|
STANDARD INDUSTRIAL LEASE CROSS
<br />AME1ICto-4 INDUSTRIALREALESTATE ASS_ IATION
<br />1. Parties. This Lease, dated, for reference purposes only, October 3, 1g 85 is made by and
<br />between 11'. W W,_ 0T"M9'T_FS,. ;3 Artm,-I Zhin
<br />(herein called "Lessor")
<br />and C'tY of Santa Ana
<br />(herein called "Lessee").
<br />2. Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all of the conditions set forth
<br />herein, that certain real property situated in the County of ORANGE State of CALIFORNTA
<br />commonly known as UNIT IdO." 1�+U0 West McFadden 5t., Santa Ana
<br />and described as Store Building, 20 feet by '63 feet`:.
<br />Said real property including the land and all improvements therein, is herein called "the Premises".
<br />3. Term.
<br />3.1 Term. The term of this Lease shall be for Sixty (6 Months
<br />commencing on
<br />October 15 , 1985 and ending on October 14, 1990
<br />unless sooner terminated pursuant to any provision hereof.
<br />3.2 Delay in. Possession. Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of the Premises to
<br />Lessee on said data, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of
<br />Lessee hereunder or extend the term hereof, but in such case, Lessee shall not be obligated to pay rent until possession of the Premises is tendered
<br />to Lessee- provided, however, that if Lessor shall not have delivered possession of the Premises within sixty (60) days from said commencement
<br />date, Lessee may, at Lessee's option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall
<br />be discharged from all obligations hereunder, provided further, however, that if such written notice of Lessee is not received by Lessor within said
<br />ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect.
<br />3.3 Early Possession. If Lessee occupies the Premises prior to said commencement date, such occupancy shall be subject to all provisions
<br />hereof, such occupancy shal I not advance the termi nation date, and Lessee shal I pay rent forsuch period at the initial monthly rates set forth below.
<br />4. Rent Lessee shall pay to Lessor as rent for the Premises, mdnthly payments of $ 630 00 -, in advance, on the
<br />I5th
<br />day of each month of the term hereof. Lessee shall pay Lessor upon the execution hereof $ 6'30 00 as rent for
<br />October 15 1985
<br />Rent for any period during the term hereof which is for less than one month shall be a pro rats portion of the monthly installment. Rent shall be
<br />payable inlawful moneyoftheUnited StatestoLessor atthe address stated herein ortosuch other persons oratsuchother places asLessor may
<br />designate in writing.
<br />5
<br />performance of Lessee's obligations hereunder, IfLessee failstopay rent orotherchargesdue hereunder, orotherwisedefaults wit oany
<br />provision ofthisLease, Lessor may use, apply orretain all orany portion ofsaid depositforthepayment ofanyrentoro ge in default or for
<br />the payment of any other su m to which Lessor may beco me obligated by reason of Lessee's defau It, or to cc essorforany loss ordamage
<br />which Lessor may suffer thereby. If Lessor so uses or applies all or any portion of said de ee shall within ten (10) days after written
<br />demantlfherefordepositcashwithLessorinanamountsufhcienttorestoresaidde efullamounthereinabovestaFedandLessee'sfailure
<br />to do so shalt be a material breach of this Lease. If the monthly rents imeto time, increase during the term of this Lease, Lessee shall
<br />thereupon deposit with Lessor additional security deposi a amount of security deposit held by Lessor shall at all times bear the same
<br />proportion to current rent as the oYiginal sec osit bears to the original monthly rent set to
<br />in paragraph 4 hereof. Lessor shall not be
<br />requuedtokeepsaiddepositse rtsgeneralaccounts.IfLesseeperformsailofLessee'sobligationsherounder, said deposit, orsomuch
<br />thereof as has notth eenappliedbyLessr,shallbereturned,withoutpaymentofIntorestorotherincrementforltsuse,toLessee(or,at
<br />I essor's o the last assignee, if any, of Lessee's interest hereunder) at the expiration of the term hereof, and after Lessee has vacated the
<br />6, Use. mnm7nrr SAtdT AN
<br />POL111s DEFARmkfF.NrP
<br />6.1 Use. The Premises shall be used and occupied only for �S-����
<br />or any other use which is reasonably comparable and for no other purpose.
<br />6.2 Compliance with Law.
<br />(a) Lessor warrants to Lessee that the Premises, In its state existing on the date that the Lease term commences, but without regard to the
<br />use for which Lessee will use the Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or
<br />ordinance in effect on such Lease term commencement date_ In the event it is determined that this warranty has been violated, then it shall be the
<br />obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation. In the event
<br />Lessee does not give to Lessor written notice of the violation of this warranty within six months from the date that the Lease term commences, the
<br />correction of same shall be the obligation of the Lessee at Lessee's sole cost. The warranty contained in this paragraph 6.2 (a) shall be of no force or
<br />effect if, prior to the date of this Lease, Lessee was the owner or occu pant of the Premises, and, in such event, Lessee shall correct any such violation
<br />at Lessee's sole cost.
<br />(b) Except as provided in paragraph 6.2(a), Lessee shall, at Lessee's expense, comply promptly with all applicable statutes, ordinances,
<br />rules, regulations, orders, covenants and restrictionsof record, and requirements in effect during the term or any part oftheterm hereof, regulating
<br />the use by Lessee of the Premises. Lessee shall not use nor permit the use of the Premises in any mannerthatwill tend to create waste or a nuisance
<br />or, if there shall be more than one tenant in the building containing the Premises, shall tend to disturb such other tenants.
<br />6.3 Condition of Premises.
<br />(a) Lessor shall deliver the Premises to Lessee clean and free of debris on Lease commencement date (unless Lessee is already in
<br />possession) and Lessor furtherwarrants.to Lessee thatthe plumbing, lighting, air conditioning, heating, and loading doors in the Premises shall be
<br />in good operating condition on the Lease commencement date. In the eventthat it is determined that this warranty has been violated, then it shall be
<br />the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's
<br />sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease commencement date
<br />shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder. The warranty contained in this
<br />paragraph 6.3(a) shall be of no force or effect if prior to the date of this Lease, Lessee was the owner or occupant of the Premises.
<br />(b) Except as otherwise provided in this Lease, Lessee hereby accepts the Premises In their condition existing as of the Lease
<br />commencement date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal,
<br />county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record,
<br />and accepts th is Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither
<br />Lessor nor Lessor's agent has made any representation orwarranty as to the present orfuture suitability of the Premises forthe conduct of Lessee's
<br />business.
<br />7. Maintenance, Repairs and Alterations.
<br />7.1 Lessors Obligations. Subject tothieprovisionsofParagraphs6,7.2,and9andexceptfordamagecausedbyanyneglior'sexgent intentional
<br />actor omission of Lessee, Lessee's agents, employees, or invitees in which event Lessee shall repairthe damage, Lessor, at Lessor's expense, shall
<br />keep in good order, condition and repair the foundations, exterior walls and the exterior roof of the Premises. Lessor shall not, however, be
<br />obligated to paint such exterior; nor shall Lessor be required to maintain the interior surface of exteriorwalls, windows, doors or plate glass. Lessor
<br />shall have no obligation to make repairs underthis Paragraph 7.1 until a reasonable time after receipt of written notice of the need forsuch repairs.
<br />Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at
<br />Lessors expense or to terminate this Lease because of Lessors failure to keep the Premises in good order, condition and repair.
<br />7.2 Lessee's Obligations.
<br />(a) Subject to the provisions of Paragraphs 6, 7.1 and 9, Lessee, at Lessee's expense, shall keep in good order, condition and repair the
<br />Premises and every part thereof (whetheror notthe damaged portion of the Premises orthe means of repairing the sameare reasonably or readily
<br />accessableto Lessee) including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning, (Lessee shall procure and
<br />Initials:
<br />© American Industrial Real Estate Association 1980 GROSS
<br />
|