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HomeMy WebLinkAboutContracts & Agreements_8-2006_CCv0001.pdf Recorded in Official Records. County of San Bernardino 2106/2006 LARRY WALKER 2:37 PM PLEASE COMPLETE THIS INFORMATION "xAR Auditor/Controller — Recorder LMJ RECORDING REQUESTED BY: R Regular Mall CITY OF REDLANDS FEES NOT REQUIREDDock 2006-0087100 Titles: 1 Pages: 19 PER GOVERNmi.-EkIT CODE Fees 0.00 EM10t3 0 3 Taxes 0.00 AND WHEN RECORDED MAIL TO: other 0.00 PAID X0.00 CITY CLERK CITY OF REDLANDS PO BOX 3005 REDLANDS CA 92373 THIS SPACE FOR RECORDER'S USE ONLY LEASE AGREEMENT BETWEEN CITY OF REDLANDS AND ATKINSON CONTRACTORS LP A CALIF. CORP. Title of Document ;e r1 5 r { THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (E79 ,;ker (i:SrlCVtlrtnlnlli{.irsrvi vsn{ Recorded in Official Records. County of San Bernardino 11201200$ ARA@. LARRY WALKER s- 10:53 AM Mme' Auditor/Controller — Recorder 8E',RFi t Recording requested by and when recorded mail to: R Regular Mail -W- City Clerk Doc#: 2006—0043249 Titles* 1 Pages: 17 City of Redlands F.e'. 5.50 a,es 0.00 PO Box 3005 Ocher 0.00 Redlands, CA 92373 PAID $5.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 LEASE AGREEMENT BETWEEN ATKINSON CONTRACTORS LP, A CALIFORNIA CORPORATION AND THE CITY OF REDLANDS LEASE AGREEMENT TABLE OF CONTENTS 1 Basic Terms.......................................................... 1 2 Premises.............................................................................................2 3 Term ...................................................................................................2 4 Rent....................................................................................................2 5 Use of Premises............................................................................ 6 Signage...............................................................................................4 7 Utilities ................................................................................................4 8 Alterations.............................................................. 4 9 Release and Indemnity........................................ .............................4 10 Insurance.......................................................................... 5 11 Condemnation,................................................................. 6 12 Assignment or Sublease.....................................................................7 13 Default ............................................................................... 7 14 Landlord's Remedies ............................................... 7 15 Entry on Premises...............................................................................7 16 Notice....................................................................... 8 ........................ 17 Waiver................................................................. 9 18 Surrender of Premises; Holding Over.............................. ...9 ................ 19 Miscellaneous Provisions.................................................. ....10 ............ 20 Hazardous Substances11 .......................... 21. Termination.......................................................................................12 Exhibits A. The Premises DMAgreements\Atkinson 2 LEASE AGREEMENT 1 BASIC TERMS a. Date of Execution: January 3, 2006 b. Tenant: Atkinson Contractors LP Address: 23422 Mill Creek Drive, Suite 125 Laguna Hills, CA 92653 c. Landlord: City of Redlands Address: 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 constructing a construction contractor's temporary office and an equipment and materials storage yard on, appurtenant parking areas and other related improvements e. Premises Description: APN No: 170-191-39-0000 f. Initial Term of Lease: Twenty-four (24) months (one, twelve (12) month extension) This Section represents a summary of the basic terms of this Lease. In the event of any inconsistency between the terms contained in this Section and any other specific section or clause of this Lease, the terms of the more specific clause shall prevail. DMAgreements\Atkinson 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 initial term of this Lease shall commence on the effective date of this Lease and shall continue thereafter for twenty-four (24) months ("Initial Term") unless terminated earlier as provided for herein. After the Initial Term, this Lease shall be automatically extended for up to one (1)additional twelve (12) month term (the "Extended Term") unless within 90 days of the expiration of the initial term, either party gives written notice to the other party of its intent to terminate this Lease. 4. RENT. a. Rent. Tenant shall pay Landlord monthly rent in the amount of five hundred ($500)dollars in advance by the fifth day of each calendar month during the Initial Term of this Lease ("Rent"). All rent shall be paid by Tenant to Landlord at the address shown in Section 1, or such other place as Landlord may designate in writing from time to time, and without prior demand or notice and without any deduction or offset whatsoever and in lawful currency of the United States of America. All rent due for any partial month shall be prorated at the rate of 1/30th of the total annual rent per day. 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. b. Rent. Extended Term. In the event this Lease is extended beyond its Initial Term, the monthly amount of Rent to be paid by Tenant shall be 5% over the preceding year's rent C. Expenses. Tenant shall pay all expenses related to the use, maintenance, ownership and insurance of the Premises. The term"Expenses"shall mean all costs and DJ WAgreements\Atkinson 2 expenses of the ownership, operation, maintenance and insurance of the Premises, including, without limitation, the following costs: (1) All supplies, materials, labor and equipment, used in or related to the maintenance of the Premises; (2) All utilities, including without limitation, water, electricity, gas, heating, lighting, sewer, waste disposal, security and all charges relating to the use, ownership or operation of the Premises; (3) All insurance premiums and costs, including but not limited to the premiums and costs of fire, casualty and liability coverage and rental abatement insurance- related to the Premises; d. Taxes and Assessments. Tenant shall pay any and all taxes and assessments which may, during the term of this Lease, be levied or assessed on the Premises, or the personal property or business owned by Tenant and located on the Premises. e. Possessory Interest Tax. Tenant acknowledges and agrees that, in accordance with California Revenue and Taxation section 107, 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. In the event such taxes are levied,Tenant shall be solely responsible for the payment of the taxes. 5. SECURITY DEPOSIT. The Tenant shall provide a $ 10,000 Security deposit in the form of cash or bond or other financial instrument satisfactory to Landlord's Public Works Director to compensate Landlord for any cost of restoring the Premises to a clear and clean status and condition. The Security Deposit will be non-interest bearing and will not relieve Tenant of obligations and responsibilities to return the Premises to Landlord in a clear and clean status and condition. DMAgreements\Atkinson 3 6. USE OF PREMISES.Tenant shall use the Premises solely forthe purpose 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 tothe Premises, or with respect to the suitability of the Premises for the conduct of Tenant's business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises. Tenant acknowledges that Landlord may from time to time, in its sole discretion, make such modifications, alterations, 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 on the Premises that will in any way increase any 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. If sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all necessary insulation. 7. SIGNS. Tenant shall not install, erect or place any sign on the Premises without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion. 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. ALTERATIONS. Tenant shall not make any alterations to the Premises without Landlord's prior written consent. 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 DMAgreements\Atkinson 4 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 free and clear of all mechanics' liens which may result from construction by Tenant. 10. 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 Tenant may have now, or in the future, 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 defend, 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. 11. INSURANCE. Tenant, at its cost, shall maintain public liability and property damage 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 and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 10. Landlord shall be named as additional insured, and the policy shall contain cross-liability endorsements and all insurance shall be primary with respect to Landlord and non-contributing to any insurance of self-insurance maintained by Landlord. 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 least 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 DMAgreements\Atkinson 5 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 and satisfactory to Landlord; (b) shall be issued as a primary policy; and (c) shall contain an endorsement requiring at lease 30 days prior written notice of modification or cancellation to Landlord, 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 15 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. 12. CONDEMNATION. a. Definitions. The following definitions shall apply: (1)"Condemnation" means (a) the exercise of any governmental power of eminent domain, whether by legal proceedings or otherwise by (b) the voluntary sale or transfer by Landlord to any condemnor 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) "Condemnor" means any public or quasi-public authority, or private corporation or individual, having the 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 DMAgreements\Atkinson 6 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. 13. ASSIGNMENT OR SUBLEASE. Tenant shall not assignor 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 void and, at Landlord's election shall result in the immediate termination of this Lease. 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. 14. 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 DMAgreements\Atkinson 7 be deemed an abandonment and vacation); or (c) failure to perform any provision of this Lease. 15. 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 15(1) in this paragraph 15 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 15(2) in this Paragraph 15 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. 16. 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 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 out of DMAgreementsWkinson 8 Landlord's entry onto the Premises as provided in this Section 16. Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this Section 16. 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. 17. 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. 18. 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. 19. SURRENDER OF PREMISES; HOLDOVER. 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 DJMIAgreements\Atkinson 9 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 term, 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. 20. 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 13 herein. 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 Party 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 shall 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. DMAgreements\Atkinson 10 f. Interpretation. This Lease shall be construed and interpreted in accordance with the laws of the state of California. This Lease constitutes the entire agreement between the Parties with respect to the Premises. When required by context of this Lease, the singular shall include the plural, and the masculine shall include the feminine and/or neuter. The enforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. 21. HAZARDOUS SUBSTANCES. 21.1 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 term "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. 21.2 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 DMAgreements\Atkinson 11 appropriate regulatory 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 engineers, 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. 22. TERMINATION. Notwithstanding any other provision of this Lease,either Party may, without cause and in its sole discretion, terminate this Lease by providing sixty (60) days prior written notice to the other Party of its intent to terminate this Lease. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD By: THE CITY OF REDLANDS on Harrison, Mayor ATTEST: ;--q DJM\Agreements\Atkinson 12 Lorrie PoyzP/ri'i fiv Clerk. ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on January 3, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared ion Harrison and Lorrie Poyzer I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. M fill/, WITNESS my hand and official seal. -E1 LORRIE POYZER, CITY CLERK By: Teresa Ballinger, Assistant Clerk LIF (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) ludividual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x I Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Lease Agreement Date of Document: January 3, '2-006 tr LP, John Harrington, Vice-President Signer(s) Other Than Named Above: Atkinson Contractors If I gy t= �> At nso Contractors LP i TENANT U Date: r AA DMAgreements\Atkinson 13 --- i '� — — --- ti --- — — r- 1 `,- t }" € I - = ALL PURPOSE ACKNOWLEDGMENT '-1 State of California SS. County of €r y l � 4 ,� � ,a rotary public, personal! � 3n w. e ore me, appeared .. '' personally known to ale (or proved to 1'j e on the basiLl s o satisfactory evident } to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Seal Signature l AL A HARI HORNCAUFORMA � COMM #135'3547 C's 5 'my�"` MM e „sires' i6.2006 77 �4 I� ` COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY A AT 1" [ T he information set forth belowis an effort to protectauetlabcrs of the public, the Notary Public,or other officer from unauthorized use of this fore. Please note: toe captaciMies)of ttae signers are NOT certified by the Notary Public or other � i officer and have not and will not be verified in any way by the Notary Public or other officer. 4 A`r rENTION:TiIE ID1 N` IMM31 I A' `RI ES Oro-TatE A �c1Ix a)DocuMENTAREAsLISTEDBELOW IC r Type or Title of Document; � Number of pees(including,attached exhibits) Sate of Document: l� N arne(s)of Creditable l tness(es), if Laxly: The Signer(s)claimed the following capacity(ies) ISignatory's Name:Signatory's Name-, ' J Individual IEI' Individual Corporate Officer: (Position) Ll Corporate Officer: (Position) i ®Partner: (Limited)(General) Ll Partner: (Lirnited) (General) D L.L.C.: (Position) D L L C : (Position) Cd Trustee L)Trustee • Attorney in Fact D Attorney in Fact ❑Conservator © Conservator • Guardian Ci Guardian ©Other: ©Other: F ____. C. I�i L) i` l TIIi.,EMBPl�i `r int fy°below only j the print is �>t''HER 771,13%" T U PRINIT: Iderrg&below vn4 r 1he�print is OTHER Ilf 2°I t RIGI IT thumbprint ofthes# r.` _ _ IG117'thumbprirt ar€he signer: : i L ._.�! s _._ - t...... tis 2001 AmEiRtc Ae c-YNXRY IN.3tT3 tt 4E 711 South Brea Boulevard,Brea,CA 92£121 +{71-4}671-2889 0 0 N � P - m Lij tl_ t L] r C O t7) O L].. O H o O p C 41) Lh C m O IV Oz I rn O m m On OOG G 1 OSL ZA'SS1 Z6'S1 N O C o I rnav a�xp stmtn = vo I I < I r ----------------- ty. i t �• W - - - I 16�I I W i t L+- I x t rn a l ( --------, ------ o�Z a � _ - O �# Q� • _ ____________ lilt 6 ---------------- II i t ----------- y` d a i ' M EXHIBIT "A") 'a a