RAILWORKS TRACK SERVICES, INC. (3)

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iNSURANCE NOT ON FILE tNORK MAY NOT PROCEED APR 2 2 2021 CLERK OF COUNCIL DATE. LEASE AGREEMENT A-2021-040 THIS LEASE (the "Lease") is made as of April 6, 2021, by and between the City of Santa Ana, a charter city and municipal corporation ("City" or "Landlord"),and RailWorks Track Services, Inc. ("Tenant"). City and Tenant arc sometimes individually referred to as "Party" and collectively as "Parties." 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 106, consisting of approximately 326 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Premises are more particularly described in Exhibit A. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Tenn") shall be for a period of one (1) year, which shall commence on April 6, 2021 (the "Commencement Date"), unless sooner terminated or extended as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Tenn for additional periods of one (1) month on the same terns and conditions as set forth in this Lease, up to twelve (12) months total. Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Consumer Price Index (CPI) increase for any extension period. 6. RENT: (a) Beginning on April 6, 2021 tenant shall pay to Landlord, as rent ("Rcnt" ), throughout the Term, the monthly sum of Eight Hundred and Fifteen Dollars ($815.00) in advance, on the 1 st day of each calendar month and continuing through the life of the Term. Any partial month shall be prorated at $27 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of