Item 17 - Lease Agreements with Rick Kagasoff for Two Warehouse Locations

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46, Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 47. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do wt materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection w+th the obtaining of normal financing or refinancing of the Premises. 48, OR ARISING Q T09 YLilS ACRFrRAFNT 49. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease L—' is is.0 attached to this I ease 50. Accessibility; Americans with Disabilities Act (a) The Premises: Piave not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist(CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction related accessibility standards under state law. Although state law does not require a CASp insperi ion of the subject premises, the commercial property owner or lessor may not prohibit the IPssee, ortenant from obtaining a CASp inspection of the subject premises for the occupancy Dr potential occupancy ofthe lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of Construction -related accessibility standards within the premises_ have undergone an inspection by a Certified Access Specialist (CASp) and it was determined that the Premises met all applicable construction -related accessibility standards pursuant to California Civil Code §55.51 et seq. Lessee acknowledges that it received a copyaf the inspection report at least 48 hours poorto executing this Lease and agrees to creep such report confidential. I have undergone an inspection by a Certified Access Specialist (CASpI and itwas determined that the Premises did not meet all appliWbie construction -related accessibility standards pursuant to California Civil Code 555.51 et seq. Lessee acknowledges that it received a copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report confidential except as necessary to complete repairs and correcbans of violations of construction related accessibility standards. In the event that the Premises have been iswed an inspection report by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee within 7 days of the execution of this Lease. (b) Since compliance with the Americans with Disabilities Act (ADA) and other state and locat accessibility statutes are dependent upon Lessee's specific use of the Premises, lessor makes no warranty or representation as towhether or not the Prnmi."$ comply with ADA or any similar legislation. In the event that Lessee's use of the Premises requites modifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary modifications and/or additions at Lessee's expense. LESSOR A N D LESSEE HAVE CAREFULLY R EAD A N D REVIEWED THIS LEASE AND EACH TERM AND PROWS ION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION; NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1, SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2, RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID PNVESTIGATION SHOULD INCLUOf BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES f-OR LESSEE'S INTENDED USE. WARNING: If THE PREMISES ARE LOCATED I N A STATE OTHER THAN CALI F-0R N IA, CEIRTA4 N PROV i510NS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: On: By LESSOR: Rick D Ka asoff ev yCe, _/1 A A/.� Name Printed Title: Phone: Fax: Email. By: Name Printed: INITIALS ® 2017AIR CRE. All Rights Reserved Executed at: On: Ely LESSEE: City of Santa Ana By: see attached signature page Name Printed: Title: Phone: Fax: Email: By - Name Printed: Page 15 of 16 Last Edited: 3/14/2024 3:26 PM INITIALS 5TG-27,20, Revised 11-01-2017