HomeMy WebLinkAboutContracts & Agreements_158-2005_CCv0001.pdf Recorded in official Records,County of San Bernardino 9/14/2005
8:27 AM
Recording requested by LARRY WALKER
MP
and when recorded mail to:
� Auditor/Controller — Recorder
,����g�. ;�
City Clerk �- R Regular Mail
City of Redlands Doc#: 2005—0684006 Titles: 1 Pages: 18
PO Box 3005 Fees 0.00
Redlands, CA 92373 Taxes 0.00
Other 0.00
PAID X0.00
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
LEASE AGREEMENT
BETWEEN
JOSE GABINO CORDERO MENESES
AND
THE CITY OF REDLANDS
LEASE AGREEMENT
TABLE OF CONTENTS
1 Basic Terms .........................................................................................................1
2 Premises...............................................................................................................2
3 Term.....................................................................................................................2
4 Rent.................... `
..................................................................................................
5 tse of Prcrnises ...................................................................................................5
6 Sigpiage..................................................................................................................6
7 Personal Property Taxes......................................................................................6
8 L'tilities..................................................................................................................6
9 Alterations............................................................................................................6
toRelease and Indemnity........................................................................................7
11 Insurance..............................................................................................................7
12 Condemnation.....................................................................................................13
13 Assignment or Sublease.......................................................................................9
14 Default................................................................................................................10
1> Landlord's Remedies.........................................................................................10
16 Entry on Premises..............................................................................................11
17 Notice.................................................................................................................12
113 Waiver......................
19 Surrender of Premises; Holding Over..............................................................12
20 Miscellaneous Provisions...................................................................................13
21 Hazardous Suhstanccs.......................................................................................11
Exhibits
A. Tlic Premises
LEASE AGREEMENT
I BASIC TERMS
a. Date of*Execution: September 6, 2005
b. Tenant: Jose Gabino Cordero Menescs
Address: 514 S.Wesdakes Avenue, #101
IA)s Angeles, CA 90057
C. Landlord: City of'Redlands
Address: P. 0. Box 3005, 35 Cajon Street, Suite 200,
Redlands, CA 92373
& 'Tenant's Use of*Premises: Tenant shall use the Premises for the sole
purpose of farming row crops.
C. Premises Description: APN Nos: 292-041-08, 09 and 38
c 'reriii of*Lease: Mouth-to-mouth
g. Base Monthly Rent: $1,200.00 per month
li. Rent Adjustment: Cost of,Living.The cost of living provisions of-
section 4.b apply based on the Index I'Or the
IA)s Angeles, Long Beach, Analiclin
geographical area. The minimum annual
increase shall be 3%and the maximum annual
increase shall be 4%.
i. Real Estate Taxes: Lessee shall pay the Real Estate races during
its occupancy of the premises.
,This Section represents a summary of the basic terms of this Lease. In the event of ally inconsistency
between the terms contained in this Section and any other specific section or clause of this I.Xase,die
terns of the more specific clause shall prevail.
2. PREMISES. Landlord hereby leases to Tenant and Tenant leases from Landlord, those
certain premises described in Section I and in I--'xlill)it "A" attached hereto (the "Premises"). Tenwit
acknowledges that it liar examined the Premises and accepts the Premises in their "as is" present
condition.
3. 'TERM. The term of this I.A.,ase sliall commence on September 6,2005 and shall continue on a
month-to-month basis. This Lease may be terminated at any time by Landlord,Without cause,upon
thirty (30) days prior written notice to Tenant.
4. REN,r.
a. Base Rent.. Tenant sliall pay Landlord monthly base rent in die initial amount set.forth in
Section I which sliall be payable monthly in advance on the first (lay of each and every
calendar month ("Base Monthly Rent").
1). Rent Adjustment. The Base Monthly Rent sliall be subject to increase on each annual
miiiivcrsary of the cormircticement,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 10 967 - 100),published by the I Anted 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 Mtli the rent due on and after the first, anniversary of the
commencement of the term of this 1-&a:e,and oil arid after each subsequent anniversary,die
Base Monthly Rent sliall be increased by multiplying a fraction, the numerator of'which is
the Extension Index,the monthly rent due during the subsequent lease year sliall equal the
niontlily 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 accordwice with the conversion factor
publislied 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 xvrifli which it is replaced sliall be used in order to obtain substantially the same
result as would be obtained if the Index had not been discontinued or revised.
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c. Expcnscs. Tenant shall pay flic cost of all expenses related to the use, maintenance,
ownership and insurance ol'the Premises. The term "Expenses" shall mean all costs and
expenses of' the ownership, operation, maintenance and insurance of' the Premises,
including,without Ili-filtation, 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,
fighting, sewer,waste disposal, security and all charges relating to the use,
oiviiership 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. Tenant shall pay all Real Property Taxes including all taxes,a-sscssments, (general and
special)and other impositions or charges wlu'cli may be taxed,charged,levied,assessed
or imposed upon all or any portion of,or in relation to, 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
ally 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, the
Premises may be subject to property taxation and that Tenant maybe deemed to have
a possessory interest in such property and may be subject to the payment of property
taxes levied on such interest.
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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 fAndlord may designate in iirriting 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. A01 rent due for any partial month shall be prorated at the rate of 1/30th of'
the total monthly rent per day.Tenant acknowledges that late payment by Tenant to
L mdlord 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 tcnris of any encumbrance or note secured by the Premises.Therefore, if any
rent or other sum due from Tenant is not rccelN11cd when due, Tenant shall pay to
Landlord an additional sum equal to 10% of such overdue payrnent. 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 paynient.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 payment:of any kind
returned for insufficient funds will be subject to an additional handling, charge of
$25.00.
5. USE OF PREMISES. Tenant shall use the Premises solely for the purpose set lbi-th in Section
I and for no other purpose without obtaining the prior written consent of Landlord. Tenalit
acknowledges that neither Lindlord nor any agent of Landlord has made any representation or
warranty With respect.to the 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,ill it: sole
discretion, make such modifications, alterations, deletions or improvements to the Premises as
Landlord may decin necessary or desirable,without compensation or notice toTenant.Tenant shall
promptly comply with all laws,ordinances,orders and regulations affecting the Premises.Teriant shall
not, do or permit anything to be done in or about die Premises or bring or keep anything in the
Premises that will in any way increase the prerniums paid by Landlord on its insurance related to the
Premises. 'renant 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 inight cinit ail objectionable odor, noises, vibrations or lights. If sound insulation is required to
inuffle noise produced by"Tenant on the Premises,Tciiarit at its own cost shall provide all necessary
insulation.
6. SIGNAGE. Tenant. shall not.install, erect or place any signage on the Premises without
Landlord's prior written consent,which consent may be�viflihcld in Landlord's sole discretion.
7. PERSONAL PROPERTY TAXES. Tenant sliall 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.
S. 1 T'ri LITI ES. Tenant shall pay for all water, gas, treat, light, power, sewer, electricity,
telephone or other service metered, chargeable or provided to the Premises.
9. ALTERXIJONS. 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 teniiiiiation 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
Teriant may have made to the.Premises. If Landlord so elects,at its olvvn cost Tenant shall restore the
Premises to the condition designated by Landlord in it: 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 Prqjcct.Free mid clear of all nieclianics'licris which may result From construction
by,Tenant..
10. RELMSE AND INDEMNI'IN. As material consideration to Landlord,Tenant agrees
that Landlord shall riot be liable to Tenant for any damage to Tenant.or Tenant's property from any
cause,and'I"enant 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 Teriant. Tenant shall defend, indeniniN and hold Landlord harmless from the
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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'T'enant's breach of any term of this Lease.
11. 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,mid property
daim,W, limits oftiot,less than $500,000.00, Insuring against all liability of Tenant and its authorized
representatives arising out of or in connection with,renalifs 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 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 I-midlord mid non-contributing to ariv insurance ofself 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 die
replacement ofpersonalproperty 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 and satisfactory to Landlord; (b) shall be issued as a prinial-XT
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 (lays 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 IA-ase.
12. CONDEMNATION.
a. Definitions. The following definitions shall apply: (1) "Condemnation"means (a) the
exercise of any governmental power of eniment domain,-whether by lea 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
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proceeding; (2) "Date of' taking" means the date the condemn or has the light 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.
1). Obligation to be Governed by lease. If`during the term of this Lcase there is any
taking of all or any part of the Premises, the rights and obligations of the parties shall
be detennined pursuant to this Lease.
C. Total or Partial Taking. If the Premises are totally taken by condemnation,this Lease
shall tenninatc on the data. of taking. If any portion of the Premises is taken by
condemnation, this Lease shall remain in efrect, except that Tenant, can elect to
terminate this Lease il'the remaining portion of the Premises is rendered unsuitable for
`renant"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 NNrithin 30(lays
after the nature and extent of the taking have been filially(Ictcrillined.IfTenalit elects
to terminate this Lease,Tenant shall also notify Landlord of the date of termination,
which (late shall not be earlier than 30 days nor later than 90 (lays after Tenant has
notified Landlord of its election to terminate;except that this Lease shall terminate on
the (late of taking if the (late 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
t)cl'()rc the (late of taking.
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13. 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 Tcriatit"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
ii,ithhold in its sole discretion. 4�iy assignment.,encumbrance or sublease without.Landlord's written
consent shall be voidable and at Landlord's election, and shall constitute a default. Any dissolution,
merger, consolidation or other reorganization of Tenant, or sale or other transfer ofa controlling
percentage of the capital stock orrenant, or the sale of at lease 25% of the value of the; assets of
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Tenant shall be(1cenied a voluntary assignment.If Tenant requests Landlord to consent to a proposed
ass4l,ilnicnt or subletting, Tenant shall pay to Landlord, whether or not consent,is ultimately given,
$100 or Luidlord'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 attachnient,or execution is levied oil
this Lease;or(c) if in any proceedimg,or action to which Tenant.is a party,a receiver is appointed with
authority to take possession of tyre Premises. An involuntary assignment sliall 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. DEFAtTI:F. 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 (lays shall be deemed all 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. (I'licse remedies are not exclusive;they are cumulative and in addition to any remedies now or
later allowed by law): Landlord may terminate Tenant's light to possession of the Premises at any time.
No act by Landlord other than giving notice to Tenant shall ternilliate this Lease.Acts ofmanitenance,
efforts to reset the Premises or the appointment of a receiver on Landlord's initiative to protect
Luidlord's interest under this Lease,shall not constitute a termination of enant's n*glit to possession.
I Tpon termination of"I'criant's right to possession, Landlord has the right to recover from Tenant: (1)
The worth of the unpaid rent that had been carried at.the time of termination of this Lease: (2) 'rhe
worth of the amount of the unpaid rent.that would have been carried after the date oftermination of
this I.A-asc (3) any other aniount, including court., attorney and collection costs, necessary to
compensate Landlord for all detriment.proximately caused by Tenant's default. rhe 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 aniount at the
discount rate offlic 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 IA-ase; (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 tirric
(luting the term, to post"for rent"or"for lease"signs(luting any period while Tenant is in default,; (d)
To show the Premises to prospective brokers, agents, buyers, tenants or persons interested in all
exchange,at,any time(hiring 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 darnage arising our of Landlord's entry onto the Premises as provided in dus Section
16.Tenant shall not be entitled to all abatement or reduction of rent it'Landlord exercises any nights
reseli,cd in this Section 16. Luidlord 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
nailing, imailed,, f ailed, or from nine of service, if personally served.
rial 1
18. \NTAIVER. 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 all acceptance of the
surrender or of the Premises by Tenant before the expiration of the term. Only written notice from
Lindlord to Tcriant shall constitute acceptance oftlic surrender of the Premises and accomplish
tennination 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
mid shall not be a waiver of any other default concerning the same or any other provision of the Lease.
19. SURRENDER OFPREMISES; HOLD 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
9
remove under the provisions of Section 10 hereof. Tenant shall remove all personal property
including without limitation all wallpaper,pancling and other decorative improvements or fixtures mid
shall perform all restoration made necessary by the removal of any alterations or Tenant's personal
property I)cl'()re the expiration oftlic tenor, including for example, restoring all wall surfaces to their
condition prior to the commencement of this Lk-ase.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
Lwidlord's retention or disposition of Tenant's personal property.Tenant sliall be liable to I.Midlord
for Landlord's costs, for storage, removal or disposal of renant's personal property.
It' Tenant, with Landlord's consent, remains in possession of the Premises after expiration or
termination of the term, or after the (late in any notice given by landlord to Tenant terminating this
Lcase,such possession by Tenant shall be deemed to be a month-to-montli tenancy teniiiiiablc on 30-
(lay notice at any time,by either party.All provisions of this Leasc,except those pertmiurig to term and
rent, shall apply to the month-to-montli tenancy. Tenant shall pay monthly rent in amount equal to
300%of'Rent for the last full calendar month during the regular term.
20. MISCELIANEOITS PROVISIONS.
a. Time of Essence. Tinic is of the essence of each provision of this Ltase.
1). Successor. Tins Ixase shall be binding on and inure to the benefit oftlic 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 ornission of Tenant or Tenant's authorized
representatives,Tenant shall be liable to Landlord for reasonable attorticys'fices 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 IA,-ase,die prevailing parry shall be entitled to recover
from the other party reasonable attonieys'fees and costs of suit.If Landlord employs a
collection agency to recover delinquent.charges, Tenant agrees to pay all collection
agency fees cliai-4
I Td to Landlord in addition to rent, late charges, interest.and oflicr
sums payable under this lease. Tenant. shall pay a charge of $75 to Landlord for
preparation of'a demand for delinquent rent.
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C. Landlord's Successors. In the event of* a sale or conveyance by Lindlord of' the
Premises, the same shall operate to release Landlord from any liability under this
Ix ase,and in such event Landlord's successor interest shall be solely responsible for all
obligations of`I. under this lease.
f. Interpretation.This U-ase shall be construed and interpreted in accordance with the
laws ol'the state in which the premises are located. This IA.-asc 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 frorn 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.
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21. HAZARDOUS St.;BSTANCES.
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 sKq., as amended,
("CERCLA1.The term "Hazardous Substance"means: W any substance defined as a
"hazardous substance" under CERCIA; (11) 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.
21.211eporting.Frenant.shall: (i) give prior notice to Luidlord of'any activity or operation to be
conducted byTeriant.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, mid 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 mid remediate aiiv Release ot' Hazardous Substances wising from or related to
"Tenant's Hazardous Substance Activit' in, on or about the Premises, or the environment
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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 authorities,
of' my 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 all
independent engineer or other qualified consultant or expert acceptable to Lxuidlord, to
conduct., at Tenant's expense, an eiiviroiii-nciital 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 1'roni
time to time, execute allidavits, representations and the like concerning 'tenant's best
knowledge and belief*regarding the presence of azardous Substances in the Premises;(vii)
reimburse to Landlord,upon demand,the reasonable cost ol'any testing for the purpose of
ascertaining il'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 contatnination of any Hazardous Substance.
12
IN WITNESS WHEREOF,L ndlord and'Fenant have executed this Lease as of the date first NNTitten
above
I.ANDL(.)RD TENANT
THE CITY OF RFDI.ANDS
By: By:
`Sus• 1 Peppier, Mayor Jose Gabino Corclero Meneses
Dated: Sept. 6, 2005 Dated: w
Attest:
1y: :
I carr 'I ovzer, Cit rl�
13
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 August 19, 2005,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jose Gabino Cordero Meneses t I personally known
to me - or - Ix I proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
\\\�k I WITNESS my hand and official seal.
A ..............I
LORRIE POYZER, CITY CLERK
Pkpo #,fr
(P
621
12
1888
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
x Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
Title(s)
Entity Represented
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement
Date of Document: September 6, 2005
Signer(s) Other Than Named Above: Mayor Susan Peppler and City Clerk Lorrie Poyzer
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 6, 2005,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer ( X} 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.
WITNESS my hand and official seal.
1/2'
% LORRIE POYZER, CITY CLERK
P14
A 67
By:
Beatrice Sanchez, Deputy City Clerk
1=0 (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x 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: September 6, 2005
Signer(s) Other Than Named Above: Jose Gabino Cordero Meneses
EXHIBIT"A"
T
l,()'I'S3A�*—\D "t, lil,()CK2, 1.IR(.)-vNTN'S SI;BDIVISION, AS SHOWN BY MAP RECORDED
IN BO()K 8 PAGE 96. ()F MAPS, RECORDS OF SAN BERNARDINO COtjNTY,
CALIFORNIA, ER WITH THE Sol ITH HALF OF PINE AVENI IE (VACXI-ED),
WHICH WOULD PASS BY (,)PERA'1'1()N OF IAW.
A.P.N. 0292-041-08, 0292-041-09, and 0292-041-38