HomeMy WebLinkAboutDELHI CENTER - LEASE-1972
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LEl\SE
THIS LEASE, ffi<:lde this 3rd day of Ma;y , 1972, by
and between the City of Santa Ana, a municipal corporation, herein
called "LANDLORD", and Delhi Organization, a Cali:t'ornia non-pro:t'it corporatic;>>n
herein ca lled "TENANT";
WITNESSETH:
That the LANDLORD hereby leases to the TENANT, and the TENANT
hereby hires from the LANDLORD the property situated in the City of
Santa Ana, county of Orange, State of California, commonly known as:
Exhibit "A"
In consideration of the promises and agreements herein contained it is
agreed by and between the parties hereto as follows:
I
That the term of the lease shall be for one month commencing
on Ma;y 3, 1972 and then on a basis of month 500
month at the monthly consideration, to be paid in advance, of $1 .0
The sum of $ 10.00 is due on the execution of this lease and
represents a first payment, but regular payments in the amount of the
agreed monthly consideration shall be due on the 1st day of each
and every month hereafter until the termination of this tenancy or a
change of its terms by an agreement in writing.
II
By entry hereunder, TENANT accepts the premises as being in
good and sanitary order, condition and repair and hereby agrees on the
last day of said term, or sooner termination of this lease to surrender
to the LANDLORD said premises in the same condition as when received
--reasonable use and wear thereof and damage by fire, act of God, or
by the elements excepted--and to remove all of TENANT's signs from
said premises.
III
The premises are leased to the TEl~~ for the purpose of
using the same as a business, and 'l'ENANT shall not use or permit
said premises or any part thereof, to be used for any purpose or
purposes other than that of a business.
IV
No use shall be made or permitted to be made of the said
premises, nor acts done, which will increase the existing rate of
insurance upon the buildings, or cause a cancellation of any insurance
policy covering said building, or any part thereof, nor shall TENANT
sell, or permit to be kept, used or sold, in or about said premises,
any article which may be combustible such as gasoline or other dan-
gerous or explosive material. TENANT shall, at his sole cost and
expense, comply with any and all requirements, pertaining to said
premises, of any insurance necessary for the maintenance of reason-
able fire and public li<:lbili ty insurance covering sa'id building and
appurtenDnces..
V
TENANT shall not commit, or suffe:!:' to be committed, any
wast.C upon the said premises, or any nuisance.
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oitwll:cd in thc Gtate of
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County of Orml!;C, City
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01' flrulh, 1\na, deocrJ.bed as 1'ollo>ls:
That portion of Lot 1, in lUock 6, of TI'ltct No. 39, as showll 011 0. Nap recorded in
Book 9, page 37 of Hiscelluneouo Naps, rccoI'dn of Orunge County, Californil\,
together 'With that portion of the 15.00 foot ,aD.ey udjoining saJ.d Lot 1 on the
South, abandoned by order of the City Council. of tho City of Santu Ana, 0.
certified copy of ~hich was recorded January 7, 1958 in Book 4157, page.199 of
Official Records, described as follo,ro:
Beginning at the Northwest corner of said Lot 1) thence South 00 12' 00" East
,,' along the Westerly line of said Lot 1 and along the Southerly prolongation thereof
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'147.50 feet to a point in the centerline of said 15.00 foot alley) thftnce East
,-' . along said centerline 16.60 feet) thence North 4" 04' 09" East 121.05 feet to the
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~':;' beginning of a tangent curve concave Southwesterly having a radius of 25.00 feet)
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, . thence Northwesterly along said curve through a central angle of 940 04' 09" an
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arc distance of 41.05 feet to a line tangent, said line tangent being the Southerly
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line of Central Avenue, 60.00 feet vide) thence West' along said tangent line
0.77 feet to the point of begJ.nning.
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VI
TENANT shall not make or suffer to be made any alterations of
said premises, or any part thereof, without the written consent of
the Park Superintendent of the City of Santa Ana first had and ob-
tained and any additions to, or alterations of the said premises,
shall become at once a part of the realty and belong to the LANDLORD.
TENANT shall keep the premises and the property in which the premises
are situated free from all liens arising out of any work performed,
material furnished, or obligations incurred by TENANT.
VII
TENANT shall pay for all utilities and services supplied to
said premises, and shall maintain any lawns and shrubs in a good and
husbandlike manner.
VIII
TENANT shall not vacate or abandon the premises at any time
during the term; and if the TENANT shall abandon, vacate, or surren-
der said premises, or be dispossessed by process of law, or otherwise,
any personal property belonging to TENANT and left on the premises
shall be deemed to be abandoned, at the option of the LANDLORD, ex-
cept such property as may be mortgaged to LANDLORD.
IX
This lease is made upon the express condition that LANDLORD
is to be free from all liability and claim for damages by reason of
any injury to any person or persons, including TENANT, or property
of any kind whatsoever and whomsoever belonging, including TENANT,
from any cause or causes whatsoever while in, upon, or in any way
connected with the premises or the said sidewalks adjacent thereto
during the term of this lease or any extension hereof or any occu-
pancy hereunder. Furthermore, TENANT covenants to inform LANDLORD
of any and all injuries which should result to any person on said
premises.
X
That the LANDLORD has acquired the property herein described
together with others, for the purpose of removing the building, and
plans to put said properties to a public use, so does not intend to
mainta~n said buildings. That in the event the building or any sub-
stantial portion thereof is destroyed by fire, earthquake, the ele-
ments, act of God, or other means, this lease shall terminate and
LANDLORD may not be required to repair the same.
XI
TENANT shall permit LANDLORD and his agents to enter into
and upon said premises at all reasonable times for the purpose of
inspecting the same or for the purpose of maintaining the building
in which said premises are situated or for the purpose of maki!1.-J
those repai.rs, altcrotions, or t1dditions to the building as the
LANDLORD shall see fit. This clause in no way places upon the LAND-
LORD the burden of making any such repairs.
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XII
TENANT shall not assign this Lease, or any interest therein,
and shall not sublet the said premises or any part thereof, or any
right or privilege appurtenant thereto, or suffer any other person'
to occupy or use the said premises, or any portion thereof, without
the written consent of the Park Superintendent of the City of Santa
Ana first had and obtained, and a consent to one assignment, sublet-
ting, occupation, or use by another person shall not be deemed to be
a consent to any subsequent assignment, subletting, occupation, or use
by another person. Any such assignment or subletting without such
consent shall be void, and shall, at the option of the LANDLORD,
terminate this Lease. This Lease shall not, nor shall any interest
therein, be assignable, as to the interest of TENANT, by operation
of law, without the written consent of LANDLORD.
XIII
In the event of any breach of this lease by TENANT, then
LANDLORD besides other rights or remedies he may have, shall have
the immediate right of re-entry and may remove all persons and
property from the premises; such property may be removed and stored
in a public warehouse or elsewhere at the cost of and for the account
of TENANT. Should LANDLORD elect to re-enter, as herein provided,
or should he take possession pursuant to legal proceedings or pursuant
to notice provided for by law, he may either terminate this lease,
relet said premises or any part thereof for such term or terms and
at such rental or rentals and upon such other terms and conditions
as LANDLORD in his sole discretion may deem advisable with the right
to make alterations and repairs to said premises.
XIV
In case suit shall be brought for an unlawful detainer of
the said premises, for the recovery of any rent due under the pro-
visions of this Lease, or because of the breach of any covenants
herein, including the covenant to pay rent in advance each month,
TENANT shall pay to LANDLORD reasonable attorney's fees in the
amount of $50.00 which each party hereby agrees is a reasonable sum.
xv
Either party may terminate this Lease by serving a thirty
day notice in writing on the othe~ party of his intention so to do.
LANDLORD may be served by delivery of such notice to LANDLORD's
Clerk of the Council, Room 303 City Hall, 217 North Main Street,
Santa Ana, California, and TENANT may be served by delivery of such
notice to TENANT or to any person over the age of 18 years being
found at the premises acting as agent or contractor of the TENANT,
or, if no person over the age of 18 years be found there present,
by posting such notice conspicuously on the door of said premises.
XVI
That if TENANT fails to comply with any of the terms hereof
or fails to pay the rent hCl:cin provided for when clue, th.is I,ease
Shall tat. the optior; 0 f the !-...'~.?;DLUHJ), tcnnina tc I ,J nd r':"EJ:/\lyr zH;rees
that upon the happening of any such event or within 30 days after
service of a notice to terminate, as herein provided for, TENANT and
all persons in said premises will vacate the premises and peaceably
quit and surrender up possession of the same.
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)""VII
Time is the essence of this cont.ract.
IN WITNESS \'lllEREOF, the LANDLORD has caused this Lease to
be executed by its duly autuorized agent and TENANT has execut.ed
this Lease to be effective the day and year first hereinabove written.
CITY OF SAN'l'A ANA, LANDLORD
By
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Title
Mayor
ames A. Withers
City Attorney
President
Rosa Arizararas. Secretary
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