HomeMy WebLinkAboutContracts & Agreements_3-2004 Recorded In Official Records,County of San Bernardino 6118/2004
LARRY WALKER T `��"
RECORDING REQUESTED yr
BY AND WHEN RECORDED eA °^M° Auditor/Controller — Recorder
RETURN TO. 4k f R Regular Mail
Doc#: 2004-0433398 Titles: 1 Pages: 16
City Clerk's Office Feer. 0.)o
City of Redlands 0.30
other 0.30
Post Office Box 3005 PAID $0.r0
Redlands, California 92373
Fees Not Required
Per Government Code
Section 6103
LEASE AGREEMENT
BETWEEN
CANYON CITY TRANSFER AND STORAGE, INC.
AND
CITY OF REDLANDS
REDEVELOPMENT AGENCY
LEASE AGREEMENT
TABLE OF CONTENTS
1 Basic Lease Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4 Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 Use of Premises and Project Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Personal Property Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10 Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
11 Release and Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13 Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
14 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15 Assignment or Sublease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
16 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
17 Landlord's Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,7
18 Entry on Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19 Subordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
20 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22 Surrender of Premises; Holding Over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
23 Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
24 Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
25 Waiver of Redevelopment Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26 Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exhibits
A. The Premises
Canyon City'rransferStorage Uase,wpd
LEASE AGREEMENT
1. Basic Lease Terms
a. DATE OF LEASE EXECUTION: May 18, 2004
b. TENANT: Canyon City Transfer & Storage, Inc., a
California Corporation
Address (Leased Premises): 31 W. Stuart Ave. Redlands CA
Address (For Notices): 31 W. Stuart Ave. Redlands, CA 92374
C. LANDLORD: The Redevelopment Agency of the City of
Redlands
Address (For Notices): P. 0. Box 3005, 35 Cajon Street, Suite 200,
Redlands, CA 92373
d. TENANT'S USE OF PREMISES: Tenant shall use the Premises for the purpose
of a moving and storage company as permitted
by current use.
e. PREMISES AREA: Approximately 6,000 Rentable/Usable Square
Feet of building as well as Land consisting of
approximately 27,000 square feet.
f. TERM OF LEASE: Commencement on May 18 , 2004 and
terminable upon 120 days prior written notice.
g. BASE MONTHLY RENT: $2,100.00 per month
h. RENT ADJUSTMENT: Cost of Living. The cost of living provisions
of section 4.b apply based on the Index for the
Los Angeles, Long Beach, Anaheim
geographical area. The minimum annual
increase shall be 3%and the maximum annual
increase shall be 8%.
I. REAL ESTATE TAXES: Lessee shall pay the Real Estate Taxes
Section 1 represents a summary of the basic terms of this Lease. In the event of any inconsistency
between the terms contained in Section 1 and any specific clause of this Lease,the terms of the more
specific clause shall prevail.
Canyon City TraosferSiornge Lense.wpd I
2. PREMISES. Landlord hereby leases to Tenant and Tenant leases from Landlord, those
certain premises described in Section 1 and in Exhibit"A"attached hereto (the "Premises").Tenant
acknowledges that it has examined the Premises and accepts the Premises in their "as is" present
condition.
3. TERM. The term of this Lease shall commence on May 18, 2004 and shall continue on a
month-to-month basis. This Lease may be terminated at any time by Landlord,without cause,upon
One Hundred Twenty (120) days prior written notice to Tenant.
4. RENT.
a. Base Rent. Tenant shall pay Landlord monthly base rent in the initial amount set forth in
Section I which shall be payable monthly in advance on the first day of each and every
calendar month ('Base Monthly Rent").
b. Rent Adjustment. Cost of Living Adjustment. The Base Monthly Rent shall be subject to
increase on each annual anniversary of the commencement of the term of this Lease. The
base for computing the increase is the Consumer Price Index all urban consumers for the
geographical area shown in Section 1 (1967 = 100), published by the United States
Department of Labor, Bureau of Labor Statistics ("Index"), which is in effect on the
ninetieth (90th) day preceding the date of the commencement of the term ('Beginning
Index"). The index published and in effect on the ninetieth (90th) day preceding each
anniversary of the commencement of the term of this Lease ("Extension Index") is to be
used in determining the amount of the increase from one year to the next. Beginning with
the rent due on and after the first anniversary of the commencement of the term of this
Lease, and on and after each subsequent anniversary, the Base Monthly Rent shall be
increased by multiplying a fraction, the numerator of which is the Extension Index, the
monthly rent due during the subsequent lease year shall equal the monthly rent due during
the then preset lease year.
If the Index is changed so that the base year differs from that in effect when the term
commences, the Index shall be converted in accordance with the conversion factor
published by the United States Department of Labor, Bureau of Labor Statistics. If the
Index is discontinued or revised during the term, such other government index or
computation with which it is replaced shall be used in order to obtain substantially the
same result as would be obtained if the Index had not been discontinued or revised.
c. Expenses. Tenant shall pay the cost of all Expenses related to the use, maintenance,
ownership,repair and insurance of the Premises. The term"Expenses" shall mean all costs
and expenses of the ownership, operation, maintenance, repair and insurance of the
Premises, including, without limitation, the following costs:
(1) All supplies, materials, labor and equipment, used in or related to the
operation and maintenance of the Premises;
(2) All utilities, including without limitation, water, electricity, gas, heating,
lighting, sewer, waste disposal, security, air conditioning and ventilating
costs and all charges relating to the use, ownership or operation of the
Premises;
(3) All maintenance,janitorial and service agreements related to Premises;
Canyon Cny TransferS[oraoe Lease.wpd 2
(4) All insurance premiums and costs, including but not limited to the
premiums and costs of fire, casualty and Iiability coverage and rental
abatement insurance related to the Premises;
(5) All maintenance and repair costs relating to the areas within or around the
Premises.
d. Tenant shall pay all Real Property Taxes including all taxes, assessments (general
and special) and other impositions or charges which may be taxed, charged, levied,
assessed or imposed upon all or any portion of or in relation to the Premises or any
portion thereof, any leasehold estate in the Premises, or measured by rent from the
Premises,excluding any increase caused by the transfer, sale or encumbrance of the
Premises or any portion thereof. "Real Property Taxes" shall also include any form
of assessment, levy,penalty,charge or tax(other than estate,inheritance,net income
or franchise taxes) imposed by any authority having a direct or indirect power to tax
or charge, including without limitation any city, county, state, federal or any
improvement or other district.
e. Possessory Interest Tax. Tenant shall pay any and all taxes and assessments which
may,during the Term of this lease,be levied or assessed on the personal property or
business owned by Tenant and located on the Premises. Tenant acknowledges and
agrees that, in accordance with California Revenue and Taxation section 107.6, the
Premises may be subject to property taxation and that Tenant may be deemed to have
a possessory interest in such property and may be subject to the payment of property
taxes levied on such interest.
f. Rent Without Offset and Late Charge. All rent shall be paid by Tenant to Landlord
monthly in advance on the first day of every calendar month, at the address shown
in Section 1,or such other place as Landlord may designate in writing from time to
time. All rent shall be paid without prior demand or notice and without any
deduction or offset whatsoever.All rent shall be paid in lawful currency of the United
States of America. All rent due for any partial month shall be prorated at the rate of
1130th of the total monthly rent per day. Tenant acknowledges that late payment by
Tenant to Landlord of any rent or other sums due under this Lease will cause
Landlord to incur costs not contemplated by this Lease, the exact amount of such
costs being extremely difficult and impracticable to ascertain. Such costs include
without limitation, processing and accounting charges and late charges that may be
imposed on Landlord by the terms of any encumbrance or note secured by the
Premises.Therefore, if any rent or other sum due from Tenant is not received when
due, Tenant shall pay to Landlord an additional sum equal to 10% of such overdue
payment. Landlord and Tenant hereby agree that such late charge represents a fair
and reasonable estimate of the costs that Landlord will incur by reason of any such
late payment. Additionally, all such delinquent rent or other sums, plus this late
charge, shall bear interest at the then maximum lawful rate permitted to be charged
by Landlord.Any payments of any kind returned for insufficient funds will be subject
to an additional handling charge of$25.00.
5. Use of Premises and Project Facilities. Tenant shall use the Premises solely for the purposes
set forth in Section 1 and for no other purpose without obtaining the prior written consent of
Landlord. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any
representation or warranty with respect to the Premises or with respect to the suitability of the
Canyon City Transfer&orage Lease,wpd 3
Premises for the conduct of Tenant's business, nor has Landlord agreed to undertake any
modification,alteration or improvement to the Premises,except as provided in writing in this Lease.
Tenant acknowledges that Landlord may from time to time, in its sole discretion, make such
modification,alteration,deletions or improvements to the Premises as Landlord may deem necessary
or desirable,without compensation or notice to Tenant.Tenant shall promptly comply with all laws,
ordinances,orders and regulations affecting the Premises.Tenant shall not do or permit anything to
be done in or about the Premises or bring or keep anything in the Premises that will in any way
increase the premiums paid by Landlord on its insurance related to the Premises. Tenant will not
perform any act or carry on any practice that may injure the Premises; Tenant shall not use the
Premises for sleeping or the preparation, manufacture or mixing of anything that might emit an
objectionable odor,noises,vibrations or lights onto such other tenants.If sound insulation is required
to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all
necessary insulation.
6. Signage. All signing shall comply with the City of Redlands' sign codes. Tenant shall not
install,erect or replace any signage without Landlord's prior written consent which approval may be
withheld in Landlord's sole discretion.
7. Personal Property Taxes. Tenant shall pay before delinquency all taxes, assessments, license
fees and public charges levied, assessed or imposed upon its business operations as well as upon all
trade fixtures, leasehold improvements, merchandise and other personal property in or about the
premises.
8. Utilities. Tenant shall pay for all water, gas, heat, light, power, sewer, electricity, telephone
or other service metered, chargeable or provided to the Premises.
9. Maintenance. Tenant shall maintain, in good condition, the structural parts of the Premises,
which shall include but limited to, the foundations, bearing and exterior walls (including glass),
subflooring and roof(including skylights),the unexposed electrical,plumbing and sewerage systems,
including without limitation,those portions of the systems lying outside the Premises,exterior doors
(including glass) window frames, gutters and downspouts on the Building and the heating,
ventilating and air conditioning system servicing the Premises.Tenant shall maintain and repair the
Premises in good condition,including without limitation,maintaining and repairing all walls,floors,
ceilings, interior doors, exterior and interior windows and fixtures as well as damage caused by
Tenant, its agents, employees or invitees or casualty created by a third party. Upon expiration or
termination of this Lease,Tenant shall surrender the Premises to Landlord in the same condition as
existed at the commencement of the term, except for reasonable wear and tear.
10. Alterations. Tenant shall not make any alterations to the Premises, including any changes to
the existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to
such alterations, Landlord may post notices in accordance with the laws of the state in which the
premises are located. Any alterations made shall remain on and be surrendered with the Premises
upon expiration or termination of this Lease,except that Landlord may, within 30 days before or 30
days after expiration of the term,elect to require Tenant to remove any alterations which Tenant may
have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises
to the condition designated by Landlord in its election, before the last day of the term or within 30
days after notice of its election is given, whichever is later. Should Landlord consent in writing to
Tenant's alteration of the Premises,Tenant shall contract with a contractor approved by Landlord for
the construction of such alterations,shall secure all appropriate governmental approvals and permits,
and shall complete such alterations with due diligence in compliance with plans and specifications
approved by Landlord.Tenant shall pay all costs for such construction and shall keep the Premises
and the Project free and clear of all mechanics'liens which may result from construction by Tenant.
Canyon City TransferStorage Umse.wpd 4
11. Release and Indemnity. As material consideration to Landlord, Tenant agrees that Landlord
shall not be liable to tenant for any damage to Tenant or Tenant's property from any cause, and
Tenant waives all claims against Landlord for damage to persons or property arising for any reason,
except for damage resulting directly from Landlord's breach of its express obligations under this
Lease which Landlord has not cured within a reasonable time after receipt of written notice of such
breach from Tenant. Tenant shall indemnify and hold Landlord harmless from the damages arising
out of any damage to any person or property occurring in, on or about the Premises or Tenant's use
of the Premises or Tenant's breach of any term of this Lease.
12. Insurance.Tenant,at its cost,shall maintain public liability and property damage insurance and
products liability insurance with a single combined liability limit of$1,000,000.00, and property
damage limits of not less than$500,000.00,insuring against all liability of Tenant and its authorized
representatives arising out of or in connection with Tenant's use or occupancy of the Premises.Public
liability insurance, products liability insurance and property damage insurance shall insure
performance by Tenant of the indemnity provisions of Section 11. Landlord shall be named as
additional insured and the policy shall contain cross-liability endorsements. On all its personal
property, at its cost,Tenant shall maintain a policy of standard fire and extended coverage insurance
with vandalism and malicious mischief endorsements and "all risk" coverage on the Premises and
all Tenant's improvements and alterations in or about the Premises, to the extent of at lease 90% of
their full replacement value. The proceeds from any such policy shall be used by Tenant first for to
restore the Premises to its original condition and; second for the replacement of personal property
and the restoration of Tenant's improvements or alterations. All insurance required to be provided
be Tenant under this Lease shall release Landlord from any claims for damage to any person or to
the Premises, and to Tenant's fixtures,personal property,improvements and alterations in or on the
Premises caused by or resulting from risks insured against under any insurance policy carried by
Tenant and in force at the time of such damage. All insurance required to be provided by Tenant
under this Lease: (a) shall be issued by insurance companies authorized to do business in the state
in which the premises are located with a financial rating of at lease an A=KII status as rated in the
most recent edition of Best's Insurance Reports; (b) shall be issued as a primary policy; and(c)shall
contain an endorsement requiring at lease 30 days prior written notice of cancellation to Landlord
and Landlord's lender, before cancellation or change in coverage, scope or amount of any policy.
Tenant shall deliver a certificate or copy of such policy together with evidence of payment of all
current premiums to Landlord within 30 days of execution of this Lease. Tenant's failure to provide
evidence of such coverage to landlord may, in Landlord's sole discretion,constitute a default under
this Lease.
13. Destruction.If during the term,the Premises are more than 10%destroyed from any cause,or
rendered inaccessible or unusable from any cause,Landlord may,in its sole discretion,terminate this
Lease by delivery of notice to Tenant within 30 days of such event without compensation to Tenant.
If in Landlord's estimation, the Premises cannot be restored within 90 days following such
destruction,then Landlord shall immediately notify Tenant and Tenant may terminate this Lease by
delivery of notice to landlord within 30 days of receipt of Landlord's notice. If Landlord does not
terminate this lease and if in Landlord's estimation the premises can be restored within 90 days,then
Landlord shall commence to restore the Premises in compliance with then existing laws and shall
complete such restoration with due diligence. In such event this lease shall remain in full force and
effect, but there shall be an abatement of rent between the date of destruction and the date of
completion of restoration, based on the extent to which destruction interferes with Tenant's use of
the Premises.
14. Condemnation.
a. Definitions.The following definitions shall apply.(1)"Condemnation"means(a)the
exercise of any governmental power of eminent domain, whether by legal
Canyon City Transfer5torage[ease.wpd 5
proceedings or otherwise by condemn or and (b) the voluntary sale or transfer by
Landlord to any condemn or either under threat of condemnation or while legal
proceedings for condemnation are proceeding; (2) "Date of taking" means the date
the condemn or has the right to possession of the property being condemned; (3)
"Award" means all compensation, sums or anything of value awarded, paid or
received on a total or partial condemnation;and(4) "Condemn or"means any public
or quasi-public authority, or private corporation or individual, having a power of
condemnation.
b. Obligation to be Governed by Lease. If during the term of this Lease there is any
taking of all or any part of the Premises,the rights and obligations of the parties shall
be determined pursuant to this Lease.
C. Total or Partial Taking.If the Premises are totally taken by condemnation,this Lease
shall terminate on the date of taking. If any portion of the Premises is taken by
condemnation, this Lease shall remain in effect, except that Tenant can elect to
terminate this Lease if the remaining portion of the Premises is rendered unsuitable
for Tenant's continued use of the premises. If Tenant elects to terminate this Lease,
Tenant must exercise its right to terminate by giving notice to landlord within 30
days after the nature and extent of the taking have been finally determined.If Tenant
elects to terminate this Lease, Tenant shall also notify Landlord of the date of
termination, which date shall not be earlier than 30 days nor later than 90 days after
Tenant has notified Landlord of its election to terminate;except that this Lease shall
terminate on the date of taking if the date of taking falls on a date before the date of
termination as designated by Tenant. If any portion of the Premises is taken by
condemnation and this Lease remains in full force and effect, on the date of taking
the rent shall be reduced by an amount in the same ratio as the total number of square
feet in the Premises taken bears to the total number of square feet in the Premises
immediately before the date of taking.
15. Assignment or Sublease. Tenant shall not assign or encumber its interest in this Lease or the
Premises or sublease all or any part of the Premises or allow any other person or entity (except
Tenant's authorized representatives, employees, invitees, or guests)to occupy or use all or any part
of the Premises without first obtaining Landlord's prior written consent which Landlord may
withhold in its sole discretion.Any assignment,encumbrance or sublease without landlord's written
consent shall be voidable and at Landlord's election, shall constitute a default. Any dissolution,
merger, consolidation or other reorganization of Tenant, or sale or other transfer of a controlling
percentage of the capital stock of Tenant, or the sale of at lease 25% of the value of the assets of
Tenant shall be deemed a voluntary assignment.If Tenant requests Landlord to consent to a proposed
assignment or subletting, Tenant shall pay to Landlord, whether or not consent is ultimately given,
$100 or Landlord's reasonable attorneys' fees incurred in connection with such request, whichever
is greater. No interest of Tenant in this Lease shall be assignable by involuntary assignment through
operation of law(including without limitation the transfer of this Lease by testacy or intestacy).Each
of the following acts shall be considered an involuntary assignment: (a) if Tenant is or becomes
bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes proceedings
under the Bankruptcy Act in which Tenant is the bankrupt;or(b)if a writ of attachment or execution
is levied on this Lease; or(c) if in any proceeding or action to which Tenant is a party, a receiver is
appointed with authority to take possession of the Premises. An involuntary assignment shall
constitute a default by Tenant and Landlord shall have the right to elect to terminate this Lease, in
which case this Lease shall not be treated as an asset of Tenant.
Canyon City TransferStorage Lease,wpd 6
16. Default. The occurrence of any of the following shall constitute a default by Tenant: (a) a
failure to pay rent or other charge when due; (b) abandonment and vacation of the Premises (failure
to occupy and operate the Premises for ten consecutive days shall be deemed an abandonment and
vacation); or (c) failure to perform any other provision of this Lease.
17. Landlord's Remedies. Landlord shall have the following remedies if Tenant is in default.
(These remedies are not exclusive; they are cumulative and in addition to any remedies now or later
allowed by law): Landlord may terminate Tenant's right to possession of the Premises at any time.
No act by Landlord other than giving notice to Tenant shall terminate this Lease. Acts of
maintenance, efforts to reset the Premises or the appointment of a receiver on Landlord's initiative
to protect Landlord's interest under this Lease,shall not constitute a termination of Tenant's right to
possession.Upon termination of Tenant's right to possession,Landlord has the right to recover from
Tenant: (1) The worth of the unpaid rent that had been earned at the time of termination of this
Lease; (2)The worth of the amount of the unpaid rent that would have been earned after the date of
termination of this Lease (3) any other amount, including court, attorney and collection costs,
necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The
worth," as used for Item 17(1) in this paragraph 17 is to be computed by allowing interest at the
maximum rate an individual is permitted to charge by law or 12%,whichever is greater. "The worth
at the time of the award" as used for Item 17(2) in this Paragraph 17 is to be computed by
discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time
of termination of Tenant's right of possession.
18. Entry on Premises.Landlord and its authorized representatives shall have the right to enter the
Premises at all reasonable times for any of the following purposes; (a) To determine whether the
Premises are in good condition and whether Tenant is complying with its obligations under this
Lease; (b) To do any necessary maintenance and to make any restoration to the Premises or the
Project that Landlord has the right or obligation to perform; (c)To post "for sale" signs at any time
during the term, to post "for rent" or "for lease" signs during the last 90 days of the term, or during
any period while Tenant is in default; (d) To show the Premises to prospective brokers, agents,
buyers, tenants or persons interested in an exchange, at any time during the term; or (e) To repair,
maintain or improve the Premises and to erect scaffolding and protective barricades around and
about the Premises but not so as to prevent entry to the Premises and to do any other act or thing
necessary for the safety or preservation of the Premises. Landlord shall not be liable in any manner
for any inconvenience, disturbance, loss of business, nuisance or other damage arising our of
Landlord's entry onto the Premises as provided in this Section IS.Tenant shall not be entitled to an
abatement or reduction of rent if Landlord exercises any rights reserved in this Section 18.Landlord
shall conduct its activities on the Premises as provided herein in a manner that will cause the least
inconvenience, annoyance or disturbance to Tenant.
19. Subordination. Without the necessity of any additional document being executed by Tenant
for the purpose of effecting a subordination, and at the election of Landlord or any mortgage or any
beneficiary of a Deed of Trust with a lien on the Premises or any ground lessor with respect to the
Premises, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be
executed in any amount for which the Premises, ground leases or underlying leases, or Landlord's
interest or estate in any of said items is specified as security. In the event that any ground lease or
underlying lease terminates for any reason or any mortgage of deed of trust is foreclosed or a
conveyance in lieu of foreclosure is made for any reason, Tenant shall, notwithstanding any
subordination,attorn to and become the Tenant of the successor in interest to Landlord,at the option
of such successor in interest. Tenant covenants and agrees to execute and deliver,upon demand by
Landlord and in the form requested by Landlord any additional documents evidencing the priority
or subordination of this Lease with respect to any such ground lease or underlying leases or the lien
of any such mortgage or deed of trust. Tenant hereby irrevocably appoints Landlord as attorney-in-
ZD
City Transfer5tcrage Uase.wpd 7
fact of Tenant to execute, deliver and record any such document in the name and on behalf of
Tenant.Tenant, within ten days from notice from Landlord, shall execute and deliver to Landlord,
in recordable form, certificates stating that this Lease is not in default, is Unmodified and in full
force and effect,or in full force and effect as modified,and stating the modifications.This certificate
should also state the amount of current monthly rent, the dates to which rent has been paid in
advance, and the amount of any security deposit and prepaid rent. Failure to deliver this certificate
to Landlord within ten days shall be conclusive upon Tenant that this Lease is in full force and effect
and has not been modified except as may be represented by Landlord.
20. Notice. Any notice, demand, request, consent, approval or communication desired by either
party or required to be given, shall be in writing and served either personally or sent by prepaid
certified first class mail, addressed as set forth in Section 1. Either party may change its address by
notification to the other party. Notice shall be deemed to be communicated 48 hours from the time
of mailing, if mailed, or from time of service, if personally served.
21. Waiver.No delay or omission in the exercise of any right or remedy by Landlord shall impair
such right or remedy or be construed as a waiver. No act or conduct of Landlord, including without
limitation, acceptance of the keys to the Premises, shall constitute an acceptance of the surrender or
of the Premises by Tenant before the expiration of the term. Only written notice from Landlord to
Tenant shall constitute acceptance of the surrender of the Premises and accomplish termination of
the Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or
approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of
any subsequent act by Tenant. Any waiver by Landlord of any default must be in writing and shall
not be a waiver of any other default concerning the same or any other provision of the Lease.
22. Surrender of Premises; Holding Over.Upon expiration of the term,Tenant shall surrender to
Landlord the Premises and all Tenant Improvements and alterations in good condition, except for
ordinary wear and tear and alterations Tenant has the right or is obligated to remove under the
provisions of Section 10 hereof. Tenant shall remove all personal property including without
limitation all wallpaper,paneling and other decorative improvements or fixtures and shall perform
all restoration made necessary by the removal of any alterations or Tenant's personal property before
the expiration of the term,including for example,restoring all wall surfaces to their condition prior
to the commencement of this Lease.Landlord can elect to retain or dispose of in any manner Tenant's
personal property not removed from the Premises by Tenant prior to the expiration of the term.
Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's
retention or disposition of Tenant's personal property. Tenant shall be liable to Landlord for
Landlord's costs for storage, removal or disposal of Tenant's personal property.
If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or
termination of the terns, or after the date in any notice given by landlord to Tenant terminating this
Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on
30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to
term and rent, shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in amount
equal to 300% of Rent for the last full calendar month during the regular term.
23. Miscellaneous Provisions.
a. Time of Essence. Time is of the essence of each provision of this Lease.
b. Successor. This Lease shall be binding on and inure to the benefit of the parties and
their successors, except as provided in Section 15 herein.
Canyon City TransferStoraee L.easempd 8
C. Landlord's Consent. Any consent required by Landlord under this Lease must be
granted in writing and may be withheld by Landlord in its sole and absolute
discretion.
d. Other Charges. If Landlord becomes a party to any litigation concerning this lease,
the Premises, by reason of any act or omission of Tenant or Tenant's authorized
representatives,Tenant shall be liable to Landlord for reasonable attorneys,fees and
court costs incurred by Landlord in the litigation whether or not such litigation leads
to actual court action. If either party commences an action against the other party
arising out of or in connection with this Lease, the prevailing parry shall be entitled
to recover from the other party reasonable attorneys' fees and costs of suit. If
Landlord employs a collection agency to recover delinquent charges,Tenant agrees
to pay all collection agency fees charged to Landlord in addition to rent,late charges,
interest and other sums payable under this lease.Tenant shall pay a charge of$75 to
Landlord for preparation of a demand for delinquent rent.
e. Landlord's Successors. In the event of a sale or conveyance by Landlord of the
Premises, the same shall operate to release Landlord from any liability under this
Lease, and in such event Landlord's successor interest shall be solely responsible for
all obligations of Landlord under this lease.
f. Interpretation. This Lease shall be construed and interpreted in accordance with the
laws of the state in which the premises are located. This Lease constitutes the entire
agreement between the parties with respect to the Premises, except for such
guarantees or modifications as may be executed in writing by the parties from time
to time.When required by context of this Lease,the singular shall include the plural,
and the masculine shall include the feminine and/or neuter. "Party" shall mean
Landlord or Tenant.The enforceability,invalidity or illegality of any provision shall
not render the other provisions unenforceable, invalid or illegal.
24. Hazardous Substances.
24.1 General Prohibition. Tenant shall not use or allow the Premises to be used for the
Release, storage, use, treatment, disposal or other handling of any Hazardous
Substance,without the prior consent of Landlord.The terra "Release" shall have the
same meaning as is ascribed to it in the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. sections 9601 et seq., as amended,
("CERCLA").The term "Hazardous Substance" means: (i)any substance defined as
a"hazardous substance"under CERCLA;(ii)petroleum,petroleum products,natural
gas, natural gas liquids, liquefied natural gas, and synthetic gas, and (iii) any other
substance or material deemed to be hazardous,dangerous,toxic,or a pollutant under
any federal, state or local law, code, ordinance or regulation.
24.2 Reporting.Tenant shall: (i) give prior notice to Landlord of any activity or operation
to be conducted by Tenant at the Premises which involves the Release,use,handling,
generation, treatment, storage, or disposal of any Hazardous Substance ("Tenant's
Hazardous Substance Activity"); (ii) comply with all federal, state, and local laws,
codes, ordinances, regulations. permits and licensing conditions governing the
Release, discharge, emission, or disposal of any Hazardous Substance and
prescribing methods for or other limitations on storing, handling, or otherwise
managing Hazardous Substances; (iii) at it own expense, promptly contain and
remediate any Release of Hazardous Substances arising from or related to Tenant's
Hazardous Substance Activity in, on or about the Premises, or the environment and
remediate and pay for any resultant damage to property, persons, and/or the
environment, (iv) give prompt notice to Landlord. and all appropriate regulatory
Canyon City'rransfaStorage Lease.wpd 9
authorities,of any Release of any Hazardous Substance in,on or about the Premises,
or the environment arising from or related to Tenant's Hazardous Substance Activity,
which Release is not made pursuant to and in conformance with the terms of any
permit or license duly issued by appropriate governmental authorities, any such
notice to include a description of measures taken or proposed to be taken by Tenant
to contain and remediate the Release and any resultant damage to property,persons,
or the environment; (v) at Landlord's request. which shall not be more frequent than
once per calendar year, retain an independent engineer or other qualified consultant
or expert acceptable to Landlord, to conduct, at Tenant's expense, an environmental
audit of the Premises and immediate surrounding areas, and the scope of work to be
performed by such engineer, consultant, or expert shall be approved in advance by
Landlord, and all of the engineer's, consultant's, or expert's work product shall be
made available to Landlord; (vi) at Landlord's request from time to time, execute
affidavits,representations and the like concerning Tenant's best knowledge and belief
regarding the presence of Hazardous Substances in the Premises; (vii) reimburse to
Landlord, upon demand, the reasonable cost of any testing for the purpose of
ascertaining if there has been any Release of Hazardous Substances in, on or about
the Premises, if such testing is required by any governmental agency or Landlord's
Mortgagee; and (viii) upon expiration or termination of this Lease, surrender the
Premises to Landlord free from the presence and contamination of any Hazardous
Substance.
25. Waiver of Redevelopment Rights.
25.1 General Waiver. Tenant hereby waives any and all rights it may now or hereafter
have against Landlord for any relocation payments,goodwill payments and any other
compensation from Lessor pursuant to the Community Redevelopment Law(Health
and Safety Code sections 33000 et seq.) and any other federal or state law as a result
of Lessor's acquisition of the Premises, Lessor's entry into this Lease with Tenant,
and Lessee's subsequent vacation of the Premises whether voluntary or otherwise.
25.2 Civil Code section 1542. Tenant has read and acknowledges it understands the
provisions of Civil Code section 1542 and Tenant hereby waives any and all rights
it may now or hereafter have under the Community Redevelopment Law with respect
to its entry into this Lease and subsequent vacation of the Premises, whether
voluntary or otherwise, pursuant to Civil Code section 1542, which reads:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor."
26. Non-Discrimination. Tenant herein covenants by and for itself, its assigns and all persons or
entities claiming under or through it, and this Lease is made and accepted upon the following
conditions:
That there shall be no discrimination against or segregation of
any person or group of persons,on account of race,color,creed,
religion, sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the Premises herein leased nor shall Tenant itself,
or any person claiming under or through Tenant, establish or
Canyon Cily TransferStorage Lease.wpd 10
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use,or occupancy,of tenants,lessees,sublessees,subtenants,or
vendees in the premises herein leased.
IN WITNESS WHEREOF,Landlord and Tenant have executed this Lease as of the date first written
above.
LANDLORD TENANT
REDEVELOPMENT AGENCY OF THE YON CITY TRANSFER & STORAGE
Cal fornia Co gyration
CITY OF REDLANDS 1 (
e-
By:
I/Sus, Peppier, Chairp6kn, havid Cowan
Board of Directors President,
Dated: -
Cavids�d, Executive Director,
-o1of Difectors
Dated: -e.ox
ATTEST
By: �Aav'
Acting Secretary, Board of DirectoO
Canyon Oty'I ransf'erStwage Lease.wpd
CALIFORNIA
� y,o.�`r4 ,.�^.r �����r...u,r:.��.,g.�"'�,S't.`°,„"""`.�n .d„ .`."s ��,�:, ✓�"„h"''K",�"�w. , a.��� ��� ?y 't w� �r"n ,.�"� r,� .�+, �"�,'�"�'+"�"t°�A_.°.�".�.����vr". -°i.. r.c:�w ".
v 4�Y1
State of California µ,
w , as.
ft County of _ C1I
K1;5q Uf
tea �„ �
7n � � ? �-�� before mem
w ,
personally appeared Naalo� PA ( rn Tulna ids. a a�Y aeo. .� ..
Ora ti
�°
()
(Z N persenaNly known to me
I proved to me on the basis of satiisfactory
evidence ^?
to be the person(s) whose name(s) mare 4 i1
subscribed to the within instrument and
4 acknowtedyed to me that lthey executedj�
=Pub4c-
EMERSON the same in �/thei'Ir� authorized ni
t
t capacdy(ios), and that by #a�rltheir 3
Egostrgnature(s) on the instrument the person(s), orSM the entuty upon behalf ofwhich the persons)acted, executed the Instrument.
f�
KI),
IIS I
aUfTP my hand official seal.
."X
S,ri'9Y,rry of N atrkry Public ...................._ at.
OPTIONAL
ISM p�f
r a f
Though the ioforrn atton below is not required by law,dt may pa�rowe vahuaWe to persons relying on the doctiranent and crou d,prevent
frdaudua enl rei and reattzachmeaat of df li(S ford'ra to another docurnent.
44! Description of Attached Document w
Title or Type of Document: _
Document Date:....... �- L . '.. m__ __ Number of Pacdes:.... ....
Signer(s)nets Other Than N me Above:::::
1.. .
,
r � p O arced ve:.-.....-...���
4�
ex
apacity(i ) Claimed by Signer
;
Si,pner°.s 'Name:
Individual ra YS of thumb here
fat Corporate Officer- T"itle(s): p
Partner— C I Limited General �
t , Y,
N Attorney-in-'Fact b�
Trustee �a,1
M
Guardian or ConservatorI Other:
+ajl
w
1
Signer Is Representing._,
C M"t .r ,ti° ti r,..,,'^•�",,..,C_, F,°'° ., °.,..,r r ,n.S,, ,,r,w ,.,, ^%a°__ '" ,,aS2,+"_^ ",>-,✓, w",9; s i ,t..,t�" .d t< w^ .. '' ."�
a;'N'I XPI Nationa6 C Mary Association 921,,b N,.Sato hot_i riders 240 C hatSWO11h CA J 1,31 3-24 2^rm�w .nutiuraliioa axry.urr2, hrr i.No.5407 k�eagdc: C,aif Joll-Fi.ar 1-80
v 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
7^�`"� '"'�""`t^'e ,."'s".r7h ._h,e"`,"',""�✓'"'.e.� .i�,.? ;„"7S� ,s�_."r .�"e..�.r"'"�,,�.` _ ,r"'^'�", y,e�,"'*�`.�"T.�, .',��` 'ra"".',,, r "">;�--,,, "�; w�„�'b"* ._,"�",,'�"r.a”'i,�,;,"',„'�," ;:'�°.
r
r
State of California ni
a ss, "
County of _ mak . . . ....._..._._.
N
On 9.A._ADO, ..._.before men _. ,.. _ ...,
ter' ro.
_...�.....�._.... ...
Nanm and k r of OFi L, 4 c 1,oiE.r7�r¢� Nnj,gm ubk
personally appeared .......� . _ ...�. �Nameis s �4i
3 1
personally known to me
�? r proved to me on the basis of sat'isfac'tory 3
evidence
4k to be the person) whose namef is
subscribed to the within instrument and
V acknowledged to me that he/ "executed ,"I
the same in his/l authorized dip
ca acit n
_ Comte 1
p y(' and that by hislll��
49OUan
signaturev on the instrument the person(,", orxrda
the entity upon behalf of which the personson BeffuNcko Cam*
( ] pu
� � acted, executed the'instrument.
*Commti ,ExonJm
y
YTNS m� hand and ficial sea]. n�[
o�2Amsflur�of alar Fuel
w
� ifl j1
i F"7
n
,,,,, wOPTIONAL
J
Though the information below as not required by law,it may prove valuable to persons relying on the do�;ument and coujd prevent
frae duAeant rerrovai and reattachment of this form to another docur neof d>
Description of Attachield Document
4,
title or Type of Coeurttent: _ .mm .............
_. __.... _ ..__. ...... ..... ;
Cocumerrt ate:. . "",xi
I �
.. .._�... � '_ !_ _...... ...._..._ ........ ......_Number of Pages:.-_
Signer(s) Other Than Named Abovo ....__.. :_ . ._..pti _.._. .. ��
ity( ) Claimed y Signer
� Signer's Name:
�, �� Individual Tarry of Oiur b inset l))
cw' I 1 Corporate Officer—Title(s): _
Jill i ; Partner I :1 Limited 'I General i
Attorney-in-Fast
;r G rustee ,)i,
GLAardlarB or Conservator
a _ Other: .
�i
Signer Is Representing
sF9'Irr.1£3 Yll�rinrial hbai�fy A..oc(,ctrFn ±tr,3,iFJ rJt wr tc F4 dn^. I o Fay FIFA ChratRwoeti, F;R J1;g't;b-r dd7r vavvw.riry+uk al rureery.clxi;� Prod.Nu.5907 Ro,,)We,,Call TolkFis,l4id;du7-k7r"�,�F'i'�.,'iS+i
6whS- I1 � , M . H . 8 / 57- 70 Redlands Ci.1y 0159 — 28
�• O._._.! Tax Role Area
5002
! t ---- - -- 17 Op
Igo rri tg!
20 T] s TT 19 TO 16 ritZs
t�--------------
----------------------------- -
I 1 `
! 1 1 11 A
s ^ ; ; � e} � x � � r h� ; � � . 1•.144•
�. ; 1 � i � � 1 1 �► i i5 d •y � 1
21;22;23;21;25;26
as' rsl rs'
21, 13, 13 13 27;28;29; 30;31;32
ssl is 1 ?s 1
Ill tt 1 ?s 1rig
Itrt r tett, tF . ]t _ Is .W 111-11-109 pit. 16.111
' � � ►�'• `�(lieserred l�ii'i T/e At�ttrr ['tro`>�' 1
g»
For. 2
]r tgr Itt-3t•ttTt tlt. :�. IT r/t tett =
`off I.st xc. - x
CKD)
sn413..1. sg.ls is
llt.rt .:g I
. . i ise.ss Pcr, S
30
. 11
2
1r---<-- ---- I
alt -------------- i EXHIBIT. "All10
..
12
tit Ogil':' 20 I
--------------- i
---------------
2 4
---------------
^� I36 ---------
1
! _ 38---------- " �r.117i,i
30 i
I
11VIS1D
• � O1/pl/!4 !3J
• Assessor's Ido n,Ta►r] rt
Polctl loop leo. $550. PA. 103/72 Book 0169 Page 28 Ot!]4/iS FI
Por • Parcel Dalt Ito. 565$ , P , 11. 53/90-91 Son Bernardino Counly
. a
r-4 o
cn
Ln J f
0 H-ra a— co
F F _
t L 0
11'It3+ III it S{'llf iL
t N
CJ,�
C pC t I! MCI d
N f Pt a v M m
cu_X
Ln
favc oc
+ I• — O^ Amin
9dp y!a
LU
! _
(H
! y iSlf r ,^• r� - {!pit �S; �{t X41 ;S! S! J•:• �Si �S1�Gl ;S[ �s! �(i^L!
I � ®•-ry -� I. I m as
I ! F------.--_'_
ill � ry v � - -,"'• - N!
(PS1I Sr t It it-Lqy.z
_ --L--L-_L.1
OL It
---- - - 0 0/. o - I '� -•-Vf$[ -.. s tea.
i•tif-----
---------------
---- ,y r� .,r•L
"-----B ra
- F I f '--'s.iiL------ Ps tie Y
Wit$ It
r / ------------
' -
Ac
it
/l
.<a." r ,i.�•'�N%;�f� �i•ti- a p's
it it o S•tPST i - ----- -______ -4 6
1 • _ _ b
rnL01
(at) =
a s d C'm 1 a
. � ..:.�•`��ate—- '�-'3r= _ f •.• .-- - -� Ic , os P
t � F a
ilia I ��r
Pfatu"to nm 007pia+ol 4WO"Ain IG MAW
..�JG Aesauly>,Vt1 Lil7fiaiiiy
111A I agm-11 Dialled m waw
um"MiLWii QW of uotSslL""uWi MYIp er
I
i , !1 A!►� '"W A-Joe U uaaa An.Jou P,,,.,,A *AV •
+P Saiai afti Jp Aanxlf a .4J Y 4, f a
� lIQ tel/A.W Uua M{ll � -
1HYdW0.1 MllvWnSNL 31111 IAMIk3WY.+1;{k
at f I A