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HomeMy WebLinkAboutORTUNO, ORFILDA MAGANA0: Mindy Ly PWA( ,1 2g ifs College Park Plaza N-2016-196 City sof Santa Arta COMMERCIAL LEASE AGREEMENT In consideration of the covenants herein, the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("LANDLORD') hereby lasses to Orflida Magana Ground ('TENANT') the following premises,.L Bristol Road Suite A sante & ,,Q6 (the "Premises"). LANDLORD and TENANT now covenant and agree that the following terms and conditions shall govern this Lease.. 1. .TERM, The term begins on t<tovember 9.2Q16 and ends an 1„tgvember3t}. 291fi and thweafter shall continua on a mtrn0i-to-month basis unlit either TENANT or LANDLORD provide notice in writing 30 days prior to the date of its Intent to terminate the lease. 2. RENT. "Rent" shall mean all monetary obligations of TENANT to LANDLORD under the terms of this Lease, except security deposit TENANT shall pay to LANDLORD, without deduction or offset,. Base Rent at the rate of 31,AQ0.00 per month for the term of the agreement. Tenant shall pay initial rent of 81,4.E for the month of November 2016, Rent Is to be paid to Landlord to either cashier's check or money order made payable to the "City of Santa Ana' at its address set forth in Paragraph 20 of this Lease or at any other place designated In writing by Landlord from time to time. Rent payments shall be due on the 1v day of each month: 3.. UTIL171ES, TENANT shall pay for all gas service, electrical services, telephone services, telecom services, and other utilities and services provided to the Premises during the tam of the lease unUi TENANT vacates that property. LANDLORD shalt pay for waterservice. TENANT will terminate any and all accounts for said services when Lessee vacates prop", . 4, AECURiTYDEPO . (CHECK ONLY ONE) o TENANT shall pay to LANDLORD a security deposit of $0 U.S, dollars upon TENANT's execution of this Lease. a TENANT has on deposit with LANDLORD a security deposit of $1400 00 U.S, dollars, which LANDLORD has obtained from the prior owner(s) of the property. Said security deposit shall he held as security for TENANT's performance hereunder and refunded to TENANT without interest at the end of this Lease, subject to TENANT'S satisfactory compliance with the conditions hereof. TENANT may not apply the security deposit to any payment due under the Lease. In ..the event of any default or breach of this Lease by TENANT, however, LANDLORD may elect to apply the security deposit first to any un-amarized improve meras completed for TENANT's occupancy, then to offset any outstanding Invoice or other payment due to LANDLORD, and them to outstanding Rent If all or any portion of the security deposit Is applied to cure a. default or breach during the term of this Lease, TENANT shall restore sold deposit to in, fait amount within 3 days following receipt of written demand. TENANTS failure to remit the Ani security deposit (when mqufmd) or any portion thereof, or to restore said deposit when due shall constitute a substantial Lease default, Within 30 days after the termination of this Lease and Tenants vacation of the Premises, LANDLORD shall: (i) furnish Tenant an itemirred statement indicating the amount of security deposit received and the basis for its disposition, and (it) return any remaining portion of security deposit to TENANT.. S. LATE CHAR QR �_'�TL,NSF CHECKS. TENANT acknowledges that either late payment of rent or Issuance of a Non -Sufficient Funds. (NSF) check may cause LANDLORD to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on LANDLORD, if any Installment of Rent due from TENANT Is not received by LANDLORD within 5 calendar days after date due, or if a chars is refunded NSF, TENANT shalt pay LANDLORD, respectively, a foe of 10% of the rental rate for tate charges, and $25.00 as a NSF fee, any of which shalt be deemed additional Rent LANDLORD and TENANT. agree that these charges represent a Fair and. reasonable estimate of the costa LANDLORD may incur by reason of TENANTS late or NSF payment Any Isle charge, interest, or NSF fee due shall be paid immediately Upon demand. LANDLORD`s acceptance of any late charge, interest or NSF fee shalt not wrisdaite a waiver as to any default of TENANT. L.ANDLORD's right to collect a late charge, int®rest or NSC' fee shall not be deemed an extension of the date Rent Is due under Paragraph 2, or prevent LANDLORD from exercising any other rights and remedies under this Lease and as provided by law. 6. TERMINATION. This Lease may be terminated at any time by LANDLORD or TENANT upon thirty (34) days' prior written notice, Such notice shall be deemed given upon the mailing thereof, postage prepaid, to the other party at the address set forth below. Neither the termination provision of this Paragraph 8 nor the term of this Lease as set forth in Paragraph 1 above shall be relevant or affect LANDLORD and TENANT in any negotiation or proceedings to determine TENANT's right to relocation expenses by reason of LANDLORD's acquisition of the property. Sm,gce PeroemlA4—pAi$tlYkA 7, MQUEAKY, If TENANT continues to occupy, control or encumber all or any part of the Premises after the termination of this Lease withicilitthe written permission of LANDLORD, TENANT shall be liable to LANDLORD for any and all loss, damages or expenses Incurred by LANDLORD, and all terms of this Lease shelf continue to apply, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of TENANT. TENANT's control, occupancy or encumbrance of all or any part of the Premises beyond noon on the lost day of any monthly rental period shall constitute TENANT's occupancy for an entire additional month, and payment for Rent shall be due and payable Immediately In advance, LANDLORD's acceptance of any payments from TENANT during such extended occupancy shall not after TENANT's status as aTENANT at sufferance, & USE _QF_RREMISES. TENANT shall use the Premises only for retail sales No other use is permitted without LANDLORD's prior written consent. TENANT shall not permit any use of the Premises which will adversely affect or make voidable any Insurance on the property of which the Promises are a part, or on the contents of said property, or which shall be contrary to any low, regulation or recommendation made by the Insurance Services Office (or successor organization), state fire prevention agency, local fire department, LANDLORD's Insurer or any similar andly. TENANT shall on demand reimburse LANDLORD all extra Insurance premiums caused by TENANT's use of the Premises. 9. 9QMEWS. TENANT agrees not to use the Promises In any way that may be unlawful, improper, noisy, and offensive or contrary to any applicable statute, law, regulation, ordinance or restriction. TENANT shall keep all employees working in the Premises covered by Worker's Compensation Insurance as required by law and shall obtain any licenses and permits necessary for TENANT'S use and occupancy, TENANT shall be responsible for causing the Promises and any alterations by TENANT allowed hereunder to be In full compliance with all applicable statutes, laws, regulations, ordinances and restrictions, 10. ASqS1nGNM9ENLQ&JUftLE&aE, In no case may TENANT assign this Lease or sublet or otherwise transfer possession of all or any portion of the Premises to any other persons or entities, current or prospective tenant of LANDLORD, or any affiliate of such current or prospective TENANT. 11. Upon twenty-four (24) hours written notice, LANDLORD and its agents and designees may at any reasonable time enter to view the Premises and TENANT's operations thereon to determine TENANT's compliance with the terms of this Lease; to show the Promises to others; to make repairs and alterations as LANDLORD or its designee should elect to do for the Premises, the common areas, or any other portions of the building; and without creating any obligation or liability for LANDLORD, but at TENANT's expense, to make repairs which TENANT Is required but has failed to cim 12. ACCESS AND PARKING. Unless otherwise provided herein, TENANT shall have the right without additional charge to use parking facilities provided for the Premises in common with others enfifled to the use thereof, TENANT shall not obstruct any portion of the building or Its walkways and approaches. 13, MME—AR—F6. Anything held or stored by TENANT' in any common area without LANDLORD's prior written consent shall be deemed abandoned and may be rernoved by LANDLORD at TENAN'rs expense without codes. 1a,ONOITION OP PREMISES. Tenant acknowledges that the Premises are clean and In a good and operative condition and state of repair and are acceptable to Tenant In ail respects, with the following Items listed as exceptions shall be dealt with in the following mariner, 15. MAINTENANCE OP PRE lMi, Except for Landlord's obligations of maintenance in the Immediately following paragraph, TENANT shall professionally maintain the Premises and all parts thereof, including, without limitation, electrical, plumbing, mechanical, lighting, water systems and fixtures, it any, glass, windows and doors, in good, operable and safe condition and repair. If TENANT Wits to maintain and repair the Premises, LANDLORD may contract for or perform such maintenance, and charge TENANT for the cost therectlegether with an administration fee equal to 15% of such cost LANDLORD shall maintain the roof, foundation, exterior wells and common areas. All maintenance provided by LANDLORD shall be during LANDLORD's normal business hours, Except for the foregoing, and as may otherwise be expressly provided in this Lease, Landlord has no duty to maintain or repair the Premises or any part thereof, 18. ALTERATIONS, TENANT shall not make structural alterations, additions or improvements of any kind to the Promises, but may make nonstructural alterations, additions or improvements with LANDLORD's prior written consent. All such allowed alterations, addidans, and Improvements shall be at TENANT's expense and shall contain to LANDLORD's building standards and construction specifications. If LANDLORD or Its agent provides any services or maintenance for TENANT In connection with such alterations, addition$ and improvements or otherwise under this lease, TENANT will promptly pay any just invoice. TENANT shall obtain a lien waiver from any contractor it employs prior to commencement of any work. TENANT shall not permit any mechanics' none, or similar liens, to remain upon the Premises in connection with any work performed or claimed to have been performed at the rifirectIon of TENANT and shall cause any such lien to be released or removed forthwith without cost to LANDLORD, Any alterations, additions and Improvements shall become part of the Promises and the property of LANDLORD, LANDLORD shall have tie right at any time to make additions to the building, change the arrangement of parking areas, stairs or walkways, or otherwise alter common areas or the exterior of the building. 17. MECHANICS LIENS. TENANT shall keep property free from any liens arising out of any work performed, material fumished, or obligations Incurred by TENANT, or any tenant or subtenant thereof. TENANT shall obtain a lien waiver from any contractor it employs prior to commencement of any work, TENANT shall not permit any mechanics' liens, or similar liens, to remain upon the Premises In connection with any work performed or claimed to have been performed at the direction of TENANT and shall cause any such lien to be released or removed forthwith without cost to LANDLORD. TENANT shall indemnify, defend with counsel selected by LANDLORD, protect and hold LANDLORD, its directors, officers, employees, contractors, agents, assigns,. and .any successor or successors to LANDLORD's interest harmless from and against all claims, actual damages {including, but not limited to, special .and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, Interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness' fees and costs incurred In connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid,. Incurred or suffered by, or asserted against, the Property, or any Indemnified party directly or indirectly arising from or attributable to any work performed, material furnished, or obligations incurred by TENANT, or any tenant or subtenant thereof, % EIRE PREVENTION. TENANT agrees to use every reasonable precaution against fire; to provide and maintain approved, labeled Ere extinguishers, emergency lighting equipment and exit signs, and to complete any other modifications within the Premises as required or recommended by the Insurance Services Office (or successor organization), OSHA, the local fire department, LANDLORD's Insurer or any similar entity. 19. FIRE; CASUALTY. Should there be Substantial Damage to the Premises by reason of fire or other casualty, LANDLORD may, in its sole discretion, by written notice given within 30 days following the date of the casualty, elect to terminate this Lease as of the date of the casualty or (at Its expense) to restore the Premises to a condition substantially suitable for their Intended use. If Landlord We to give written notice of its election to so restore the premises within 30 days following the date of the casualty, Landlord will be deemed to have elected to terminate this Lease as of the date of the casualty. For purposes of this Paragraph, "Substantial Damage" to the Premises veil be deemed to have occurred if the cost of restoring the Premises to their condition Immediately prior to the casualty would excised fifty. percent (50%) of the monthly Base Rent set forth in Paragraph 2. If there is Substantial Damage to the Premises, and Landlord has given written notice of its election to restore the Premises, then TENANT may elect to terminate this Lease if LANDLORD falls to restore the Premises to a condition substantially suitable for their Intended use within 90 days after the date of the Casualty. If the Premises are damaged by fire or other casualty and the damage isnot Substantial Damage, then Tenant (at its expense) shall promptly and diligently restore the Premises to a condition substantially suitable. for their intended use, 20. INSURANCE, TENANT shall obtain and keep in force a Commercial General Liability policy of Insurance protecting TENANT and naming LANDLORD as additional Insured against claims for bodily Injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises, and all areas appurtenant thereto. Such insurance shall be on an occurrence. basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less tban $1.,000,000,. an "Additional Insured -Managers or Lessors of Premises Endorsemenf' and contain the "Amendment of the Pollution Endorsement" for damage caused by heat, smoke, or fumes from hostile fire, The policy shall not contain any intra -Insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract' for the performance of TENANT's indemnity obligations under this Lease.. The limits of said insurance shall not, however, limit the liability of TENANT nor relieve TENANT of any obligation hereunder. All Insurance carried by TENANT shall be primary and not contributory with a similar insurance carried by LANDLORD, whose Insurance shall be considered excess insurance only, Failure to maintain a certificate of insurance on file with LANDLORD evidencing such Insurance shall be cause for termination, 21. SECURITY MEASURES. TENANT hereby acknowledges that tine Rent payable to LANDLORD hereunder does not include the cost of guard service or other security measures, and that LANDLORD shall have no obligation whatsoever to provide same, TENANT. assumes all responsibility for the protection of the Premises, TENANT, its agents and invitees to the property from the acts of third parties. 22, NDEMNiEI LANDLORD. Except for LANDLORD's gross negligence or willful misconduct, and without IimiGng any other obligations of Indemnity on TENANT'S part under this Lease, TENANT shall indemnify, defend, and hold harmless, LANDLORD,. Its officers, employees, agents, successors and assigns, from and against any and all claims, losses, liabilities, fines; penalties, actions, proceedings, judgments, costs and expenses (including attorneys' and consultants' fees and costs) arising out of, involving, or in connected with (a) the use andtor occupancy of the Premises by TENANT, (b) the acts or omissions TENANT and its officers, agents, employees, contractors, customers and Invlta ss In or about the Premises, and (c) any failure by TENANT to perform any of its obligations under this Lease. If any action or proceeding is brought against any indemnified party by reason of any of the foregoing matters, TENANT shall upon notice from LANDLORD defend the same at TENANT's expense by counsel reasonably satisfactory to LANDLORD and such indemnified party shall cooperate with TENANT In such defense. LANDLORD need not have first paid any such claim in order to be defended or lndemrdfied. n �anr�ua tTu -ca, smr�n 23. EMPTION OF LANDLORD E8QM ]JAD1j M. LANDLORD shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of TENANT, TENANT's employees, contractors, invitees, customers or any other person in or about the Promises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defect; of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of LANDLORDS's property, or from other sourcesor places. LANDLORD shall not be liable for any damages arising from any actor neglect of any other tenant of LANDLORD nor from the failure. of LANDLORD to enforce the provisions of any other lease on the property. Notwithstanding. LANDLORD's negligence or breach of this Lease, LANDLORD shall under no circumstances be liable for injury to TENANT's business or for any loss of Income or profit therefrom. LANDLORD shall not heliable to anyone for, nor shall TENANT's obligations under this Leese be reduced because of, loss or damage caused in any way by the use, leakage, seepage, flooding or escape of water or sewage in any form or from any source,. by the interruption or cessation of any service rendered customarily to the Premises or building or agreed to by the terms of this Lease, by any accident, the making of repairs, alterations or Improvements, labor difficulties, weather conditions, mechanical breakdowns, trouble or scarcity in obtaining fuel, electricity,. service or supplies from the sources from which they are usually obtained, by any change in any utility or service provider, or by any cause beyond LANDLORD's immediate control 24, AA§SUMPTION QF RiSI$ 6 ND INDEMNH'Y. TENANT assumes all risk of loss to itself, which in any manner may arise out of the use of the Premises under this Lease. Further, without limiting any other obligations of indemnity on TENANT'S part under this Lease, TENANT, its successors and assigns, shall indemnify and defend LANDLORD and its directors, officers, agents, contractors, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by LANDLORD's staff attorneys; .resulting from injury to or death of TENANT, its successor and assigns, and invitees; and any person who otherwise Is lawfully on the property; or damage to :any property, including property of LANDLORD, or damage to any other Interest of LANDLORD, Including but not limited to suit alleging noncompliance withany statute or regulation which In any manner may arise out of the issuing of this Lease; or use by TENANT of the Premises, or any adjoining land used with the property. All common areas, including but not limited to any parking areas,stairs, corridors, roofs, walkways: and elevators (herein collectively called the common areas) shall be considered a part of the Premises for liability and Insurance purposes when they are used by TENANT or TENANT's employees, agents, callers or invitees. 25. AIVER. The waiver by LANDLORD of any breach of any term, covenant, or condition herain contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant,. or condition, or of any other term, covenant, or condition herein contained, The acceptance by LANDLORD of any rental or other payments ova hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Lease by TENANT shall not be construed as a waiver of any such breach. The acceptance at any time or times by LANDLORD of any sum less than that which Is required to be paid by "TENANT shall, unless LANDLORD specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which It is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any wdling transmitting the same. 26. HAZARDOUS SUBSTANCES. For purposes of this Lease, the term "Hazardous Substance" means: (i) any substance, product, waste or other material of any naturewhatsoever which is waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9601, et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 8901, at seq. (CEROLA); the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Sechon 9.801, et seq.; the Resources Conservation and Recovery Act, 42 United States Code. Section 8901, at seq. (RCRA); the Clean Water Act, 33 United States Code Section 1251, et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601, at seq.; the California Hazardous Waste Control Act, Health and Safety Cede Sectton26100,etsaq.; the California Hazardous Substance Account Act. Health and Safety Code Seation25330, etseq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5, at son.; California Health and Safety Code Section 25280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Secdons25170.1, etseq., California Health and Safety Code eections26601, etseq. (Hazardous Materials Release Response Pians and Inventory); lir the California Porter -Cologne Water: Quality Control Act, Water Code Section 13000, of seq.,;all as amended, (the above-clted California state statutes are hereinafter collectively referred to as "the State Toxic Substances Laws") or any otherfederal, state, or local statute, law, ordinance, resolution, coda, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous or toxic substance hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give use to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, Intentionaltort, nuisance or strict liability or under any reported decisions of a state or federal court; (ill) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly -operated motor vehicles; and, (iv) asbestos. r van."�:cm.r"r saw a. LANDLORD makes no warranty or representation whatsoever concerning the Property, including without limitation, the condition, fitness or utility for any purpose thereof, any Improvements thereto or personal property located thereon, or compliance thereof with applicable laws, ordinances or governmental regulations, and the TENANT's right to use the property Is stdctly'as is",. with all faults, and LANDLORD hereby disclaims all other warranties whatsoever, express or Implied, including, without limitation,any warranty as to the presence or absence of Hazardous Substances, the condition of the soil (or water), geology, and any warranty of merchantability or habitability or fitness for a particular purpose, b. Except as otherwise permitted in this Lease, TENANT shelf not use, create, store or allow any Hazardous Substances on the Property. TENANT shalt not cause or permit fuel or other Hazardous Substances to contact with the soil or subsoil and any such Hazardous Substances shall be removed from the property by TENANT by lawful means, C. In no case shall TENANT cause or allow the deposit or disposal of any such Hazardous Substances on Property. d, No underground storage tanks shall be Installed C TENANT shall, within reasonable time, either prior to the release or following the discovery by TENANT of the presence of or believed- presence of the hazardous substance as defined herein, give written notice to LANDLORD in the event that TENANT knows or has reasonable cause to believe that any release of a hazardous substance has come or will come to be located on or beneath the subject Property, The failure to disclose in a timely manner the release of either a material amount of hazardous substance or an amount which Is required to be reported to a state or local agency pursuant to low (e.g. California's Hazardous Materials Storage and Emergency Response Act, Health and Safety Code .Section 25550,. at socl), may subject TENANT to a default on this Lease in addition to actual damages and other remedies provided by law. TENANT shall .Immediately clean up. and completely remove from the Property all Hazardous Substances used, stared or created by TENANT on the Property,in a manner that is in all respects safe and to accordance with all applicable laws. f. TENANT shall disclose to LANDLORD Its disposal of any Hazardous Substances located In Property and provide written documentation of its safe and Iso disposal. g. Breech of any of these covenants, terms and conditions shall give LANDLORD the authority to Immediately terminate this Lease center to shut down TENANT'.s operations thereon,. pending rectification of the breach, in which case, TENANT will continue to be liable under this Lease to clean up all Hazardous Substances from the Property. TENANT shall be responsible for and bear the entire cost of removal and disposal of Hazardous Substances Introduced to the Property during TENANTs period of use and possession of the Property, except where such Hazardous Substances are placed thereon by LANDLORD or LANDLORD's agents. LANDLORD may pass through to TENANT any and all cleanup costs incurred_ by LANDLORD as a result of TENANT's activities on the Property.. Notwithstanding the foregoing, TENANT shalt he responsible for any cleanup or decontamination on or off the Property necessitated by the presents of such Hazardous Substances. Upon termination of this Lease, TENANT is required, in accordance with all laws, to remove from the Property any equipment or improvements to the Property that could be contaminated by Hazardous Substances, h. TENANT shalt indemnify, defend with counsel selected by LANDLORD, protect and hold LANDLORD, its directors,officers, employees, contractors, agents, assigns, and any successor or successors to LANDLORD's interest harmless from and against. all claims, actual damages (including, but not limited to, special and consequential damages), punitive damages, Injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness' fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the. Property, or any indemnified party directly or Indirectly arising from or attributable to any repair, cleanup or detozPFication, or preparation and implementation of any removal, remedial, response, olosure, or other plan concerning any hazardoussubstance on, under, or about the Property, regardless of whether undertaken due to governments] action. To the fullest axtent pormitted by law, the foregoing Indemnification shall apply regardless of the fault, active or passive negligence, breach of warranty or contract of ACE. The foregoing indemnity is intended to operate as an agreement pursuant to CERCLA Section 107(e) of 4E United States Code Section 9607(E), and California Health and Safety Coda Section 25364:, to insure, protect, hold harmless and indemnify LANDLORD from any liability pursuant to such sections.. I HAVE READ AND UNDERSTOOD PARAGRAPH 26 HAZARDOUS SU6wTAN= TENANT's Initials e m.,tm-ry 27, BROKERAGE, TENANT warrants and represents to LANDLORD that TENANT has dealt with no broker or third person with respect to this Lease, and TENANT agrees to indemnify LANDLORD against any brokerage Claims arising out of this Lease,. LANDLORD warrants and represents to TENANT that LANDLORD has employed no exclusive broker or agent in connection with this Lease. if either party introduces a broker or third person on Its behalffor any extension, renewal or expansion of this lease, any fees or commissions shall be the sole responsibility of the party engaging such broker or third person, 28. NOTICE, All notice*, requests, demands and other Communications required or permitted to be given under the terms of this Lease by one party to the other shall be in eiriting addressed to the midplent party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if delivered personally (including by commercial courier or delivery service) to the party's Notice Address, then asof the date delivered (or if delivery is refused, on presentation), or (b) if mailed by certified mall to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party's Notice Addresses evidenced by the return receipt, or (c) if mailed by first class mail to the nerve Notice address, postage prepaid, then on the third (3rd) day following deposit In the United States Mail, Any party may change its .Notice Address by a notice given in the foregoing torn and manner, The Notice Addresses of the parties are: If to LANDLORD: The City of Santa Ana C/o Paragon Partners Ltd. 5782 Balsa Avenue, Suite 261 Huntington Beach, California 92649 Fax: (714) 379.3376 If to TENANT: Clothing Orfs Rope, Chtldrens Clothing Store Attn: Orfiida Magana crumo 1440 South Anaheim Blvd. Anaheim, CA 92605 Phone: (714) 341-3175 Notwithstanding the foregoing, LANDLORD may always use the address of the Premises as TENANTS Notice Address, 29, QFRgNDffl. On or before the termination of this Lease, TENANT shall remove all of TENANT's goods, trade f4hres, personal property and effects from the Premises, and shall deliver to LANDLORD actual and exclusive possession of the Premises and all keys and locks thereto, TENANT shall deliver the Premises fully sanitized from any chemicals or other contaminants, broom clean, and In at least the same condition as they were at the commencement of the Lease or any prior lease between the parties for the Premises, or as they were modified during said tann with LANDLORD's written consent, reasonable wear and tear only excepted, and TENANT shall be deemed to be encumbering the Premises until A delivers the Premises to LANDLORD In the condition required under this Lease. Any of TENANT's property that remains in the Premises upon termination of the Lease shall be deemed abandoned and shall be disposed of as LANDLORD sees fit, with no liability to TENANT for loss or damage thereto, and at the sole risk of TENANT, To the extent permitted by taw, LANDLORD may remove and stare any such property at TENANT's expense; retain same under LANDLORD'scontrol; sail some at public or private sale (without notice) and apply the net proceeds of such sale to the payment of any sum due hereunder, or destroy same. In no case shall the Premises be deemed surrendered to LANDLORD umll the termination date provided heroin or such other date as may be specified in a written agrasmenfbatween the parties, notwithstanding the delivery of any keys to LANDLORD, 30, JOINT AND SEVERAL. ETC, If TENANT is several persons, corporations, or other legal entities, or a partnership, or some combination thereof, TENANT's obligations are joint and several, 'LANDLORD" and "TENANT" mean the person or persons, natural or corporate, named above as LANDLORD and as TENANT respectively, and their respective heirs, executors, administrators, successors and assigns, 31. DEFAULT AND REMEDIES, If TENANT faits to pay Rent when due, or to perform any term of this Lease, then, after not less than 3 days' written notice of default given in the manner required by law, LANDLORD, at LANDLORD'S option, may terminate this Lease, unless TENANT; withinthe time specified in such written notice, cures the default, If TENANT detaults., LANDLORD may elect to: (a) continue this Lease in Affect, and enforce all of LANDLORD'S right and remedies under this Lease, including the right to recover Rent as it becomes due, or (b) at any time, terminate all of TENANT'S rights under this Lease, and recover from TENANT all damages LANDLORD may incur by reason of TENANTS default, Including the cost of recovering the Premises and including the worth at tire time of termination or at the time of an award If suit is instituted to enforce this provision, of the amount by which the unpaid Base Rent for the balance of the term exceeds the amount of rental loss that the TENANT proves could be reasonably avoided, In additbn to any other rights and remedies allowed by this Lease or by law, LANDLORD shalt nave the remedies set forth in California Civil Code Sections 1961.2 and 1951 A, 32, $T„JQ Ni',aaT_q'."�i The prevailing party in any action brought by either party hereto based on any claim arising under this Lease shall be entitled to reasonable attorneys' fees. 38, AMENDMENT. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the parties hereto. M,xgynn.nrmsLm—em ssnku fj 34. TI,jNE OF ESSENCE. Time is of the essence of each and every term, condition, obligation, and provision hereof. 35. AMERICANS WITH DISABILITIES ACT, Since compliance with the Amedcans with Disabilities Act (ADA) is dependent upon TENANTS specific use of the Premises, LANDLORD makes no warranty or representation as to whether or not the Premises comply with the ADA or any similar legislation. In the event that TENANT's use of the Premises requires modifications or additions to the premises in order to be in ADA compliance, TENANT agrees to make any such necessary modifications and/or additions at TENANT's expense. 36. HEADINGS:_E HK iBiTS. The section headings in this Lease are for convenience of reference only and are not to be referred to in construing or Interpreting this Lease. All exhibits referred to In this Lease area part of this Lease. 37. SEVERABILITY. The Invalidity or unenforceability of any term or provision of this Lease shall not affect the validity or enforceability of any other term or provision of this Lease all of which shall remain In full force and effect. 38. COUNTE$PA_TS. This Lease may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument Signature pages of this Lease may be detached from any counterpart and re -attached to any other counterpart of this Lease which is Identical In form hereto but having attached to it one or more additional signature pages. 39. GOVERNING LAW. This Lease is to be governed by and construed in accordance w4h; the laws of the State of California. IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease to be duly executed by their respective duly authorized officers or representatives this _ day of - . 2016. LANDLORD: h City of SANTA Municipa rporafion David Cavazos (J City Manager APPROVED AS TO FORM: '"�' rsn M Funk istant City Attorney ATTEST: Marfa Q. Huizar Clerk of the Council PieSon Pmmm, LYA—PL19mkw TENANT: Orfitda Magana Ortuno By: PrinAn4V��� PriTitin By'. Print name: Title: