each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing
<br />by the City Manager and Tenant prior to the expiration of the Term or any Extension Period then in effect.
<br />6. RENT: Upon the Commencement Date, if any, (a) Tenant shall pay to Landlord, as rent
<br />("Rent"), throughout the Term, the monthly sum of One Thousand Five Hundred Dollars ($1,500.00) in
<br />advance, on the 1st day of each calendar month and continuing through the life of the Term. Tenant shall
<br />commence the payment of Rent and other charges payable pursuant to this Lease on the Commencement
<br />Date. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City
<br />of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana,
<br />CA 92702. A LATE CHARGE OFTEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT
<br />HEREUNDER DUE BUT UNPAID AFTER THE 10TH OF THE MONTH. Landlord and Tenant hereby
<br />agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI
<br />adjustment annually on the anniversary of the Effective Date of this Agreement.
<br />7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof
<br />beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall
<br />be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing
<br />contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding
<br />over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be
<br />construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon
<br />thirty (30) days prior written notice to the other.
<br />8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant
<br />that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this
<br />Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests,
<br />restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations,
<br />title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use
<br />of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord
<br />covenants that so long as Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful
<br />possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights
<br />and appurtenances thereunto belonging.
<br />9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM:
<br />Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration
<br />of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other
<br />casualty, or damage from any other cause unless such other cause is attributable to the negligence of Tenant.
<br />10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the
<br />Premises or any part thereof without the prior written consent of Landlord.
<br />11. TENANT'S REPAIRS, ALTERATIONS, FIXTURES: Except for reasonable wear and
<br />tear, Landlord agrees at Landlord's expense to (1) construct a wall to separate Suite 105B from the
<br />remainder of the Premises such that Suite 105B is a standalone suite, (2) provide general building
<br />maintenance, and (3) maintain in good repair the foundation, retaining walls and structural soundness of
<br />the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical
<br />wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay
<br />for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant
<br />2
<br />
|