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RAILWORKS TRACK SERVICES, INC
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Last modified
8/19/2024 9:48:16 AM
Creation date
4/25/2022 10:11:09 AM
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Contracts
Company Name
RAILWORKS TRACK SERVICES, INC
Contract #
A-2022-012
Agency
Public Works
Council Approval Date
2/1/2022
Expiration Date
1/31/2023
Insurance Exp Date
4/1/2024
Destruction Year
2028
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6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") <br />the monthly sum of Three Thousand Six Hundred and Thirty Dollars ($3,630.00) in advance, on <br />the 1st day of each calendar month and continuing through the life of the Tenn. Any partial <br />month shall be prorated at $120 per day. All payments of Rent and other sums due to Landlord <br />hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana <br />M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN <br />PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT <br />UNPAID AFTER THE 16TH of the month. Landlord and Tenant hereby agree that Rent for any <br />Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment <br />annually on the anniversary of the commencement date of the term hereof. <br />7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part <br />thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, <br />then the Rent shall be increased to 150% of the Rent applicable immediately preceding the <br />expiration or termination. Nothing contained herein shall be construed as consent by Landlord to <br />any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or <br />termination of this Lease shall operate and be construed as a tenancy from month to month <br />subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written <br />notice to the other. <br />8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to <br />Tenant that Landlord has fee simple title to the Premises and has the full right and lawful <br />authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there <br />are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, <br />ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or <br />any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may <br />terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as <br />Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful <br />possession and enjoyment of the Premises, all improvements located thereon and of all <br />easements, rights and appurtenances thercunto belonging. <br />9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF <br />TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the <br />termination or expiration of this Lease in good condition except, however, ordinary wear and <br />tear, damage by fire or any other casualty, or damage from any other cause unless such other <br />cause is solely attributable to the negligence of Tenant. <br />10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the <br />Premises or any part thereof without the prior written consent of Landlord. <br />11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable. <br />wear and tear, Landlord agrees at Landlord's expense to (1) provide general building maintenance, <br />and (2) maintain in good repair the foundation, retaining walls and structural soundness of the <br />Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical <br />
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