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HomeMy WebLinkAboutDELHI CENTER - LEASE-1972 " . , I a .. " .. LEl\SE THIS LEASE, ffi<:lde this 3rd day of Ma;y , 1972, by and between the City of Santa Ana, a municipal corporation, herein called "LANDLORD", and Delhi Organization, a Cali:t'ornia non-pro:t'it corporatic;>>n herein ca lled "TENANT"; WITNESSETH: That the LANDLORD hereby leases to the TENANT, and the TENANT hereby hires from the LANDLORD the property situated in the City of Santa Ana, county of Orange, State of California, commonly known as: Exhibit "A" In consideration of the promises and agreements herein contained it is agreed by and between the parties hereto as follows: I That the term of the lease shall be for one month commencing on Ma;y 3, 1972 and then on a basis of month 500 month at the monthly consideration, to be paid in advance, of $1 .0 The sum of $ 10.00 is due on the execution of this lease and represents a first payment, but regular payments in the amount of the agreed monthly consideration shall be due on the 1st day of each and every month hereafter until the termination of this tenancy or a change of its terms by an agreement in writing. II By entry hereunder, TENANT accepts the premises as being in good and sanitary order, condition and repair and hereby agrees on the last day of said term, or sooner termination of this lease to surrender to the LANDLORD said premises in the same condition as when received --reasonable use and wear thereof and damage by fire, act of God, or by the elements excepted--and to remove all of TENANT's signs from said premises. III The premises are leased to the TEl~~ for the purpose of using the same as a business, and 'l'ENANT shall not use or permit said premises or any part thereof, to be used for any purpose or purposes other than that of a business. IV No use shall be made or permitted to be made of the said premises, nor acts done, which will increase the existing rate of insurance upon the buildings, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall TENANT sell, or permit to be kept, used or sold, in or about said premises, any article which may be combustible such as gasoline or other dan- gerous or explosive material. TENANT shall, at his sole cost and expense, comply with any and all requirements, pertaining to said premises, of any insurance necessary for the maintenance of reason- able fire and public li<:lbili ty insurance covering sa'id building and appurtenDnces.. V TENANT shall not commit, or suffe:!:' to be committed, any wast.C upon the said premises, or any nuisance. '/) '--f) ,...~. -,~ ,,> -1- ., All tlmt cert[dn Id oitwll:cd in thc Gtate of c"I,nli1l' County of Orml!;C, City '} ... 01' flrulh, 1\na, deocrJ.bed as 1'ollo>ls: That portion of Lot 1, in lUock 6, of TI'ltct No. 39, as showll 011 0. Nap recorded in Book 9, page 37 of Hiscelluneouo Naps, rccoI'dn of Orunge County, Californil\, together 'With that portion of the 15.00 foot ,aD.ey udjoining saJ.d Lot 1 on the South, abandoned by order of the City Council. of tho City of Santu Ana, 0. certified copy of ~hich was recorded January 7, 1958 in Book 4157, page.199 of Official Records, described as follo,ro: Beginning at the Northwest corner of said Lot 1) thence South 00 12' 00" East ,,' along the Westerly line of said Lot 1 and along the Southerly prolongation thereof i ;I. '147.50 feet to a point in the centerline of said 15.00 foot alley) thftnce East ,-' . along said centerline 16.60 feet) thence North 4" 04' 09" East 121.05 feet to the 'i', ' ~':;' beginning of a tangent curve concave Southwesterly having a radius of 25.00 feet) , " , . thence Northwesterly along said curve through a central angle of 940 04' 09" an ~. '"( arc distance of 41.05 feet to a line tangent, said line tangent being the Southerly , ' line of Central Avenue, 60.00 feet vide) thence West' along said tangent line 0.77 feet to the point of begJ.nning. - .. J I I I ~~,- :,9 I .c;Q1-' !'1/ ~-- I CE:NrJ!AL AVENUE <> ~ .....;9-.-r--s:.;:;-;-~~:c:- ---:-:~- , r----;-:----.~-_.-r-----.~--r .J.-_~--r _~o' " ~ i?:: ~ V) " ",.. )..., ~ ~ ~ :::t "t 1:. ,": 100' I @) i ,/'~ r-- r"'...--..... '" ",.--, ,,----. 28,' 29, 1,:3<0' (31':32. 33~; 1M' ,35' '36' I iV '-'~' I,j i i I ''1 "i " ''1'' jA "I' "; !", ":'[''1''; 'T) 22 I '23' i 76 ' I 25 :,839 2~" 46 !! ., 1(1 , ; : i I' I' " ,. j./ l__< -- . ( r'l "------ ':;,.. ! 0';0 I ':0<' _-l. ._ J -rr~ .1--'''''' ) ~ . I EXI:/J BIT A ~. . . I I VI TENANT shall not make or suffer to be made any alterations of said premises, or any part thereof, without the written consent of the Park Superintendent of the City of Santa Ana first had and ob- tained and any additions to, or alterations of the said premises, shall become at once a part of the realty and belong to the LANDLORD. TENANT shall keep the premises and the property in which the premises are situated free from all liens arising out of any work performed, material furnished, or obligations incurred by TENANT. VII TENANT shall pay for all utilities and services supplied to said premises, and shall maintain any lawns and shrubs in a good and husbandlike manner. VIII TENANT shall not vacate or abandon the premises at any time during the term; and if the TENANT shall abandon, vacate, or surren- der said premises, or be dispossessed by process of law, or otherwise, any personal property belonging to TENANT and left on the premises shall be deemed to be abandoned, at the option of the LANDLORD, ex- cept such property as may be mortgaged to LANDLORD. IX This lease is made upon the express condition that LANDLORD is to be free from all liability and claim for damages by reason of any injury to any person or persons, including TENANT, or property of any kind whatsoever and whomsoever belonging, including TENANT, from any cause or causes whatsoever while in, upon, or in any way connected with the premises or the said sidewalks adjacent thereto during the term of this lease or any extension hereof or any occu- pancy hereunder. Furthermore, TENANT covenants to inform LANDLORD of any and all injuries which should result to any person on said premises. X That the LANDLORD has acquired the property herein described together with others, for the purpose of removing the building, and plans to put said properties to a public use, so does not intend to mainta~n said buildings. That in the event the building or any sub- stantial portion thereof is destroyed by fire, earthquake, the ele- ments, act of God, or other means, this lease shall terminate and LANDLORD may not be required to repair the same. XI TENANT shall permit LANDLORD and his agents to enter into and upon said premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining the building in which said premises are situated or for the purpose of maki!1.-J those repai.rs, altcrotions, or t1dditions to the building as the LANDLORD shall see fit. This clause in no way places upon the LAND- LORD the burden of making any such repairs. -2- . . .:\ .. I I XII TENANT shall not assign this Lease, or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person' to occupy or use the said premises, or any portion thereof, without the written consent of the Park Superintendent of the City of Santa Ana first had and obtained, and a consent to one assignment, sublet- ting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of the LANDLORD, terminate this Lease. This Lease shall not, nor shall any interest therein, be assignable, as to the interest of TENANT, by operation of law, without the written consent of LANDLORD. XIII In the event of any breach of this lease by TENANT, then LANDLORD besides other rights or remedies he may have, shall have the immediate right of re-entry and may remove all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of TENANT. Should LANDLORD elect to re-enter, as herein provided, or should he take possession pursuant to legal proceedings or pursuant to notice provided for by law, he may either terminate this lease, relet said premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as LANDLORD in his sole discretion may deem advisable with the right to make alterations and repairs to said premises. XIV In case suit shall be brought for an unlawful detainer of the said premises, for the recovery of any rent due under the pro- visions of this Lease, or because of the breach of any covenants herein, including the covenant to pay rent in advance each month, TENANT shall pay to LANDLORD reasonable attorney's fees in the amount of $50.00 which each party hereby agrees is a reasonable sum. xv Either party may terminate this Lease by serving a thirty day notice in writing on the othe~ party of his intention so to do. LANDLORD may be served by delivery of such notice to LANDLORD's Clerk of the Council, Room 303 City Hall, 217 North Main Street, Santa Ana, California, and TENANT may be served by delivery of such notice to TENANT or to any person over the age of 18 years being found at the premises acting as agent or contractor of the TENANT, or, if no person over the age of 18 years be found there present, by posting such notice conspicuously on the door of said premises. XVI That if TENANT fails to comply with any of the terms hereof or fails to pay the rent hCl:cin provided for when clue, th.is I,ease Shall tat. the optior; 0 f the !-...'~.?;DLUHJ), tcnnina tc I ,J nd r':"EJ:/\lyr zH;rees that upon the happening of any such event or within 30 days after service of a notice to terminate, as herein provided for, TENANT and all persons in said premises will vacate the premises and peaceably quit and surrender up possession of the same. -3- . 't I I .' . , )""VII Time is the essence of this cont.ract. IN WITNESS \'lllEREOF, the LANDLORD has caused this Lease to be executed by its duly autuorized agent and TENANT has execut.ed this Lease to be effective the day and year first hereinabove written. CITY OF SAN'l'A ANA, LANDLORD By - "'l '/L' .. .' r'-- '.. .-1'.... c -' :it. ( ,,-' t Title Mayor ames A. Withers City Attorney President Rosa Arizararas. Secretary ~ -4- .