~rtition or wall ~ich my a~ar ~,~:~;,{ fr~ outside the Praises. ~=~.~,~., ~,,'~,.,, , ,::. , . (o) ;1 ~ toilet r~ ,' urinal , wash ~la ~d other a~ratus '; ~., u~ for a~ ~r~e oth~ . th~n t.~t fo~ ~ich they ~re =: { ~-. _.. ~nstcu~ed and no' forei~ s~stan~ o~ any ~ind whats~ver shall ~ 'f ~.~7~J~i=;~L~i;.thr~ therein and the e~nse o~ ~ br~ a~, s~ge or dmge ,f ll;resulttng frm the'.~%'iolaLlon o~ 'this rule~shall ~ ~rned by the [~T~t ~o; or ~e' ~ploy~s or invites s~ll ha~ caused it. : ~. ~p)~',~n;~"~hall%'~:;:~Verl.d ~he fi~r O~ the Praises Or ~rk, drive [<:r nails, 8crw or drill into ~e ~rtitions, ~rk or plaster or ?~ ~y way de~a~ t~ Praises or any ~rt ther~r.~;~,:~;:: '. ,,:,,: :.~ [q))Ten~'sha'. or kHp:in the.Praises or the Bull ing inflatable or'~ustible fluid or mterial~ or use any mth~ of': or air ~nditioning other th~ that ~li~ W L~dlord. 1: '(r)iS' ~' ~ndi~g' ~chine 8r ~nee or any description shall ~ insulin, ~ ;= ~in~i~, or.o~rated u~n the Premises without the witten ~nsent . ~;[ of the ~dlord. ,,, , {,' ~,; ',.~. ~ ~ : . S~:V~ant'.shall nSt.crea~e"nc~' ~rmit any ,x~ssive noise or other nuisan~ ~trj~ntal L to the other ~ of t~ Building or: the ... ::.' ,surr~nding area. ,~,.,.;~1~ {.~.~i{~.~<,~zv~,.k~ch; ' . building and shall ~rate ~ prevent eolfcitin~ or ~nvassing b~' ~y'nott~t d~nd,' or ~nl~tion un~r or in ~nn~ion wi~ this '~ase ~y ~ served u~n t~dlord by ~rsonal servi~, or by mil~g the =era ~ r~istered ~il in the ~ited States Post ~fi~t ~stage pre~id, t. ~:~d dir~tfl to. Landlord at 315 Fourth Avenuet Suite E, ~ul8 Vis~, ~: ~..~;,9:alO,.. or at such Other pla~ or pla~s as either ~rty my fr~ ti~ ' by c~ecjq~ty ~. Cox, myo: -' " ~ 2885A ..... '~:I.,' :-':' ' -" .,,, .,~ ~ ~;-.~, :,.,, , .-.,. .-~- :!:, -; -- ;~.!.: ~. ,...,. . - .., ., ~.~ , .- .