HomeMy WebLinkAboutReso 1989-15248 RESOLUTION NO. 15248
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND ZOGOB ENTERPRISES FOR LEASE OF OFFICE SPACE
FOR THE OTAY RANCH PROJECT TEAM
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and ZOGOB ENTERPRISES
for lease of office space for the Otay Ranch Project team
dated the 8th day of August , 1989, 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
planningre~l, ~irector of [~T~omas J~rron, City Attorney
0374a '
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
urfULA VISTA, CALIFORNIA, this 8th doy of AuSust
~9 {~9 , by the following vote, to--wit:
AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
City of Chulo Visto
ATTEs, -
3/city c,.rk
~TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 15248 ,ond thor the some hos not been omended or repeoled
DATED
City Clerk
CC-660
LEASE OF SUITE "A" Revise~ 8/8/89 ,:.,~,
~-., ,. ,,.. .' .. .. ,..
'{{,..:,
~roxim~ size d l:ti~ o{ .'~'.,pr~s~.~is*:'ad~'.here~" as ~i~~'
· A" ~ m~ a ~r~ her~f,'
~e rate of Six ~dr~ Slay: ~11ars
1. ~: .-=.,
· .~
~ tern of this ~ue s~1 ~ on'~st 15,-1989 or ~letion 6f
~ ~m shall end o~ ~nu~ ~fore' 'a~ el~n mnths foll~tng
t~ ~~t ~, T~t's~11 ~ ~e o~tm.~'ext~ ~t~ tern
for ~ a~ttton~ six (6) ~n~s~.u~: at l~t ~trty (30) ~ ~ttten
renditions ~ r~t
~ r~t for ~e Pr~s~
~lor~ wt~ ft~ ~'.aft~
retur~ ~ ~ar~ at ~i~ of ~ord.
· ~ of ~ six (~)
du I ~ f a 30 da th
hmreinafter pr~i~d in this ~ase.,. ~id r~t and additional rent
hereinafter s~ti~s referr~ to ~lle~ively as the "Rent." ~e
~xes ~e:ren~l ~yable un~E Article 2 of this ~ase
shall ~ adJust~ 'for ~ual=. increase in the real estate ~xes ~d
.1,led u~n ~d asseZsed against the proses for each
o[ the term of this ~ase ~e: ~d a~e the uxes for ~e first ..
~ar',of~the',tem.L. her~f during ~ich=the building of whi~ the
~emises =~are a. ~rt~includtng the i~rov~nts theru, shall have
~..fully~assess~'~for taxes-as ~leted proses by the tax
ores offi~,,'L-~ch in~ease in Uxes shall ~y~le within' ~
(30) days. after the end of the ~l~r ~ar in ~ich ech of.
· said fis~l= tax'years ~n~, ~d u~n re~ipt ~ Tenet of a ':
~sUt~nt in ~iting fr~ ~ndlord setting forth the ~unt of such. :. :~,
on the praises shall a~r~ion~ a~rdtn9 ~o ~he fi~r:. :~ .~'c: '.'
ar~ o~ t~ pr.ises~ 'a~ i~ rela~e8 ~o ~he ~o~al leas~le fi~: area
~he: buildin~ o: ~ildings~ as ~he ~se my ~, ~or: ~ich a '~
~ee~ra~e asses~n~ shall ~ m~, and ~ich buildt~ (o: build
?~y Such U~ in~se ~or ~he yea: in ~ich ~his ~ase ends shall ~
a~:~t~ and ad~um~. Wi~h res~ ~o ~y asses~n~ ~ich my ','
levied a~ins~ oc ~n the praises ~d ~i~, under ~he laws ~hen ',.,
in foray'my ~ eviden~d by i~:ove~n~ o: o~hec ~nds~ o: my ~ ,,
the am~t of such ~nual installer or ~rtton ther~f
a tax increase, (with a~ropriate proration for ~Y
year) and shall have no obligati~ to ~ntinue such ~n~
the termination of this ~ase. ,
~o tom 'real estate taxes" as used Merein shell ~ ~ to ~
tll Uxes t~s~ u~n the real pro~rty and ~nent i~rov~nts
~o~ ~i~ t~ pr.,lees are a ~rt and all asses~nts levied against
real pretty, but shall not tnclu~ ~rsonal in~m taxes,
:'~rs~al pro~rty taxes, inheritan~ taxes, or fr~chise taxes levi~
a~ins~ the ~ndlord, but not dir~ly against said real pro~rty, =c..
thigh ~ ~xes shall ~ a lien against said real pro~rty..
,.i~'~(ej "Reatal;Ta~es; tlpon written notice 51, ~nalora, as additional rent
~':'ubtli~l~-.as-eeb ~orbh in gxhibl~ "a" aCtached hereCo ~d
~iHtte9 a~d setvies ~d for by ~ndlord shall ~ ~u=ntsh~ ~0 the
praises ~ly during reasonable ~tldtng hours as the Bm my ~
.~Eaul~ under ~y of ~he pr~{e[~a oE ~he ~a~ ~d
r~la~ons oE ~he bu{Zd~ng,. ~ndlocd shall ~ ~he sole ~udge
~e~on8 her~E~ and any add{~onaZ eerv~e or u~l~ea
~ ~ ~n~ provided by ~ndlovd wl~h~ ~he written
oc uses an ex~aa~ve amun~ o~ a{VCnd~on~ngt hea~inq~ qaa~ eZ~vic~
or va~ert ~ndZovd ceae~ea the p~lvll~e ~0 cha~ ~enan~ fo~ such w~e
o~ ex~ss mun~ o~ qaat. eZ~dc~y oc wa~ec~ which chavqe ~na~
i'.AlZ ~ani~orial servi~ ~oC the leas~ pr~se8 shall ~ ~cformd ~rtng
:]nonbusiness h~rs (~t~en 6:00 p,m, ~d 8:30 a,m,), All ~reon8 or f{cm
l~k~t~, other l~r trebles or other ~ndit~ons ~nd ~ndlord'a
reasonable ~ntrol, and Tenant shall not ~ entitled to
shall any such fa(Zure relfeve ~nant or the obli~ation to
;ren~ rese~ed here~n or $stitute or ~ ~nstrued as a ~nstructive or
~n~t shall use and ~W the Premises for the folZ~ing ~se:
;'offi~ relat~ to prov~: mnici~l services ~n ~nn~tion with the
~l~fn ~ny a~lication for ~ay Fanch develo~nt and shall not use
or ~ the Premfses for any other pur~se without the prior ~itten
ransent of ~ndlord. ~nant shall not use or ~ the Preises in
violati~ of law or of t~ ~rtificate of ~p',ln~ fssued for the
~ilding Of ~ich the praises are a ~rt, and shall, u~n (5) days
~itte ~ti~ frm L~dlord, dis~ntinue ~y use of t~ premises ~ich is
:y
{=~{e~=with any direction of any governmental authority having Jurisdiction which
~.,pr~ises or ~th res~ to the use or ~tion ther~f. ~nant shall
~l'.'~ ~t ~ or ~t to ~ ~ne ~hing ~ich will invalidate or increase the
~h'~,"~st of, any fire.and exten~d ~verage insuran~ ~li~ ~vering the
~y..other org~izati~ ~rforming a similar f~ctf~. Tenant shall
pr~tly ~n ~nd ref~urse ~ndlord for any additional pr~ium charged
.for su~ ~1i~ by reas~ ,o[ Ten~t's failure to ~ply with the
~r~jsions of this ~ragraph. ,<<;_ a=~= .
~I~ O[ ~ '-- ':
.............
~de ~y representation or warranty with res~ to the ~remtses or the
~'.lbuilding or ~th res~ to the suitability of either for the ~ndu~ of
=~n~t's business ..... ~e taking of ~sseesion or the Premises by ~nant
shall ~nclusively establish that the Praises ~d said Building were at
,~ tim ~,,vlete ~d in satisfactory ~ndition (ex~ for latent
'~E~s) unless within-ten (10) days after such ~te Tenet shall give
'~ndlord ~itten noti~ e~i[ying in reasonable detail the reset8 in
~wh~ the Pr~fee8 or the ~ilding were no: ~Zete and in satiafa~ory
~ditI~ ex~ for ~y ~rk to ~ ~pleted ~ ~dlord a8 ~ forth in
~nant shall mke no alterations, ad~tiona or J~rovemnts to the
~ Premises wither the prior ~tten ~nsenc o~ ~ndlord, and ~ndlord
my ~se~ as a ~ndition of 8uch ~nsent such r~u~r~nt8 as
~dlord in it8 sole d~ecretion my d~m reasonable or de8irabZet
n~Zuding, wither ~imit~ng the generality of the forqoing~
~ r~iremnte as to the ~nner ~n which, the ti~ or t~s at ~iChe
~d the ~ntra~or ~ whom such ~rk ~hall be done. ~1 such
.eratf~8, addiris8 or i~rovemnt8 shall ~ the pro~ct~ or
~:~-,~ndlord~ and ahall ~ surrendered vfth the Pr~ses, 88 a ~rt
C~, .-~ ther~f, at the end of the term hereof, ex~pt that ~dlord my~ by
~:-;~,wr~ttfn not[~ to ~nant given at least thirty (30) days prior to the
of tern, r~ire Tenet to re~e ~y or all ~rtition8,
, railings and other i~rove~nt8 ~nstalled by ~n~t, and to
~y damges to the Premises fr~ such re~val, all at Ten~t'8
~, ~le e~nse .... -
~1 "~ articles of %", ~rsonal pro)rty and all business and trade
fixtures~ ~chinery . and ~i)nt~ cabinet~r~, furniture and
'~veable ~rtitions M~ by )nant or installed by )nant at its
. .. f~:': , -4
'expense:,in'the Premises shall be and remain the property of Tenant
and my be removed by Tenant at any time during the lease term when
"- Tenant is not in default hereunder. Landlord may, by written notice
Tenant upon the termination of this lease require Tenant to remove
all of such property and to repair any damage to the Premises or the
!:./' Building caused by such removalw all at Tenant's sole expense.
....... ,;.'.,: Premises ar~situated, free frem any mechanic's liens arising out of any
r work performed,. materials furnished or obligations incl/rred by Tenant. and
,-failure by Tenant to inmediately reimburse Landlord for any attorneys fees
.and. costs incurred by Landlord growing out
material breach of,this Lease. ~
liable for an4 shalf' a' ' before delinquency, taxes levied
personal property or trade fixture placed by Tenant in or
about the Premises.,~,~f any such taxes on Tenant's personal property
5trade fixtures are levied against Landlord or Lendlord's property and if
Lendlord, aftez'. written notice to Tenant~ pays the same, which Landlord
shall have 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
fTenant and if Landlords: 'after-written notice to Tenant, pays the taxes
based upon such increased assessment, which Landlord shall have the right
do'regardless of the validity thereef, Tenant shall upon demand, as the
:oas~.may be, repay to. Landlord the taxes so levied against Landlord, or
the";': proportion.. of'. such ,. taxes "resulting from such increase in the
assessmentJ provided that;', in any such event Tenant shall have th~ right,
in the ,n~ne of Landlord and with Landlord's full cooperation. to bring
suite in any cour~ of competent Jurisdiction to recover the amount of any
such taxes.. Any amount so recovered shall belong ~o Tenant. Landlord may
t require Tenant to agree 'to indenmify Landlord against any' costs o.'.
expenses, including reasonable attorneys fees, which may be assessed
Landlord in such suit'. by Tenant or incurred by Landlord in
~.connection with such suit by Tenant..~,
~
10. CARB OP PREMIFFZ:'~ }: .l
I take good care of the Premises and fixtures therein and shall'
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
or employees or by its visitors while in the Premises.
.-.i
t~?~--~-,-~ .. fo[ an unreasonable time after written notice of the need for such repairs
or is given to Landlord by Tenant. Except as provided in
Article 16 there shall be no abatement of rent and no liability of"
by reason arising from the making of any repairs, alterations or '<
in or to any portion of the Building or the Premises or in or'-
fixtures~ appurtenances and equipment therein that merely causes Tenant
so~e minor inconvenience during the tenancy. Tenant waives the right to
make repairs at ;andlord's expense under Section 1942 of the California
CiVil Code, .~,:.'.,.~: ~,?~ .,. ~ ~,.~,',~,~ . "i.'
],2
.~ ',~' ,'!,,:, ~!!~, ~,i:~ '.~;"
pacmit ~ndlord and'its-agents to enter into and upon the'
l>remise~ a~, el1 reasonable times durincJ noel business hours for the
porl~ose of ln~pecting the ssme~ or for-the ~url~ose of ~rotectincj the ,,','
-, interest therein of f~andlord, or to post'notices of nonresponsfbility~ or,..'
meke alte~stions o~ ~ddi~,~.ons to ~the Premises or to 8ny other portion 'i;'.,
the ~uildincj in Vnich the Premises ere situated, including the erection ;';~
~ of ecaffolding~ prop~ or other mechanio~l devicee~ or for m~intsining any .
8ecv~ca provieed,~,Landlord, to Tenant hereunder, without ~y ret~te of, ~l:,,,~'
to Tenant ',or 'qulet,en~oymen~ of the Premiees~ or inconvenien~e
ocr~sion~, anct will ~ermit ~ndlord, at any time within thirty./
(30) dsys prior, to the ex~lrstion of this lesee, to bring upon, the
# for purposes of inspection or displsy~ prospective tenant8
thereof,
agrees to hold Landlord harmless from and to indemnify Landlord
any and all claims arisin~ fro~l injury to persons, loss of life or
rda~age to property occurring in or abo,t the Premises and from and against
and all costs, expenses and liabilities incurred by Landlord in or in
i with any such claim or any proceeding based thereon, to the l
~. dxtent such injury, loss of life or damage arises out of the willful act
or negligence of Tenant~ or its officers, employees, servants, agents,
, invftees or licensees. Tenant agrees at all times during the
, term of this Lease to keep in full force s liability insurance policy
satisfactory to Landlord with single limit liability of not less than'
Three ~undred Thousand Dollars ($300,000) and naming Landlord as an "also'
insured."., Landlord shall not be liable to Tenant for any damage to the I.
.see or "any loss, damage or injury to any property of Tenant
:~therein Or thereon ,'except,, as specifically herein provided. Landlord ~'
..hereby waives the requirement for insurance,,.understanding that Tenant is"
self-insured public entity. .,
WAIVER OF SUBROGATION: ' j, ':..,_
Party hereby waives its r ht of recovery against the other for any ,, .... -, :
,losses insured acainst under ~h", -.tand~-rd fo.~. of fir.- Inm:r~nce ~e!l,l~, "=
--.~-,I,~I--,:-!-.-with extended co~erage endarsement approved for use in California by the
]~'- Pacific Fire Rating Bureau or its successor, provided this is permitted by
its insurance policies, or by endorsement thereon which such waiving party ,
my obtain at no cost and without invalidation of the policies. , ,,f.~,~.<
5~ ASSIGN, rENT AND S~LETTING: .-':~,b.!d~'.;'..'.;..~<i.,.' ,'c '
'i~an~!ehall nO~;' ~i~{,~r' voluntar'tly or by o~eration of law, assign,
enou~ber, pledge or otherwise transfer all or any part of Tenant's
leasehold estate hersunder~ or permit the Premises to be occupied by
r ,'1 than' Tenant' or Tenant's employees~ or sublet the
~~any,~portion 'thereof without Landlord's prior written,
eachJ instance~ Any collection or acceptance of ren~ by
Landlord from any, person other than Tenant shall not be deemed a
of~ ', any - provision of ,: this . Article, nor shall any such
l=~,-acce.~tance of rent-on behalf of Tenant be construed as Landlords
~]rlconsent to any asei~ment or subletting. ,~,,..,,, _
>/'~:";'=' ..... '~'f~a"'~&~any'~*~s~gnment"or subletting by Tenant
shall relieve Tenant of any obligation to be performed by the Tenant
tinder this Lease, whether occurring before or after such consent, =, .
~;' assignment or subletting., The consent by Landlord to any assignment
or subletting shall not relieve Tenant from the obligation to obtain
Landlord's express written consent to any other assignment or
,, subletting. ",. Any assignment or subletting which is not in compliance
with this Article shall be void and shall, at the option of Landlord,, , .
"TRANSF~ OF, LA~)LORD'S IN,rEKEST:
of any transfer or transfers of Landlord's interest in the-
Premises or in the real property of which the Premises are a part, other
transfer for security, purposes only, the transferor shall be
~automatically relieved of any and all obligation and liabilities on the
pert of Landlord,accruing from and after the date of such transfer,
~ed such obligations and liabilities are assumed in writing by the
.ansieras.
7,~D~ ~- DESTR~"TIONt
~ if the ;=e~ses o= the ~ldtn~
under:: the ,'stan~td fore of fire tnsuran~ ~1t~ with extended
'~vera~ endorse~n~ the ~ge shall ~ re~ir~ by ~d at the e~nse
· 'Of ~ndlord,,,,provided su~ re~irs ~n, in ~ndlord's ~tnion,
~{~hi~ ~-ntn~;( 90 )~ da~. alter t~ '~ menc~t of re~1rs without the
r~t.,sha11,:~ ~at~ ,in pro~rtion to the ~rt o[ the
~usable by ~n~t in the ~n~ of its business (but
there sha11,~' no a~te~t of rent by reason o[ ~y ~rtion of the
~r~tses ~ ;unusable* [or, a ~ri0d ~al to one ~y or less). If the
is ~e-to the'.[ault or n~l~ of Tenet or its ~ployees,
a~ntsr: there shall ~ no a~temnt of rent.
~rea~n~ly:~ntinue'to ~ ~d use his s~ in its
of,:business,~then.~n~t,shall~n~inue to ~y rent. ~dlord
shall ~ given 90 ~ fr~ the ~rren~ of the dm~ to ~ke re~irs.
~'le such.re~irs are not, ~leted within the 90~ay ~riod, ~ndlord, a~ ,
~,his . o~i~,~my,~. ~inQ' ~tt~,pTen~t~s ren~ until ~ch re~irs are
'~leted or~i~ .~dlord"'el~s ~ot to a~te ~nant's rent, ~n~t shall.
~ , the ,:-~ r~ght.~ ~ ~ teathate ~ the refining ~rti~ of the lea~.
~ .
~ndlord'S'=' el~ion ~ to .rake: such r~ir msu ~ evi~n~d by ~itten
~ti~ . ~ :'[ Tenet. a~ising T~t within thirty ( 30 } days after the
of the damge whether or' ~t ~ndlord will rake such re~trs.
,With" ~t&h~dlord is oblig~t~ to remlr or ellis
~to r~ir, ~n~t waives the, provisions oE ~iong 1932 (2) and 1933 (4)
witt~ no~i~ ~ the ether c~1 this Lease as of the date of the,,
~rren~ of such d~,,, - L,:L-
~11 aUbMbt~llF terminate this ~aM.
(a) If' the ~ole of t~e roeraises or so inch ther~f as to r~aer the
'~la.~ ~us~le ~ Ten~ s~all ~ taken ~r ~r of e~nen~
h','. ~in, this ~ase shall aut~i~lly ~ermina~e as of ~he ~te of
su~ ~mati~, o= as of ~be da~e roesession is taken by
'?" ~n~eming authort~y~ ~ichever is earlier. ~ award for any ~ctfal
or entire taking shall ~ a~ttion~, ~a Tenet hereby assi~s to
~ndlocd any award which ~y ~ rode in such ~king or ~ndemation,
~ether with ~y ~d all rights of Tenet n~ or herefief arising
"in or to the s~ or ~y ~rt ther~f~ provided, h~ever~ that
nothing ~O~ained' herein shall be deemed to give Landlord any
lnterest 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 for the Interruption of/or damage to Tenant's
business and/or-; for Tenant's unamortized cost of leasehold
· improvements. In the event of a rertial taking which does not result "
a termination of this Lease, rant shall be abeted in proportion to
: the pert of the Premises so made unusable by Tenant.
-. or under this Lease shall terminate this Lease or give Tenant any
right to any abatement 0f rent thereunderl any award made to Tenant "'
by reason of any such tenorsty teking shall belong entirely to "'
and ~ndlord shall not be entitled to share therein. ' '
Th~ 'occurren¢~ ~ any of the following shall constitute a material default
and breach of this Lease.. }j. -
s) . ~n~ vacation or abandonment of 'the Premises by Tenant.
~ failure by Tenant to pay the rent, or to make any other payment- .'. ~".' "'
r~guired to b~ ~ade by Tenant her,under, where such failure continues ....
ten (10) days after written not!ca thereof by Landlord to Tenant.
," (c) A failure by Tenant to observe or perform any other provision of this "
Lees,-to be observed or performed by Tenant~ where such failure ...
continues for. thirty i (30) · days after written notice thereof by
.';..Lendlord to Tenantl, provided however, that if the nsture of such
default is such that the s~m~ cannot ~essonsbly be cured within such
: .,.., thirty-day period, Tenant eha~l not be deemed to be in default if
, Tenant shall within such period commence such cure and thereafter.
i,l;."., diligently prosecute the 8am, to completion. '
mkin nant of 'g;nera .sight for the nefit or ",
creditors/the filing by or against Tenant of a ~etition to have "=',
Tenant adJudged a bankrupt or if a petition for reorganization or "':'
arrangement under any law reletin~ to bankruptcy (unless, in the case
of a petition filed against Tenant, the sa~e is dismissed within,
sixty (60) deys)l the apt~ointment of a trustee or receiver to take.
possession of substantially all of Tenant's assets located at the
Premises or of Tenant's interest in [his Lease~ where such seizure is .
['''' .- no~. discharged within thirty (3) d..ys. .
Landlord shall nnt be deemed to be in default {n the performance of
any obligation required to be performed by it her,under unless and
until it has failed to perform such obligation within thirty {30)
dave after written notice by Tenant to Landlord specifying wherein
Landlord has failed to perform such obligation~ provided, however,
at 'any .time'~hereafter, at Landlord's Option and without limiting the
Landlord 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.
any or remedy permitted by law for such
material default or breach,of lease by Tenant including all expenses,
commissions ~ and charges~ ~ including attorney~s fees~ which Landlord
!:may..have Paid orb:incurred in connection with such action.
'~andlord's election to terminate
~,.;..!;thie Lease~ re-enter the Premises with or without.process of law and
pessession of :the same and of all egui[~ent and fixtures herein,
and or !~ remove .. Tenant and. all other parties occupying the
using such'force as may be reasonably necessary to do
~{!without being liabh to any prosecution for such re-entry or for the
~.' use · of ' such: force.~.,= In . such event Landlord shall thereupon be
entitled ; to Tecover:,?fro~.Tenant the worth, 8t the tim of such
;termination,~of,.the:excess~ if any, Of the rent and other charges
required to be'paid by Tenant hereunder for the balance of the term
bed. ,or bee, ,o t rmin,te ov. the the,
reasons Is rentaIj~vaIue~of the Premises for the same period.
Whenever randlord shall' re-enter the Premises as provided here~n, Landlord
any property;of ,Tenant from the Premises and store same
for the account;! and at the expense and risk Of Tenantr and if
Te~ent-shallofail to pay the cost of storing any such property after it
has been stored for 8 period of ninety (90) days or more, Landlord may
eel1 any or all of such property at public or private sale~ ~n such m~n~er
and at such timas and places as ~andlord, in ~ts sole discretions
pro~er,~ withou~ notice to or demand upon Tenant, for the peyment of any
pert of such charges or the removal of any such property, and shall a~ly
i, the proceeds of such sale~ first,. to ~he cost and expense of such sale~
T inc~uding reasonable attorneys feed actually incurred~ second, to the
p~Vment of the cost of or charges for storing any such propertyt thirdt to
the ~a~ent of any other sums of money which may then or thereafter be due
to randlord.from Tenant under any of the terms hereof~ and fourth~ the
!balence, if any~ to Tenant. :;. ..
'Tenane~here~T:'~i~es:',~{~'i claims for damages that may be caused by ..
.~Landlord'a re-entering and taking possession of the Premises or removing
and storing the property of Tenant as herein provided, and will save
'Eandlord harmless from loss, costs or damages occasioned Landlord thereby,
[and no such .re-entry shall be considered or construed to be a forcible
O0~T OF !i< .= :;
(a) ;=If. ~!'sha11 any action for any relief against
k.the .otherW!<==~declaratory= or {otherwise, arising out of this Lease,
including any suit by Landlord for the recovery of rent or possession
the Premises, ethe losing party shall pay the successful party a
<reasonable sum for{~attorneys fees in such suit and such attorneys
shalI~ be/deemed to. have ~'accrued on the commencement of such
iaction and shall be.paid whether or not such action is prosecuted to
;' (b)=.=' Should Landlord; wittio~t fault on Landlord's part, be made a party to
... '/. any =litigation instituted by Tenant or by any third party against
or by or~.aaainstlany parson holding under or using the
. ~remtses by license of Tenant, or for the foreclosure of any lien for
labor. or material furnished to or for Tenant or any such other parson
'..or otherwise arising out of or'==resulting from any act or transaction
Tenant or of any such other parson, Tenant covenants to save and
hold= Landlord harmless from any Judgment rendered against Landlord or
.the ~Premieesgzor~'.[any,!p.~rt".=' thereof, and all costs and expanses,
including'.ireasonable attorneys'~ fees, incurred by Landlord in or in
~'~connection with such litigatton.<.!'~.. .
WAIV~ OF BREACh: [~= ~
by Landlord of any breach of any term, covenant or condition
herein cobrained shall not be deemed to be a waiver of such term, covenant
or. condition of. any subsequent breach o~ the same or any other term~
[coVenant or condition herein contained, The subsequent acceptance of rent
by Landlord shall not be deemed to be a waiver of any preceding
bread1 by Tenant of any term, covenant or condition of this Lease, other
!'thee failure of Tenant to ~ay the particular rental so acce~ted,
of Landlord's knowledge of such preceding breach at the time of
o~ such rent, =, == ,. . ,, .....
f~'~e~ntholds over ~fter the term hereof, with or without the express or
consent of Landlord# such tenancy shall be from month to month
and not a renewal hereof or an extension for any further term and in
hereafter-plEced,by,~Landlord or its successnr. in interest upon it~
~.interest in said Premises to secure the payment of moneys loaned, interest
thereon, and other obli~ations. Tenant agrees to execute and deliver,
Landlord ,any and all instruments desired by Landlord
in' the manner requested by Landlord this Lease to such
mortgage, trust ,deed or like encumbrance.
AND
including but not limited to'
those set forth:'~n Article 38 herein and regulations as my be hereafter
adopted and published by written not{ca to Tenants by Landlord for the
safety,', ere and cleanliness of '.the Premises or the building and the
preservation of good .order therein, are expressly made a port hereof, and
Tenant agrees to comply with them.
to '! comply with-:' suoh a rule or regulation shall not include
termination of this Lease. Landlord shall not be liable to Tenant for any
violation of suoh rules and regulations by any other Tenant.
'...The words 'LandlOrd'. and "Tenant," as use~ herein, shall include the
plural aswell a8 the singular. Words used in neuter gender include the
.masculine'and feminine and words in the masculine or feminine gender,..
the neuter.7~,Zf there be more than one Landlord or Tenant, .the.-
rotions hereunder imposed upon Landlord or Tenant shall be Joint and
several. -The marginal heading8 or titles to the articles of this ~ease
;~ are .. not , a part of.. this-Lease and shall have no effec~ upon .the
construc~cion or interpretetio~ of any part thereof. ·
, ADDITZONS OR ZMPROVEMENT9 BY TENANT:
a)' rANDCORD IMm)VEM~'NTS':'h' The ~andlord hereby agrees to provide new
carpet Suite A with appropriate new floor covering
~n the bathroom area. A reasonabl~ good commercial grade of material
be used. Tenant shall be ~iven a reasonable range of colors to
· ~i~sel~.ct from. Landlord shall remove existing wallpaper~ patch and paint
walls, install new eel{ng tiles as needed,, replace all lighting tubes and
lenses and replace window coverings as needed. Landlord shall consult
with Tenant regarding paint colors.
-12- '.. '
/i<+~]i.~ Zf'!'~ny'.'al~erations,j'additions ~r'bvimpr0v~entS are to be installed vEy.
,~'.f Tenant or its contractorsw such work shall be done in compliance with the
:,'.. following: ', ~ . ,, . . r~l" . .
T-'j,T '. Of' (i) Tenantes contracto~ ({~} Certificate of
"~ .... approve~ companyw eurntshed tO landlord by Tenantes contractor, in an
amount acceptable to handlord for public liability and automobile
"- liability~ endorsed to show landlord as an additional insured~ and
iiT]~ ! (iti) detsiled plans and specifications for such work.
'~'/(2). Ml'/s~h~k shall be done in conformt~y with a 'valid building
-[-... . permit w~en required~ a copy of which shall be furnished to Landlord
:"'r ";ll. before the work is con~enced, and any work not acceptable to the
!;'~!:/.[? Chula Vista Department of Building and Housing, or not reasonably
".-~ satisfactory to ~andlord, shall be promptly replacad at Tenant's
.expense. Notwithstanding any failure by Landlord to object to any
.-.... luch work, landlord shall have no responsibility therefor.
.All'work by nant or ~l[~ract0rs'shall be scheduled through
I...?.;t, , landlord.
!,:V (4)'.' T~nantr'~'Shall' ~eimburse~'~andlord for any-extra expense incurred by
Landlord,by reaso~ of faulty work done by Tenant or its contractors,
Or by reason Of inad..w~uate cleanup.' ..~.~<~-
[<~ (S}. Tenant or its contractors will i~Y~o'~ent be allowed to install
plumbing, mechanical, electrical wiring or fixtures, acoustical or
.',' ' integrated ceilings, Or partitions over 5' - 10" in height, unless
approve] by Landlord.
(6). All data processing and other special electrical equipment shall be
installed only with priQr written approval of and under the
· 1.-,~ suparvision of landlord or its electrical contractor.
(7). Landlord hereby approves' installation by Tenant of moveable office
partitions not less than 5 feet 10 inches nor greater than
,ppro lmetely 7 feet i. ight.
30. pARKTN~ AND CC~ AREAS:
landlord qrants 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 acco~dation and parking of passenger
automobiles of the Tenant, its officers~ agents~ employees and customers.
Landlord designation of any specific Tenant parking spaces, including
those of Tenant, shall be in consultation with~ and subject to the
approval of, Tenant. ...,
;,,~ ' -13-
· ':i~:=7~!kt Tensnt~and {t~'aubtena~ta licensees, concessionaires, officers, employees,
~'~t~ag6nta,i customers and. invitees shall have the nonexclusive right, in
=~[,<i~,;~ll, co~mon with Landlord and all others to whom Landlord has granted or may
~jz~'~.!illhereafter grant rights, to use the common areas as designated from time to
~.',;~'~conc~.e{onaires~{officers,-employees and agents must be perked ;nd
.;rR~includin~ the eight to assig~ specific perking spaces to various Tenants.
ant ag seal'after notice ='tHereOf to ab~de by such rules and regulations
to. 8us ~,~ lts=~ best =i efforts to = cause its subtenants, licensees,
i concessionsires~ iofficers, employees,' agents~ customers and invitees to
thereto.'% Landlord may at any time close temporarily any common
area to ~make repairs or changes ~ therein or to effect construction,
re,airs; or changes upon the site where the Building is located to prevent
· the acquisition of public~ rights .i in such areas, or to discourage
noncustomer perking~ and may do such other acts ~n and to the common areas
in its Judgment may be desirable to improve the convenience thereof.
Tanant shall upon request promptly furnish to Landlord the license numbers
;<.~!.<< or the cars, operated by. Tenant and its subtenants, licensees,
.ooncessionaires~ officers,, and employees. Tenant shall not at any time
.. interfere with the rights .of Landlord and other occupants of the Building
subtenants~ licensees~!concessionaires~ officers~ employees, agents,
· ~!i.===.: customers,= contractors and ~nvitees to use any pert of the parking areas
shall not solicit business or
, display merchandise wi~hl~ an~ of the common areas or distribute handbills
'or other advertising matter therein.,/Landlord reserve.~ the right to have
~;? any vehicle impounded at the expense of the owner if said owner is perked
"~-in violation of any rule regulating said parking.
"~ne voluntary'or other surrend&C!of this T. ease by Tenant, or a mutual
cancellation thereo[~ shall not work a merger, and shall, at the option of
the Landlord, terminate all or any existing subleases or subtenancies, or
may, at the option of Landlord operate as an assignment to it o[ any or
all such augleases or subtenancies. NO provision of this ~ease shall be
· construed in such a manner as to make the Landlord a partner of Tenant, it
expressly agreed that the relationship between the parties is and
,~:'. shall remain at all times that of Tenant and Landlord.
32. ~rezRS A~D
;"'<,'Ol'[h~<provisions hereof relating to assignment, mortgaging,
and, subletting, this ~ease is intended to and does bind the
executors, ac~ministrators, successors and assigns of any and all of
parties here~o.
-14-
O~ ~ZS~:
~ ~nant 'at the e~lration 'or earlijr testnation. o~ this ~ase~ aria
~, ~:sub~ to ~r~lst~e her~f, will surrender ~d deliver up ~ Praises
~ ~ to the ~ndlord, o= thee having the ~nalord's estate theretn~ In the
~ .~ ~ ~dit~on as t~ Ten~ n~ r~lves the Pr~ises~ ordina~ ~lr ~d
and each tem and pr~lston of this ~ase shall ~ valid and'~ enforc~
tO t~ fullest extent ~rmitt~ by law. "
36. ~E A~: ~ 7. ' '
'~, -, ,',-..., ,.-
{~e ~{s lnstr~nt along with any exhibits and attac~nts hereto mnstitutes ""'c<
the entire sardine ~n ~ndlord ~d Tenet relatt~ to the Praises
~ herein ~scrl~, and this agr~nt and the exhibits and attac~nts my
'r ~ alterS, ~n~ or revoked only by an instrument in ~itlng sig~ by , ~ :"
"~ ~th ~dlord and ~n~t, ~ndlord and ~nant agree her~y tha~ all prior ,
,] or ~t~r~us oral agreehis relative to the leasing of the Premises
,:k are mrgea in or revok~ by this
~P~ ~I~: -'
i~{~nant shall exerts, ackuldge and deliver to ~ndlord at any ti~
. within t~ (10) ~ after r~est by hndlord, a s~t~t ~n ~ltlng
'~rti~{ng, if such N the ~se, that this lease is {ifi~ end In full
]or~ ~d eff~ (o= {f there have ~n mdifI~t{~s tha~ the s~ is in
full for~ and effe~ as ~lfl~), the date of ~n~mnt of ~his
~se, the ~tes to ~lch ren~ has ~n ~id, ~d ~ch other InfestIon
as ~dlord shall reason~ly r~est. It Is acknwl~ged by ~n~t that
~y ~ stat~nt {s lnten~ ~ ~ delivered ~ ~dlord ~d reli~ u~
by pr~ive ~rchasers, mrtga~es, ~neficiades under ~eds of trust · '
or ass~s ther~f.
.,:~.. '.i
,. Ten~ ages tn the exercise of the rights granted ~n~t by the tern
(a} ~ sl~ ~a~rd, pf~ure, a~ertis~nt, n~ or ~ti~ shall ~
~ln~i~, displa~ print~ or affix~ ~ or to ~y ~rt of the
-1~-
, lo~""~~!~lde"o~':"~he' building ~thout the written consent of
.~an!lordm first had and obtained, and ~andlord shall have the right
' " ~";~d.tio~ ~'oE ~n~t, pla~d by it u~n such bulletin ~rd
dicetot
~dlord. ~, ~e l~ti~ o~ telephones, ~11 ~xe8,
~i~nt affixed to ~e ~r~ise8 shall
installation' in violation or this ~ragraph
. ~dlord at ~n~t's
to be plaid against or near the
,, ln-,the'd~ or' in the halls, ~rridor8~ walk~ or
~l~nies. ~ ~e exterior ~rs o~ the Praises shall ~ ke~ clos~
at al~ tim8~' ex~ ~en in a~ual use for ingress ~d egress.
(e) ~e entries shall not ~ obstru~ed by
.,., .' ~n~t~ or u9~ for any other ~se th~ i~res9 or
, fr~n ~eir relative offi~s. ~n~t oh~ll not brin~ into or k~p
' within the Buildtn~ ~ny ~i~l Or vehicle without the prior ~itten
={'(f) ~n~t shall e~ that the ~rs of the Praises are clos~ and
~rely l~k~ ,~fore leaving the ~ilding ~d shall exerc~
extraordinary ~re ~d ~ution that all water faults or ~ter
are entirely shut off ~fore Tenet
the ~ilding~ and for any default or ~relessness ~n~t shall
~ all injuries sustai~ by other Ten~ or 0~ o[ the
~ilding or ~ ~dlord.
:~ir ag~ts, shall ~ ~ne at ~ch ti~s ~d in such ~r as
'~, ~-~dlord shall' ~si~ate. ~ndlord shall have the right to prescri~
'l the ~ight~ size ~d ~sition of all ~fes ~d other hea~ pro~rty
%;~<br~ght into ~e ~ilding,.and also the tires ~d m~er o~ ~ving
~ ~m,.in. ~d out of the building. ~dlord will
for l~s of or ~ge to any such ~fe
~u~ ~t all ~ge do~ to ~e ~ilding by ~ing or
be repaired aT the
oE Tenant "~ill be attende~ to only u~on 81~lication
. , frm the offi~, and no
~t v~ E ~ ~-=~.=~': will a~tt ~y ~rson (Tenet or othe~ise) to ~y offl~ without
~cific instru~ions [r~ the offt~ of the building.
Rm'usd in ~n ~ .Tenets shell N a~J~ to such repletions
k d
( )," ~ lord reserves the right to'install 8~rity gates or ~rs and ~o
clue ~d k~p l~ked all Mid dwrs of the ~ilding during such
as ', ~ndlord ~ my. d~m to . M advisable , for the a~ua~e
of t~ pro~rty.,,A11 Ten~ts~ their Mpl~es, or other
entering or .leaving the building at any tim ~en it is so
l~ked my ~ r~ir~ to si~ the ~ilding register ~en so
~d the watc~n-in ~arge my refuse co a~t =o the building ~lle
is so l~ked~ Tenant or ~y of Ten~t's ~l~s, or
wither a. ~ss pr~ously arr~ged.. ~dlord asses no
~d shall not ~ liable for ~y d~ge resulting fr~
~y error ~n r~ard to any such ~ss or frm the a~ission of an
~uthoriz~ ~rs~ to the building. ,. ~,. ~ ,.
';: (1] :~:m a~ings, win~ shades or drabties will ~ ins~lled or
' to ~ tn8~ll~ ~ Ten~ wi~hou~ prior ~tt~en ~nsen~ o~ b~dlord.
(m) 'M1 a~r~ st~s or le~erin9 on d~rs or win~s shall he printed,
~tn~, a~ix~ or inkrind a~ ex~nse o~ Tenan~ by a ~rson
~nan~ shall no~ pla~ or all~ ~hlng to ~ plaid near ~he 91ass
. ~r~ ou~si~ the PrOses.
l"',' (o) ~e toile~ rm, urinals~ wash ~ls ~d o~her a~ra~us shall no~
· .,~: ~ us~ for ~y ~r~e other th~ that for ~ich they were
'~' · "" ~nstr~ed and no forei~ s~stan~ of any kind whats~ver shall
thr~ therein ~d the e~nse of ~y breaker, sto~ge or damge
resulting fr~ the violation of this rule shall ~ ~rne by the
Tenet ~, or ~e Mplo~es or invites shall ha~ ~u~d it.
~y way ~a~ the ~r~ises or ~y ~r~ ther~.
(q) 1~.n~nt ea~all nc~c sue '~-k~p in
':. infl~le ot ~ible fluid or' m~tial~ or
(r) ~ ~dl~ e~ln, 'Or ~inN'
of the Rord. '. ,. j
'-',,.=...~.-,. j,~V.-..~[~,."' , . ..... .- ,
'+": ' ' .', ' .... · ' . a,..,fi,. ~'. ,,'~·
mil~g ~e ~ a~:~ '~"~t;.~'at'-;.176-~i"Av~,: ~ula" Vis~).".-;'.-'~.=..'- .
~ 92010, or at ~.~{'~
~ ti~ ~si~ ~ wi~'."'?'.~V-'?:~:,""'.,~'~.~.~~ ?. ~j.:~-.."~'.' V'i'a' .'- .-'~"¥,.../='~=';~..:..'-~-. '.. :"
. --.
-
ZOGOB ENTERPRISES .' ~:,., .' ..-
~rovd u ~ fore by .-- - -
~~ · ..
D. R
... .:.,.
E 388~
EXHIBIT B -'~
.'. EXHIBIT "B" "
UTILITIES AND SERVICES
(~ a[ree that each shall furnish and pay for se~ices
indicated below before delinquency: ,
~LEC~ICI~ , · ........... ................................... ( T .. ) ~
ING'6 HSATING ~I~N~CE ............................ ( L.. )
.................................. ( ~ ) ,.
.... . .....................(L
( T )'
' ",' "' , . '., ~:u, '~.~ ~.:~';:' ,~ ;'."' , ' .~. ~ . .'. , , -
:C ~ PARKING ~SASC~S~ING;';;.. ....... .... '.~ ........... ~....( ~
~D P~KING AR~S'LiC~ING'. l j. ,' ............................. ( E )
~D~APING ~ GARD~ING. ';". ~.... '. ,.. '. ............................... ( ~ ) ';
:.'~' .,:
Tenant shell use air'conditiontnE, electricel fixtures an~ any other ,:.[
furnished se~ices only aurinE nonat workin~ hours end/or tn '.,-
r~': nomal use. ~a~dlor~ shell ~ay.fo~ all expenses related to maintenance ',,"~
., of air conditioninZ units which is considered the result of "nomal wee3
...... , ?'and tear". Tenant shall pay for any expenses caused by other than nomal
:c.' use; ne¢liEent use or wilfull misconduct. · "
. . ~ . ( ,.: ,. ,. -
.', . . :. · , [ ,: , . , ,
IXI~I II