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RAILWORKS TRACK SERVICES, INC.
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Last modified
8/19/2024 2:17:54 PM
Creation date
3/8/2024 12:02:29 PM
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Contracts
Company Name
RAILWORKS TRACK SERVICES, INC.
Contract #
A-2024-019
Agency
Public Works
Council Approval Date
2/20/2024
Expiration Date
6/30/2024
Insurance Exp Date
4/1/2024
Notes
SEE NOTICE OF COMPLIANCE FOR INSURANCE INFO.
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6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") <br />the monthly sure of Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) in advance, on <br />the 1st day of each calendar month and continuing through the life of the Term. City and Tenant <br />recognize lease of the Premises from February 1, 2024 through the Commencement Date. Any <br />partial month shall be prorated at $145.00 per day. All payments of Rent and other suns due to <br />Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of <br />Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE <br />OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE <br />BUT UNPAID AFTER THE I Orn of the month. Landlord and Tenant hereby agree that Rent for <br />any 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 thereof <br />beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the <br />Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or <br />termination. Nothing contained herein shall be construed as consent by Landlord to any holding <br />over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination <br />of this Lease shall operate and be construed as a tenancy from month to month subject to the terms <br />of this Lease, terminable by either party upon thirty (30) days prior written 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 authority <br />to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any <br />lions, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, <br />governmental rules or regulations, title restrictions, zoning, endangered species or any other <br />matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this <br />Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not <br />in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and <br />enjoyment of the Premises, all improvements located thereon and of all casements, rights and <br />appurtenances thereunto belonging. <br />9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: <br />Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or <br />expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire <br />or any other casualty, or damage from any other cause unless such other cause is solely attributable <br />to the negligence of Tenant. <br />10, ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the <br />Promises 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 />2 <br />
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