HomeMy WebLinkAboutTRES ESTRELLAS DE ORO 6 - 2015LEASE
A- 2015 -284
THIS LEASE (the "Lease ") is made as of December 16, 2015, by and between The City
of Santa Ana, a Municipal Corporation ( "Landlord "), and TRES ESTRELLAS DE ORO, INC., a
California Corporation (Referred to as "Tres Estrellas" or "Tenant ").
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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, for the purpose of selling tickets to patrons in order to utilize the Tres
Estrellas Transit Services (hereinafter referred to as the "PREMISES "). The PREMISES are
more particularly described in Exhibit "A ". Pending architectural assessment, the Landlord
reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by
providing Tenant with a 60 -day notice of such reconfiguration or relocation.
3. COMMENCEMENT OF TERM: The term of this Lease (the "Term ") shall be
for a period of one (1) year, which shall commence on December 16, 2015 (the "Commencement
Date ") and end on December 31, 2016, unless sooner terminated or extended as provided herein.
Tenant acknowledges that a condition precedent to occupancy of the Premises is the following:
Tres Estrellas shall provide the Landlord with documentation listing for each
and every bus providing services at the SARTC: (1) registered owner; (2) VIN
number; (3) license plate number; (4) USDOT number; (5) proof of
authorization from the Federal Motor Carrier Safety Administration
("FMCSA "); (6) proof of insurance; and (7) a list of all licensed drivers who
may operate the bus. Additionally, Tenant shall ensure that use of the Bus Bays
made available to Tenant under separate License shall be by clearly marked
buses identifying the Tres Estrellas company name and USDOT number.
Tenant agrees that it will provide the Landlord with a list of buses that will use
Bus Bay #7 and 98 as a precondition for use of the Bus Bays. Any additional
buses must be approved by the Landlord prior to beginning service. The use of
any non - approved bus at the SARTC is a breach of this Agreement and will
result in immediate termination of this Lease.
4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is
subject to compliance with the additional lease conditions attached hereto as Exhibit "B ". These
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INSURANCr ON FILE
WORK MAY PhOCEE11
UNTIL INSURANCE EXPIRES
CLERK OF COUNCIL
DATE: JAN 22 L(ir
e !J
LEASE
A- 2015 -284
THIS LEASE (the "Lease ") is made as of December 16, 2015, by and between The City
of Santa Ana, a Municipal Corporation ( "Landlord "), and TRES ESTRELLAS DE ORO, INC., a
California Corporation (Referred to as "Tres Estrellas" or "Tenant ").
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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, for the purpose of selling tickets to patrons in order to utilize the Tres
Estrellas Transit Services (hereinafter referred to as the "PREMISES "). The PREMISES are
more particularly described in Exhibit "A ". Pending architectural assessment, the Landlord
reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by
providing Tenant with a 60 -day notice of such reconfiguration or relocation.
3. COMMENCEMENT OF TERM: The term of this Lease (the "Term ") shall be
for a period of one (1) year, which shall commence on December 16, 2015 (the "Commencement
Date ") and end on December 31, 2016, unless sooner terminated or extended as provided herein.
Tenant acknowledges that a condition precedent to occupancy of the Premises is the following:
Tres Estrellas shall provide the Landlord with documentation listing for each
and every bus providing services at the SARTC: (1) registered owner; (2) VIN
number; (3) license plate number; (4) USDOT number; (5) proof of
authorization from the Federal Motor Carrier Safety Administration
("FMCSA "); (6) proof of insurance; and (7) a list of all licensed drivers who
may operate the bus. Additionally, Tenant shall ensure that use of the Bus Bays
made available to Tenant under separate License shall be by clearly marked
buses identifying the Tres Estrellas company name and USDOT number.
Tenant agrees that it will provide the Landlord with a list of buses that will use
Bus Bay #7 and 98 as a precondition for use of the Bus Bays. Any additional
buses must be approved by the Landlord prior to beginning service. The use of
any non - approved bus at the SARTC is a breach of this Agreement and will
result in immediate termination of this Lease.
4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is
subject to compliance with the additional lease conditions attached hereto as Exhibit "B ". These
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additional lease condition 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 immediate termination.
5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to
provide Tenant the option to extend the Term for four (4) separate consecutive additional periods
of one (1) year each on the same terms and conditions as set forth in this Lease. 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.
6. RENT: (a) Tenant shalt pay to Landlord, as rent ("Rent "), throughout the Term,
the monthly sum of One Thousand Seven Hundred and Eighty Six Dollars ($ L,786.00) in
advance, on the 1 st day of each calendar month and continuing through the life of the Term.
However, payment for the first partial month shall be prorated at $59.53 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 Santa Ana M -13, 20 Civic Center Plaza, PO Box 1988, Santa Ana,
CA 92702.
7. Landlord and Tenant hereby agree that Rent for any Extension Period, if the
option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of
the commencement date during the term hereof.
8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants
to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful
authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there
are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws,
ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or
any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may
terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as
Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful possession and
enjoyment of the Premises, all improvements located thereon and of all easements, rights and
appurtenances thereunto belonging.
9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF
TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the
termination or expiration of this Lease in good condition excepting, however, ordinary wear and
tear, damage by fire or any other casualty, or damage from any other cause unless such other
cause is solely attributable to the gross negligence of Tenant.
10, ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or
sublet the Premises or any part thereof without the prior written consent of Landlord.
it. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for
reasonable wear and tear, Tenant agrees at Tenant's expense to maintain in good repair the
foundation, retaining walls and structural soundness of the Premises. Tenant agrees to keep the
Premises in good repair, including the plumbing, electrical wiring, air - conditioning and heating
equipment. Subject to Landlord approval, Tenant may make and shall pay for any renovations,
alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that
all such alterations and improvements shall be made in a good and workmanlike manner and in
such fashion as not to diminish the value of the building, and that no such alterations shall
compromise the structural integrity of the Premises. All improvements, additions, alterations,
and major repairs shall be in accordance with applicable laws and at Tenant's own expense.
Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by
remodeling, improvements, additions, alterations, and major repairs. It shall be Tenant's duty to
keep the Premises free and clear of all liens, claims, and demands for work performed, materials
furnished, or operations conducted on the Premises at the request of Tenant. On surrendering
possession of the Premises to Landlord at the expiration or sooner termination of this Lease or
any Extension Period, Tenant shall not be required to restore the same to the condition existing at
the commencement of the Term and Landlord agrees to accept the Premises with all alterations
and improvements made by Tenant.
Tenant may paint the interior of the Premises and may also paint, erect or
authorize the installation of "temporary signs" in accordance with a signage plan that is pre -
approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than
Tenant to install or maintain, any signs on any part of the Premises or within the air space above
the Premises during the Term or any Extension Period of this Lease.
12. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural
improvements and alterations to comply with all applicable laws, rules, regulations and
ordinances of any and all applicable governmental entities (the "Governmental Laws ") applying
to the physical condition of the Premises and the building located thereon and arising from
Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS
NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (GASP).
NO REPRESENTATION IS MADE BY CITY AS TO THE PREMISES COMPLIANCE WITH
AMERICAN WITH DISABILITY ACT (ADA) RULES OR GUIDELINES OR
ACCESSIBILITY PROVISIONS OF THE CALIFORNIA BUILDING CODE.
13. UTILITIES: Tenant agrees to pay for all utilities furnished to the Premises and
which are consumed by Tenant, during the Term and any Extension Period, including all charges
or assessments for telephone, water, sewer, gas, heat, electricity, garbage disposal, trash disposal,
and all other utilities and services of any kind that may be used on the Premises.
14. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time
upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any
given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying
that this Lease is unmodified and in full, force and effect (or, if there have been modifications,
that this Lease is in full effect as modified, and identifying such modifications) and the dates to
which the Rent and Additional Rent have been paid, and that no default exists in the observance
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of this Lease and no event of default has occurred and is continuing, or specifying each such
default or event of default of which Landlord or Tenant may have knowledge, it being intended
that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any
prospective purchaser of the interest of Landlord or Tenant in their respective premises described
herein.
15. LIABILITY INSURANCE: (a) Throughout the Tenn or any Extension Period,
Tenant shall maintain commercial general liability insurance for injury to person (including
death) or damage to property occurring within the building arising out of the use and occupancy
thereof by Tenant, its licensees, employees, invitees, agents and customers. The amounts of
insurance shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the total amount of
$2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self - insurance programs maintained
by the City; and (c) contain standard separation of insured's provisions. After the
Commencement Date, and thereafter upon written request of Landlord, Tenant shall deliver to
Landlord a certificate of such insurance naming Landlord as an additional insured.
16. DAMAGE BY CASUALTY: (a) If the Premises is damaged or destroyed by fire,
the elements, subsidence of subtateral or subjacent support or other casualty, Tenant shall (i)
within (30) days begin repairs and (ii) restore the damaged or destroyed improvements to its
condition just prior to the damage, within ninety (90) days, or Tenant may cancel and terminate
this Lease. If this Lease is terminated as provided in this Section, Tenant shall be responsible for
180 days of rental payments and Tenant agrees to turn over to Landlord all applicable insurance
proceeds received as compensation for damages to the Premises to the extent of actual cost of
restoration.
(b) If Tenant is not actually open for business during all or any part of the
period ( "Restoration Period ") from the date of such damage or destruction as aforesaid until the
date the Premises is restored in accordance with the terms of this Lease, all Rent or other sums
payable hereunder shall abate for such period as Tenant is not open for business. If Tenant is
open for business during the Restoration Period, the Rent and other sums payable hereunder shall
abate in proportion to the usable space; provided, however; that if Tenant does not proceed
diligently with restoration of the Demised Premises, all Rent and other sums payable hereunder
shall not abate.
(c) Tenant agrees to keep in effect on the Premises and to provide Landlord
proof of fire insurance with extended coverage endorsement on the improvements to the
Premises of the Hull replacement value of the buildings and improvements thereon.
(d) If any such damage or destruction shall occur within the last six (6)
months of the Tenn, or any Extension Period, affecting more than fifty percent (50 %) of the
replacement value of the improvements located on the Premises, Tenant may tenninate this
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Lease without owing any liability to the Landlord by notice to the Landlord within thirty (30)
days after the date of such damage or destruction, in which case Tenant agrees to turn over to
Landlord all applicable insurance proceeds received as compensation for damages to the
Premises to the extent of actual cost of restoration. If this Lease is terminated as provided in this
Section, both parties shall be relieved of any further liabilities hereunder except for obligations
accrued at the date of such damage or destruction, and any sums prepaid by Tenant shall be
apportioned and appropriately refunded to Tenant.
17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located
thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be
taken or appropriated under any right of eminent domain or under any other legal right whereby
the taking authority is obligated to compensate Landlord therefor so that there does not remain
premises suitable in the sole opinion of Tenant for the operation of its business then Tenant may
terminate and cancel this Lease without owing any liability to Landlord as of the date on which
the condemning authority takes physical possession upon giving to Landlord written notice of
such election. Landlord agrees immediately within ten (10) days after any notice of intended or
actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full
details of such taking or appropriation, including, without limitation copies of all condemnation
plans or surveys submitted by the condemning authority, a statement of the nature of the project
to be conducted by the condemning authority, and such other information as might be necessary
to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES
THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE
UNDER ANY OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE
TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY
OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION.
(b) If this Lease shall be terminated and canceled as a result of any taking or
appropriation, Tenant shall be released from any further liability and Rent and other sums for the
last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to
Tenant any sums paid in advance.
(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an
award for damages for the termination of this Lease caused by such appropriation or taking,
together with damages based on the value of Tenant's improvements and Tenant's fixtures and
other personal property erected or installed on the Premises and damages Tenant may sustain to
the interest in the business operated by Tenant on the Premises, including, but not limited to,
goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by
such appropriation or taking, and Tenant may file such claims as are permitted by law for the
loss of its leasehold interest, business dislocation damages, moving expense, or other damages
caused by such taking or appropriation. Tenant's right to receive compensation or damages for
its fixtures or its personal property shall not be affected many manner by this Lease.
18, LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all
mechanic's liens, or other liens, for labor performed or materials famished with respect to the
Premises by or for Tenant.
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19. PARKING AREA: (a) All those portions of the SARTC which are not presently
occupied by buildings and which are designated parking spaces shall be available for use by
Tenant and Tenant's agents, employees, customers and invitees for parking and access to the
public streets and highways (the "Parking Area "). Tenant acknowledges that the Landlord is in
the process of evaluating a paid parking program and all tenants will be required to comply with
the parking program, if approved.
20. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due,
Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the
failure of Tenant to cure such default within three (3) days after the date of receipt of such notice
shall, at the option of Landlord, cause the termination of this Lease.
(b) If Tenant shall default in the performance of any other terms or provisions
of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such
default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such
notice, Landlord at its option, shall cause the termination of this Lease immediately.
21. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous
Substances" shall mean, without limitation, any substance that is biologically or chemically
active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -
based paint, asbestos or petroleum derivative substances), or material defined as such in (or for
purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations,
decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and
Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the so-
called state or local "Super Fund ", "Super Lien" or "Cleanup Lien" laws or (v) any other federal,
state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree
regulating, relating to or imposing liability or standards of conduct concerning any such
substances or materials or any amendments or successor statutes with respect to any of the
foregoing.
(b) During the Term of this Lease, Tenant represents and warrants that, except for
items commonly sold or utilized in Tenant's business, no Hazardous Substances will be stored on
the Premises and no Hazardous Substances will be discharged on the Premises by Tenant.
Tenant agrees that such representations and warranties shall survive any termination of this
Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs,
expenses, claims and damages, including, but not limited to, attorneys' fees and costs of
remediation, arising from Tenant's breach of any of the representations and warranties contained
in this Section.
(c) Furthermore, Landlord represents and warrants to Tenant that Landlord has no
actual or constructive knowledge of: (1) the presence of any Hazardous Substances on, under or
within the Premises; (2) any spills, releases, discharges or disposals of Hazardous Substances
that have occurred or are presently occurring on or onto the Premises; (3) any spills or disposal
of Hazardous Substances that have occurred or are occurring adjacent to the Premises as a result
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of any construction on or operation and use of the Premises or adjacent property; (4) any failure
to comply with all applicable local, state and federal environmental laws, regulations,
ordinances, and administrative and judicial orders relating to the generation, recycling, reuse,
sale, storage, handling, transport and disposal of any Hazardous Substances on the Premises or
adjacent property; or (5) the presence of any underground storage tanks, monitoring wells, water
wells or septic tanks now or in the past on the Premises.
22. NOTICE: All notices or demands required or permitted to be given or served
pursuant to this Lease shall be deemed to have been given or served only if in writing, postage
and /or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt
Requested or via an overnight (or 2 -day) delivery service maintaining a record of delivery (e.g.
FedEx or UPS), which notices and demands shall be deemed served when delivered (or when
delivery is first attempted and refused), and which notices and demands shall be forwarded to the
following addresses:
TO TENANT:
Tres Estrellas de Oro, Inc.
2414 E. Florence Ave.
Huntington Park, CA 90255
Attention: Jose Guzman
Fax: (323) 588 -7519
TO CITY:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-2 1)
Santa Ana, California 92701
Attention: Executive Director
Agency
milip
City Attorney's Office
City of Santa Ana
20 Civic Center Plaza (M29)
Santa Ana, California 92701
Fax: (714) 647-65 15
of Public Works
Such addresses may be changed from time to time by either party by serving notice as above
provided.
23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the
Premises strictly for the purpose of selling tickets to patrons in order to utilize the Tres Estrellas
Transit Services.
24. GENERAL PROVISIONS:
(a) This Lease (and the documents referred to herein) constitutes the entire agreement
between the parties pertaining to the lease of Suite 106 contained herein and supersedes any and
all prior and contemporaneous agreements, representations and understandings, oral or
otherwise, between or among the parties with respect to the matters contained herein.
(b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto
and their respective heirs, legatees, distributes, legal representatives, successors and assigns.
(c) This Lease shall not be modified, amended or supplemented, in whole or part,
without the prior written consent of all parties hereto. Each and every waiver of any covenant,
representation, warranty or any other provision hereof must be in writing and signed by each
party whose interests are adversely affected by such waiver. No waiver granted in any one
instance shall be construed as a continuing waiver applicable in any other instance.
(d) If any legal action or other proceeding is brought for the enforcement hereof, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions hereof, the successful or prevailing party or parties shall be entitled to recover
attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without
limitation, all such fees, costs and expenses incident to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be entitled.
(e) The parties hereby agree that each party and its attorneys have reviewed and
revised this Lease and that the normal rule of construction, to the effect that any ambiguities are
resolved against the drafting party, shall not be employed in the interpretation of this Lease and
no other rule of strict construction shall be used against any party. All exhibits and schedules
attached or to be attached hereto, and all other agreements and instruments referred to herein, are
hereby incorporated herein by reference, as fully as if copied herein verbatim.
(f) This Lease shall be governed by the internal laws of the State of California
without regard to and excluding its principles of conflicts of laws.
(g) The parties further agree that upon request, they shall do such further acts and
deeds, and shall execute, acknowledge, deliver and record such other documents and
instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out
the intent and purposes of this Lease.
(h) Unless the context in which used clearly requires another construction, throughout
this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the
neuter gender shall include the masculine or both, and the singular of terms shall include the
plural and vice versa. The section headings are for convenience only and shall not affect the
construction hereof.
(i) If any one or more of the provisions hereof shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceabitity shall not
affect the validity or enforceability of any other provision hereof, which shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein. The parties
intend that if any provision hereof is capable of two constrictions, one of which would render
the provision void and the other of which would render the provision valid, then the provision
shall have the meaning which renders it valid.
Q) Time is of the essence in the performance of each party's respective obligations
(k) This Lease may be executed simultaneously in one or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one in the
same instrument, and it shall not be necessary that any single counterpart bear the signatures of
all parties.
(1) Unless expressly stated to be exclusive, no remedy conferred herein shall be
deemed to be exclusive of any other remedy conferred herein or any other remedy now or
hereafter available at law or equity. All remedies conferred herein, and all remedies now or
hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and
may be enforced concurrently or successively.
(m) All provisions of this Lease shall be construed as covenants and agreements
where used in each separate provision hereof and shall bind and inure to the benefit of the parties
hereto, their respective heirs, legal representatives, successors and assigns.
(n) All periods of time shall include Saturdays, Sundays and legal holidays; provided
that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday,
then such act or notice shall be timely performed if given on the next succeeding business day.
(o) Any holding over by Tenant of the Premises after the expiration or termination of
this Lease shall operate and be construed as a tenancy from month to month on all terms of this
Lease, terminable by either party upon thirty (30) days prior written notice to the other.
(p) Nothing contained in this Lease shall be deemed or construed by the parties
hereto or by any third party to create the relationship of principal and agent or of partnership or
of joint venture or of any association between Landlord and Tenant, and no provision contained
in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between
Landlord and Tenant other than the relationship of landlord and tenant.
(q) THE PARTIES HEREBY WANE TRIAL BY JURY N ANY ACTION,
PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY
OTHER PARTY, ARISNG FROM OR RELATING TO THE SUBJECT MATTER HEREOF.
THE PARTIES HERETO WAIVE ANY RIGHT TO ANY PUNITIVE DAMAGES, AND
EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SUCH DAMAGES.
25, LANDLORD'S REPRESENTATIONS: Landlord hereby covenants, warrants and
represents to Tenant that:
(a) Landlord has the sole right, legal power and authority to enter into this Lease.
(b) All required actions have been taken and satisfied by Landlord to authorize the
execution and performance of this Lease. No other proceedings or actions oil the part of
Landlord are necessary to authorize this Lease or to carry out the transactions contemplated
hereby. This Agreement constitutes the legal, valid and binding obligation of Landlord
enforceable against Landlord in accordance with its terms.
(c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the
full right, legal power and actual authority to bind Landlord to the terns and conditions hereof.
Dec 11 2015 12:55AM Tres Estrellas De Oro 1 21 321 321 71
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IN WTI'NESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
CITY 0 SANTA ANA
DAVID CAVAZOS
City Manager
RECD MEN ED FOR APPROVAL: TRES EST S DE IP
FRED MOUSAVIPOUR
Executive Director Title:
q7 S
Public Works Agency Tax TD # 95' _ ®AP 30
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EXHIBIT A
THE PREMISES
SARTC — Suite 106
i
,I 1
Y Is
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MELLICENSE AREA
EXHIBIT B
ADDITIONAL LEASE CONDITIONS
• Licensee will provide best in class local /regional transportation services to SARTC patrons
• Licensee, at its expense, shall comply with all applicable federal, state and local laws,
ordinances, regulations, rules and orders with respect to the use of any permitted areas.
• Licensee shall maintain all vehicles in neat, clean, mechanically sound and painted condition at
all times
• Licensee shall adhere to a transit schedule and provide on -time pick -up and drop off to SARTC
patrons
• Licensee shall maintain all proper registration for their vehicles
• Licensee shall maintain all proper insurance for their vehicles
• Licensee must meet or exceed all governmental requirements regarding the inspection and
maintenance of their vehicles and provide monthly log
• Licensee shall have a strong financial background with a multi -year successful operating history
and the resources to pay any fees promptly and in full
• Licensee shall adhere to all rules and regulations regarding the flow of bus /shuttle traffic at
SARTC
• Licensee shall work with SARTC management to ensure all safety protocols are strictly adhered
to
• Licensee shall work with SARTC management to manage ridership during peak and high volume
hours
• Licensee shall employ best in class drivers with all proper credentials necessary to operate a
bus /shuttle
• Licensee shall employee the appropriate security protocols to operate for the public good within
a facility of the scale and prominence of SARTC
• Licensee shall receive payment from patrons via cash and /or debit card /credit card
All buses accessing SARTC must be clearly identified with licensee business name and DOT
number
• Provide, if any, information regarding online ticket purchase capabilities for patrons
• Licensee must notify the City as soon as the FMCSA classifies high alert statuses of any reason
12
TRESE -1 OP ID: BUMA
CERTIFICATE OF LIABILITY INSURANCE D0 911 8120 11YY)
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
PRODUCER
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
NAME7V Steve Falcon
Falcon 6 Associates
Insurance Services, Inc,
PHONE FAX
tAIC, No, Exq 323. 569.0760 (MC. Nol: 323. 669.0785
2615 Santa Avenue
A X COMMERCIAL GENERAL LIABILITY
EMAIL
AODREss: stove @faisinc.com
Commerce, CA 90040
DAMAGE ooa a�cE} s 100,06
Steve Falcon
INSUREINS) AFFORDING COVERAGE NAICR
PER L AGGREGATE I. IMIT APPLIES PER
GENERAL AGGREGATE 1 61000,0
INSURER A: Colony insurance Company 39993
INSURED Tres Estrellas de Oro Inc.
01 HER
INSURER a
1000 E. Santa Ana Blvd, #14
COMBINED SINGLE LIMIT $
IEa a.laent�
ANY AUTO
Santa Ana, CA 92701
ALL OWNED SCHELIUI.EU
INSUREaC
AUTOS AUTOS
INSURER D.
PROPERTY DAMAGE
HIREOAUTOS AUTOS
INSURER E
INSURER F
rnVPRArOFC CFRTIFICATF NIIMkFR,
RFVIBInN NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CCNDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ILTR TYPE DP INSURANCE ANDL W 0 POLICY NUMBER POLICY IDfYYYY MMIDCRYYYY
LIMITS
A X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE 5 5,000,00
CLAIMSnMAOE X a:cuR X 101 GL 0026103 -00 0711612016 6771872616
DAMAGE ooa a�cE} s 100,06
MEDF%PiA,� T.Oereml $ 5,00
PERSONAL S ADV INJURY $ 3,000,00
PER L AGGREGATE I. IMIT APPLIES PER
GENERAL AGGREGATE 1 61000,0
X POLICY JC`
JEGT 1.00
PROOLICTS- COMPIOPAGG S 5,000,00
01 HER
S
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
IEa a.laent�
ANY AUTO
POOR INJURY (Per Pei eons I
ALL OWNED SCHELIUI.EU
E001LY INJURY I Pel acceenp a
AUTOS AUTOS
N GOWNED
PROPERTY DAMAGE
HIREOAUTOS AUTOS
Pr,'acutlenll
UMBRELLA LIAR OCCUR
EACHOCCLCRESNCE c M.
EXCESS LIA8 CLAIMS MADE. .
AGGREGATE 5
DEC RE rEWIONS
WORKERS COMPENSATION
YFR OTH
AND SMPLOYERS'LIABILITY YtN
Si ATUTE ER
AN' r— t --I
P. i. EAGHACGIOENT 3
OFFICF,R{MEMH " ".LUUEG'C J WA
L
E)RML
dtory In NH) -'
It
EL DISEASE EA EMPLOYEE $
.s
O re5 dabcll
DESCRIPTION N OF GF O PERHI'IONS PeIOw
EL DISEASE POLICY LIMIT' ..
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORO 101, Additional Rama AC Schedule, maybe attached a more apoce is requveUl ~
'PLEASE SEE 2ND PAGE FOR ADDITIONAL INFORMATION
REVIEWED BY: _.
EUNICE HEREDIA {PG / OF,3 }. I
The City of Santa Ana, It's
Officers, employees 5. agents
22 Civic Center Plaza (M21)
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
r
ZrI IQAA.2B1A ArnRn tnRPCIRATIn N. A11 dnfirn rwnwrvwd
ACORD 26 (2014761) The ACORD name and logo are registered marks of ACORD
NOTEPAD TRESE -1
iN5URE0'S NAME Tres Estreilas de Oro Inc. OP ID: BUMA
tificate holder is added as ADDITIONAL INSURED as respects to leased
mises located at the: Santa Ana Regional Transportation Center, 1000 E.
to Ana Blvd., Santa Ana, CA 92701 and per attached endorsement.
is also agreed that this insurance shall be Primary S Non - Contributory.
PAGE 2
Gaya 09118/2015
REVIEWED BY: V41 . EUNICE HEREDIA (PGZOF '3)
Insurance Company _____Colony Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# _101 GL 0025103 -00 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
82702; its officers, employees, agents and volunteers are named as additional insureds
( "additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective 7/18115 this endorsement form as a
part of Policy # _101 GL 0025103 -00 _ _T
Issued to Tres Estrellas de Oro,
Inc
Countersigned by
Authorized Representative
REVIEWED BY: Z,4t j44 C I EUNICE HEREDIA (PG :50F -'S )