HomeMy WebLinkAboutRAMCHANDRA, MANCHANDIA CHANDRA (DBA C.R. MANCHANDIA D.D.S.)0%%10%
O: Mindy Ly
PWA (4
College Park Plaza
City of Santa Ana
COMMERCIAL LEASE AGREEMENT
In consideration of the Covenants herein, the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and lawns of the State of California
("LANDLORD') hereby leases to Manchandia Chandra Ramchandra .ribs C.R. Manehandla, D.D.S.
("TENANT) the following premises, I 111 North Bristol Road. ,Sglgaj( sen(@ gate, Cut (the "Premises).
LANDLORD and TENANT now covenant and agree hat the following terms and conditions shall govern
this Lease.
4, TERM. The term begins on Quem .. 1, ?&16 and ends on thereafter
shalt continue on a month-to-month basis until either TENANT or LANDLORD provide risks In
wrifing 30 days prior to the date of its'intentto terminate the lease.
2, RENT. 'Rent'shall mean all monetary obligations of TENANT to LANDLORD under the terms of
this Lease, except security deposit. TENANT shall pay to LANDLORD, withoutdeduction or offset, Base
Rent at the rate of $P Q$d` A per month for they term of the agreement, Tenant shall pay inl6al rent of
$2"8 for the month of November 2016. Rent is to be paid to Landlord In either cashier's check or
money order made payable to the 'City of Santa Ana" at its address set forth in Paragraph 28 of this
Lease or at any other place designated in writing by Landlord from time to time. Rent payments shall be
due on the tat day of each month..
3. W LITIES.
TENANT shall. pay for all gas service, etectricai services, telephone services, telecom services,
and other ut'il'ities and swvloes provided to the Premises during the term of the lease until TENANT
vacates the property. LANDLORD shall pay for water service. TENANT will terminate any and all
accounts for said services when Lessee vacates property.
4.. , (CHECK ONLY ONE)
c TENANT shalt pay to LANDLORD a security deposit of $0 U.S. dollars upon TENANTS
execution of this Lease,
® TENANT has on deposit with LANDLORD $52A„_Q L0 U,S. dollars of which $3 9. OO.Oo In
for the security deposit and $7.98000 is for last month's rent (transferred from previous
lease), which LANDLORD has obtained from the prior owner(s) of the property,
Said security deposit shall be held assecurity for TENANT's performance hereunder and refunded to
TENANT without interest at the end of this Lease, subject to TENANT's satisfactory compliance with the
Conditions hereof.. TENANT may not apply the security deposit to any payment due under the Lease, In
the event of any default or breach of this Leese by TENANT, however, LANDLORD may elect to apply
the security deposit first to any. un -amortized improvements completed for TENANT's occupancy, then to
offset any outstanding invoice or other payment due to LANDLORD,and then to outstanding Rent, If all or
any portion of the security deposit is applied to cure a default or breach during the term of this tease,
TENANT shall restore said deposit to its full amount within 3 days following receipt of written demand.
TENANT's failure to remit the full security deposit (when required) of any portion thereof, or to restore.
said deposit when due shall constitute a substantial Lease default,
Within 30 days after the termination of this Lease and Tenant's vacation of the Premises, LANDLORD
shalIT (1) furnish Tenant an Itemized statement Indicating the amount of security deposit received and the
basis for its disposition, and (it) return any remaining portion of security deposit to TENANT.
5. LATE CHARGE: INTFffR $T: NSF CHECKS. TENANT acknowledges that either late payment of
rent or issuance of a Non -Sufficient Funds (NSF) check may cause LANDLORD to ince costs and
expenses, the exact amount of which are extremely difficult and Impractical to determine. These costs
may include, ant are not limited to, processing, enforcarient and accounting expenses, and late charges
imposed on LANDLORD. If any installment of Rena due from TENANT is not received by LANDLORD
within S calendar days after date due, or if a check is returned NSF.., TENANT shall pay LANDLORD,
respaothrely, a fee of 104A of the target rata for tatecharges, and $25.00 as a NSF fee,. any of which shall
be deemed additional Rent, LANDLORD and TENANT agree that these charges represent a fair and
reasonable estimate of the costs LANDLORD may incur by reason of TENANT's late or NSF payment,
Any late charge, interest, or NSF fee due shall be paid Immediately upon demand, LANDLORD's
acceptance of any late oharga, interest or NSF fee shall not constitute a waiver as to arty default of
TENANT. LANDLORD's right to collect a late charge, interest or NSF fee shall not be deemed an
extension of the date Rent is due under Paragraph 2, or prevent LANDLORD from exercising any other
rights and remedies under this Lease and as provided by law.
6. SAM. This Lease may be terminated at any time by LANDLORD or TENANT upon
thirty (30) days' prior written notice. Such notice shall be deemed given upon the mailing thereof, postage
prepaid, to the other party at the address set forth below. Neither the termination provision of this
Paragraph 6 nor the term of this Lease as set forth in Paragraph 1 above shall be relevant or affect
N-2016-197
LANDLORD and TENANT in any negotiation or proceedings to determine TENANT's right to relocation
expenses by reason of LANDLORD's acquisition of the property.
7. QQQWPANGY. If TENANT continues to occupy, control or encumber all or anypart of the
Promises after the termination of this Lease without the written permission of LANDLORD, TENANT shall
be liable to LANDLORD for any and all loss, damages or expenses Incurred by LANDLORD, and all terms
of this Lease shall continue to. apply, it being understood that such extended occupancy is a tenancy at
sufferance, safety for the benefit and convenience of TENANT. TENANT's control, occupancy or
encumbrance of all or any part of the Premises beyond noon onthe last day of any monthly rental period
shall constitute TENANT's occupancy for an entire additional month, and payment for Rent shall be tide
and payable immediately in advance. LANDLORD's acceptance of any payments from TENANT during
such extended occupancy shall not atter TENANT's status as a TENANT at sufforanca.
8. USE ,t)P, �oREMISES. TENANT shalt use the Premises only Por dental office No other use is
permitted without. LANDLORD's prior written consent, TENANT shall not permit any use of the Promises
which will adversely affect or make voidable any Insurance on the. property of which the Premises are a
part, or on the contents of said property; or which shalt be contrary to any law, regulation or
recommendation made by the Insurance Services Once (or successor organization), goes, fire prevention
agency, local fire department, LANDLORD's Insurer or any similar entity. TENANT shall on demand
reimburse LANDLORD all extra insurance premiums caused by TENANT's use of the Premises.
9.. O PLIANCrE,yV_iltiLAMS. TENANT agrees not to use the Premises in any way that may be
unlawful, improper, noisy, and offensive or contrary to any applicable statute, law, regulation, ordinance
or restriction. TENANT shall keep all employees working in the Premises covered by Worker's
Compensation Insurance as required by law and shall obtain any licenses and permits necessary for
TENANT's use and. occupancy. TENANT shall be responsible for causing the Promises and any
alterations by TENANT allowed hereunder to be in full compliance with all applicable statutes, laws,
regulations, ordinances and restrictions.
% ASSIGNMENT OR SUBLEASE. in no case may TENANT assign this Lease or sublet or
otherwise transfer possession of all or any portion of the Premises to any other persons or entities,
current or prospective tenant of LANDLORD, or any affiliate of such current or prospective TENANT.
11. LANDLORD'S ACCESS. Upon twenty-four (24) hours written notice, LANDLORD andits agents
and designees may at any reasonable time enter to View the Promises and TENANT's operations thereon
to determine TENANT's compliance with the terms of this Lease; to show the Premises to others, to make
repairs and alterations as LANDLORD or Its designee should elect to do for the Premises, the common
areas, or any other portions of the butting; and without creating any obligation or liability for LANDLORD,
but at TENANT'S expense, to make repairs which TENANT Is required but has failed to do.
12. ACCESS AND PARKING. Unless otherwise provided herein, TENANT shall have theright
without additional charge to use parking facilities provided for the Premises In common with others
entitled to the use thereof. TENANT shall not obstruct any portion of the building or its walkways and
approaches.
13. OUTSIDE AREA. Anything held or stored by TENANT In any common area without LANDLORD's
prior written consent shall be deemed abandoned and may be removed by LANDLORD at TENANT's
expense without notice.
14. CQNDITION OP PREMISEC. Tenant acknowledges that the Premises are clean and in a good
and operative condition and state of repair and are acceptable to Tenant In all respects, with the following
Items listed as exceptions shall be dealt with in the following manner.
115.€N EN_gNCE OF p ER M(SES. Except for Landlord's obligations of maintenance in the
immediately following. paragraph, TENANT shalt professionally maintain the Premises and all parts
thereof, Including, without limitation, electrical, plumbing, mechanical, lighting, water systems and fixtures,
if .any, glass, windows and doors, in good, operable and sate condition and repair. If TENANT falls to
maintain and repair the Premises, LANDLORD may contract for or perform such maintenance; and
charge TENANT for the cost thereof together with an administration fee equal to 1a°I° of such cost,
LANDLORD shall maintain the roof, foundation, exterior waits and common areas. Ali maintenance
provided by LANDLORD shall be during LANDLORD's normal business hours. Except for the foregoing,
and as may otherwise be expressly provided in this Lease, Landlord has no duty to maintain or repair the
Premises or any part thereof.
16.. ALTE�f2 J_1QNS, TENANT shall not make structural alterations, additions or improvements of any
Kind to the Premises, but may make nonstructural alterations, additions or improvements with
LANDLORD's prior written consent. All such allowed alterations, additions and Improvements shall be at
TENANT's expense and shall conform to LANDLORD's building standards and construction
specifications. If LANDLORD or its agent provides any services or maintenance for TENANT in
connection with such alterations, additions and improvements or otherwise under this lease, TENANT wilt
promptly pay any just invoice. TENANT shall obtain a lien waiver from any contractor it employs prior to
commencement of any work. TENANT shall not permit any mechanics' Liens, or similar (tens, to remain
upon the Premises in connection with any work performed or claimed to have been performed at the
direction of TENANT and shall cause any such lien to be released or removed forthwith without cost to
LANDLORD. Any alterations, additions and improvements shall become part of the Premises and the
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property of LANDLORD. LANDLORD shall have the right at any time to make additions to the building,
change the arrangement of parking areas, stairs or walkways, or otherwise alter common areas or the
exterior of the building,
17. M-EPJICS LIENS. TENANT shall keep property free from any liens arising out of any work
performed, material furnished, or obligations incurred by TENANT, or any tenant or subtenant thereof.
TENANT shall obtain a lion waiver from any contractor it employs prior to commencement of any work.
TENANT shah not permit any mechanics' liens, or similar liens, to remain upon the Premises in
connection with any work performed or claimed to have been performed at the direction of TENANT and
shall cause any such lien to be released or removed forthwith without cost to LANDLORD.
TENANT shall Indemnify, defend with counsel selected by LANDLORD, protect and hold LANDLORD, its
directors, officers, employees, contractors, agents, assigns, and any successor or successors to
LANDLORD's Interest harmless from and against all claims, actual damages (including, but not limited to,
special and consequential damages), punitive damages, Injuries, costs, response costs, losses,
demands, debts, liens, liabilities, causes of action, sub, legal or administrative proceedings, interest
fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witnessfees
and costs incurred in connection with defending against any of the foregoing or in enforcing this
indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the Property, or any
Indemnified party directly or indirectly arising from or attributable to any work performed, material
furnished, or obligations incurred by TENANT, or any tenant or subtenant thereof,
M FIRE PREVENTION. TENANT agrees to use every reasonable precaution against fire, to provide
and maintain approved, labeled fire extinguishers, emergency fighting equipment and exit signs, and to
complete any other modifications within the Promises as required or recommended by the Insurance
Services Office (or successor organization), OSHA, the locat Ore department, LANDLORD's insurer or
any similar entity.
19. FIRE: CASUALTY. Should there W Substantial Damage to the Promises by reason of fire or
other casualty, LANDLORD may, in Its sole discretion, by written notice given within 30 days following the
date of the casualty, elect to terminate this Lease as of the date of the casualty or (at its expense) to
restore the Premises to a condition substantially suitable for their Intended use. if Landlord fails to give
written notice of its election to so restore the Premises within 30 days following the date of the casualty,
Landlord k43 be deemed to have elected to terminate this Lease as of the date of ft casualty. For
purposes of this Paragraph, 'Substantial Damage' to the Premises will be deemed to have occurred if the
rest of restoring the Premises to their condition Iminediately prior to the casualty would exceed fifty
percent (60%) of the monthly Base Rent set forth in Paragraph 2. If there Is Substantial Damage to the
Promises, and Landlord has given written notice of its eletbon to restore the Premises, then TENANT
may elect to terminate this Lease If LANDLORD fails to restore the Premises to a condition substantially
suitable for their Intended use within 90 days after the date of the casualty. If the Premises are damaged
by fire or other casualty and the damage Is not Substantial Damage, then Tenant (at its expense) shall
promptly and diligently restore the Premises to a condition substantially suitable for their intended use,
20. IN§URANCLE, TENANT shall obtain and keep In force a Commercial General Liability policy of
Insurance protecting TENANT and naming LANDLORD as additional Insured against claims for bodily
injury, personal Injury and property damage based upon or arising out of the ownership, use, occupancy
or maintenance of the Promises, and all areas appurtenant thereto. Such insurance shall be on an
occurrence basis providing single limit coverage In an amount not less than $1,000,000 per occurrence
with an annual aggregate of not less than $1,000,000, an "Additional Insured -Managers or Lessor. of
Premises Entionamortir and contain the 'Amendment of the Pollution Endorremenr for damage caused
by beat, smoke, or fumes from a hostile fire. The policy shall not contain any Intre-Insured exclusions as
between insured persons or organizations, but shall include coverage for liability assumed under this
Lease as an 'Insured contract" for the performance of TENANT's Indemnity obligations under this Lease.
The limits of said insurance shall not, however, limit the liability of TENANT nor relieve TENANT of any
obligation hereunder. All insurance carried by TENANT shall be primary and not contributory with a
similar insurance carried by LANDLORD, whose Insurance shall be considered excess insurance only.
Failure to maintain a certificate, of insurance on file with LANDLORD evidencing such insurance shall be
cause for termination.
21, R—ECLJ-RJ]TXM-E&a-U—QP-S. TENANT hereby acknowledges that the Rent payable to LANDLORD
hereunder does not include the cost of guard service or other security measures, and that LANDLORD
shall have no obligation whatsoever to provide same. TENANT assumes all responsibility for the
protection of the Premises, TENANT, its agents and invitees; to the property from the acts of third parties,
22. INDEMNIFICATION OF LANDLORD, Except for LANDLORD's gross negligence or wifffial
misconduct, and without limiting any other obligations of indemnity on TENANT'S part under this Lease,
TENANT shall indemnify, defend, and hold harmless, LANDLORD, Its officers, employees, agents,
successors and assigns, from and against any and all claims, losses, liabilities, fines, penalties, actions,
proceedings, judgments, costs and expenses (including attorneys' and consultants' fees and costs)
arising out of, involving, or in connected with (a) the use andfor occupancy of the Premises by TENANT,
(b) the acts or emissions TENANT and I officers, agents, employees, contractors, customers and
invitees In or about the Premises, and (c) any failure by TENANT to perform any of its obligations under
this Lease. If any action or proceeding Is brought against any indemnified party by reason of any of the
foregoing matters, TENANT shall upon notice from LANDLORD defend the same at TENANT's expense
by counsel reasonably satisfactory to LANDLORD and such Indemnified party shall cooperate with
TENANT in such defense. LANDLORD need not have first paid any such claim in order to be defended
or indemnified,
P ��P.LM-VMUr I
23. EXF,MeIQN. pF,,,_AARQ(ORD FROM UAB LMI LANDLORD shall not be liable for Injury or
damage to the person or goods, wares, merchandise or other property of TENANT, TENANTS
employees, contractors; invitees, customers or any other person In or about the Premises, whether such
damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the
breakage, leakage, obstructionor other defects of pipes, fire sprinklers, wires, appliances, plumbing,
HVAC or lighting fixtures, or from any other cause, whether the said Injury or damage results from
conditions arising upon the Premises or upon other portions of LANDLORDS"s property, or from other
sources or places, LANDLORD shall not be liable for any damages arising from any actor neglect of any
other tenant of LANDLORD nor from the failure of LANDLORD to enforce the provisions of any other
lease on the property. Notwithstanding LANDLORD's negligence or breach of this Lease, LANDLORD
shall under no circumstances be liable for Injury to TENANT's business or for any loss of income or profit
therefrom.
LANDLORD shall not be liable to anyone for, nor shall TENANTS obligations under this Lease be
reduced because of, loss or damage caused in any way by the use, leakage, seepage,flooding or escape
of water or sewage in any form or from any souma, by the interruption or ceasation of any service
rendered customarily to the Premises or building or agreed to by the torms of this Lease, by any accident,
the making of repairs, alterations or improvements, labor difficulties, weather conditions, mechanical
breakdowns, trouble or scarcity In obtaining fuel, electricity, service or supplies from the sources from
which they are usually obtained, by any change in any ublity or service. provider, or by any cause beyond
LANDLORD's immediate control
24. RESUMPTION OF RtSI AND INDEMNITY,. TENANT assumes all risk of loss to itself, which in
any manner may arise out of the use of the Premises under this Lease, Further, without iinihing any other
obligations of Indemnity on TENANTS part under this Lease, TENANT, Its successors and assigns, shat]
Indemnify and defend LANDLORD and Its directors, officers, agents, ooniractors, and employees against
any liability and expenses, Including the reasonable expense of legal representation whether by special
counsel or by LANDLORD's staff attorneys; resulting from injury to or death of TENANT, Its successor
and assigns, and invitees, and any person who otherwise Is lawfully on the property; or damage to any
property, Including property of LANDLORD, or damage to any other interest of LANDLORD. Including but
not limited to auk alleging noncompliance with any statute or regulation which In any manner may arise
out of the issuing of this Lease; or use by TENANT of the Premises, or any adjoining land used with the
property, All common areas, including but not limited to any parking areas, stairs, corridors, roofs,
walkways and elevators (herein collectively called the common areas) shall be considered a part of the
Premises for liability and insurance purposes when they are used by TENANT or TENANT's employees,
agents, sellers or invitees,
25. WAIVER. The waiver by LANDLORD of any breach of any term, covenant, or condition herein
contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant, or
condition, orofany other tern, covenant, or condition herein contained. The acceptance by LANDLORD
of any rental or other paymentsdue hereunder with knowledge of the breach of any of the terms; covenants
or provisions of this Lease by TENANT shall not beconstrued as a waiver of any such breach. The
acceptance at any time or times by LANDLORD of any sum less then that which is required to be paid by
TENANT shall, unless LANDLORD specifically agrees otherwise in writing, be deemed to have been
received only on account of the obligation for which it Is paid, and shallnot be deemed an accord and
satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing
transmitting the same,
26. HAZARDOUS SURSTANCES. For purposes of this Lease, the term "Hazardous Substance"
means,. 0) any substance, product, waste or other material of any nature whatsoever which Is waste or
other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to
the Comprehensive Environmental Response, 'Compensation and Liability Act, 42 United States Code
Section 9601, at seq.; the Resources. Conservation and Recovery Act, 42 United States Code
Section 6901, at seq. (CERCLA); the Hazardous Materials Transportation Conservation and Recovery
Act, 42 United States Code Section 1801, at seq.;. the Resources Conservation and Recovery. Act,
42 United Stals Coda Section 6901, at seq.. (RCRA); the Clean Water Act, 33 United States Code
Section 1251, at seq.; the Toxic Substances Control Act, 15 United States Code Section 2601, at seq.;
the California Hazardous Waste Control Act, Health and Safety Code Sectien25100, areas.; the.
California Hazardous Substance Account Act, Health and Safety Code Section 28330, at seq,; the
California Safe Drinking Water and Toric Enforcement Act, Health and Safety Code Section 29249.5,
at seq.; California Health and Safety Code Section 25280, at seq. (Underground Storage of Hazardous
Substances); the California Hazardous Waste Management Act, Health and Safety Code
Sections 25170,1, of seq.; Caflfomia Health and Safety Code Sections 25501, at seq. (Hazardous
Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control
Act, Water Code Section 13040, at seq., all as amended, (the above-cited California state statutes are
hereinafter collectively referred to as "the State Toxic Substances Laws") or any other federal, state, or
local statute, law, ordinance, resolution, code, rule,regulation, order or decree regulating, relating to, or
"posing liability or standards of conduct concerning, any hazardous or toxic substance hereafter In
effect; (if) any substance, product, waste or other material of any nature whatsoever which may give rise
to liability under any of the above statutes or under any statutory or common taw theory based on
negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state
or federal adult; (III) petroleum or crude oil other Ilion petroleum and petroleum products which are
contained within regularly -operated motor vehicles; and, (iv) asbestos.
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a. LANDLORD makes no warranty or representation whatsoever concerning the Property,
Including without limitation, the condition, fitness or .utility for any purpose thereof, any
Improvements thereto or personal property located thereon, or compliance thereof with applicable
laws, ordinances or governmental regulations, and the TENANTS right to use the Property Is
strictly "as ta", with all faults, and LANDLORD hereby disclaims all other warranties whatsoever,
express or implied; including, without limitation, any warranty as to the presence or absence of
Hazardous Substances, the condition of the soil (or water), geology, and any warranty of
merchantability or habitability or fitness for a particular purpose.
It, Except as otherwise permitted In this Lease, TENANT shall not use, create, store or allow
any Hazardous Substances on the Property. TENANT shall not cause or permit fuel or other
Hazardous Substances to contact with the soil or subsoil and any such Hazardous Substances
shall be removed from the Property by TENANT by lawful means.
Q In no case shall TENANT cause or allow the deposit or disposal of any such Hazardous
Substances on Property.
d. No underground storage tanks shall be Installed.
e, TENANT shall, within reasonable time, either prior to the. release or following the
discovery by TENANT of the presence of or believed. presence of the hazardous substance as
defined herein, give written notice to LANDLORD to the event that TENANT knows or has
reasonable cause to believe that any release of a hazardous substance has come or will come to
be located on or beneath the subject Property. The failure to disclose Ina timely manner the
release of either a material amount of hazardous substance or an amount which is required to be
reported to a state or local agency pursuant to law (e.g. California's Hazardous Materials Storage
and Emergency Response Act, Health and Safety Code Section 23554, at seg.), may subject
TENANT to a default on this Lease in addition to actual damages and other remedies provided by
law. TENANT shall Immediately clean up and completely remove from the Property ail
Hazardous Substances used, stored or created by TENANT on the Property, in a manner that Is
in all respects safe and in accordance with all applicable laws.
f. TENANT shall disclose to LAND40RD its disposal of any Hazardous Substances located
in Property and provide written documentation of its safe and legal disposal.
g. Breach of any of these covenants, terms and conditions shall give LANDLORD the
authority to immediately terminate this Lease and/or to shut down TENANT's operations thereon,
pending rectification of the breach, in which case, TENANT will continue to be liable under this
Lease to clean up all Hazardous Substances from the Property. TENANT shall be responsible for
and bear the entire cost of removal and disposal of Hazardous Substances introduced to the
Property during TENANTs period of use and possession of the Property, except where such
Hazardous Substances are placed thereon by LANDLORD or LANDLORD'sagents. LANDLORD
may pass through to TENANT any and all cleanup costs Incurred by LANDLORD as a result of
TENANT's activities on the property, Notwithstanding the foregoing, TENANT shall be
responsible for any cleanup or decontamination on or off no Property necessitated by the
presence of such Hazardous Substances, Upon termination of this Lease, TENANT Is required,
in accordance with all laws, to remove from the Property any equipment or Improvements to the
Property that could be contaminated by Hazardous Substances.
h. TENANT shalt Indemnify, defend with counsel selected by LANDLORD, protect and hold
LANDLORD, its directors,: officers; employees, contractors, agents, assigns, and any successor
or successors fia L.ANDLORD's interest harmless from and against all claims, actual damages
(including, but not limited to, special and consequential damages), punitive damages, injuries,
casts, response costs, .losses, demands, debts, [tens, liabilities, causes of action, suits, legal or
administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not
limited to, attorneys' and expert witness' fees and costs Incurred in connection with defending
against: any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred
or suffered by, or asserted against, the Property, or any Indemnttied party directly or indirectly
arising from or attributable to any repair, cleanup or detoxrficattom or preparation and
impiementa€lon of any removal, remedial, response, closure, or other plan concerning any
hazardous substance on,. under, or about the Property, regardless of whether undertaken due to
governmental action, To the fullest extent permitted by law, the foregoing indemnification shall
apply regardless of the fault, active or passive negligence, breach of warranty or contract of ACE.
The foregoing Indemnity is intended to operate as an agreement pursuant to CERCLA
Section 107(e) of 42 United States Code Section 0607(E), and California Health and Safety
Code Section 28364, to insure, protect, hold harmless and indemnify LANDLORD from any
liability pursuant to such sections.
I HAVE READ AND UNDERSTOOD PARAGRAPH 26 81 AR 2p,
IiiANCES.
TENANT's Initials
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27, BROKERAGE. TENANT warrants and represents to LANDLORD that TENANT has dealt with no
broker or third person with respect to this Lease, and TENANT agrees to Indemnify LANDLORD against
any brokerage claims arising out of this Lease. LANDLORD warrants and represents to TENANT that
LANDLORD has employed no exclusive broker or agent In connection with this Leasa, If either party
Introduces a broker or third person on its behalf for any extension, renewal or expansion of this lease, any
fees or commissions shall be the sole responsibility of the party engaging such broker or third person.
28, NQ=, All notices, requests, demands and other communications required or permitted to be
given under the terms of this Lease by one party to the other shall be in writing addressed to the recipient
party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if
delivered personally (including by commercial courier or delivery service) to the partys Notice Address,
then as of the date delivered (or If de tery is refused, on presentation), or (b) it mailed by earthed mail to
the party's Notes Address, postage prepaid and return receipt requested, then at the time received at the
parry's Notice Address as evidenced by the return receipt, or (a) if mailed by first elm mail to the party's
Notice address, postage prepaid, then on the third (3rd) day following deposit in the United States Mall,
Any party may change its Notes Address by a notice given in the foregoing form and manner. The
Notice Addresses of the parties are:
If to LANDLORD: The City of Santa Ana
C/o Paragon Partners Ltd.
5762 Bolas Avenue, Suite 201
Huntington Beach, California 92649
Fax: (714) $79-3376
It to TENANT. C.R. Manchandia, D,D,$,
Attm Manchandia Chandra Ramohandle
1111 North Bristol Street 8 mus K
Santa Ana, CA 92703
Phone: (714) $42-2133
Notwithstanding the foregoing, LANDLORD may always use the address of the Promises as TENANT'S
Notice Address.
29. SURRENDER, On or before the termination of this Lease, TENANT shall remove all of
TENANT's goods, trade fixtures, personal property and effects from the Promises, and shalt deliver to
LANDLORD actual and exclusive possession of the Promises and all keys and looks thereto, TENANT
shall deliver the Premises fully sanitized from any chemicals or other contaminants, broom clean, and In
at least the same condition as they were at the commencement of the Lease or any prior lease between
the parties for the promises, or as they were modtflad during said term with LANDLORD's written
consent, reasonable wear and tear only excepted, and 'TENANT shall be deemed to be encumbering the
Premises until It delivers the Premises to LANDLORD in the condition required under this Lease. Any of
TENANT's property met remains in the Premises upon termination of.the Lease shall be deemed
abandoned and shall be disposed of as LANDLORD seas fit, with no liability to TENANT for loss or
damage thereto, and at the sole risk of TENANT. To the extent permitted by law, LANDLORD may
remove and store any such property at TENANT's expense; retain some under LANDLORD's control; sell
same at public or private sale (without notice) and apply the net proceeds of such sale to the payment of
any sum due hereunder, or destroy same, In no case shall the Premises be deemed surrendered to
LANDLORD until the termination date provided herein or such other date as may be specified in a written
agreement between the parties, notwithstanding the "ivory of any keys to LANDLORD.
30, JOINT AND SEVERAL STC, if TENANT is several persons, corporations, or other legal entities,
or a partnership, or some combination thereof, TENANTS obligations are joint and several. 'LANDLORD'
and 'TENANT" mean the person or persons, natural or corporate, named above as LANDLORD and as
TENANT respectively, and their respective heirs, executors, administrators, successors and assigns.
31. DEFAULT AND REMEDIBS, It TENANT falls to pay Rent when due, or to perform any term of
this Lease, then, after not less than 3 days' written notice of default given In the manner required by low,
LANDLORD, at LANDLORD'S option, may terminate this Lease, unless TENANT, within the thus
specified in such written notice, cures the default, If TENANT defaults, LANDLORD may elect to.,
(a) continue this Lease In effect, and enforce all of LANDLORDS right and remedies under this
Lease, Including the right to recover Rent as it becomes due, or
(b) at any time, terminate all of TENANTS lights under this Lease, and recover from TENANT all
damages LANDLORD may incur by reason of TENANTS default, including the cost of recovering the
Premises and including the worth at the time of termination or at the time of an award if suit is Instituted to
enforce this provision, of the amount by which the unpaid Base Rent for the balance of the term exceeds
the amount of rental loss that the TENANT proves could be reasonably avoided.
In addition to any other rights and remedies allowed by this Lease or by law, LANDLORD shall have the
remedies set forth in California Civil Code Sections 1951.2 and 1951 A,
32, 6JJQFiN9)TLF—EES. The prevailing party in any action brought by either party hereto based on
any claim arising under this Lease shall be entitled to reasonable attorneys' fees,
33. AMENDMENT. The terms of this Lease may not be modified or amended except by an
instrument in wiffing executed by such at the parties hereto,
34. TIMEQF F„gg,EH,Q,�. Time is of the essence of each and every term, condition, obligation, and
provision hereof:
39. AMERICANS WITH DISA0ILIT3ES ACT. Since compliance with the Americans with Disabilities
Act (ADA) Is dependent upon'TENANT's speoific use of the Promises, LANDLORD makes no warranty or
representation as to whether or not the Premises comply with. the ADA or any similar legislation. In the
event that TENANT's use of the Promises requires modifications or adds ions to the Premises In order to
be In ADA compliance, TENANT agrees to make any such necessary modifications anular additions at
TENANT's expense.
36, HEADINGS: EXHIBITS. The section headings in this Lease are for convenience of reference
only and are not to be referred to in construing or interpreting this Lease. All exhibits referred to In this
Lease are apart of this Lease..
$7, AEVERABILITY. The Invalidity or unenforceability, of any term or provision of this Lease shall not
affect the validity or enforceability of any other term or provision of this Lease all of which shall remain In
full force and effect.
36. Q9-LjNTERPARTS, This Lease may be executed in counterparts, each of which Is an original
but all of which together constitute but one and the same instrument. Signature pages of this Lease may
he detached from any counterpart and re-allachod to any other counterpart of this Lease which is
Identical In form hereto but having attached to it one or more additional signature. pages.
39. QQYgRNINjP L6W. This Lease Is to be governed by and construed in accordance with the laws of
the State of Csiifamia.
IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease to be duty executed by their
respective duly authorized officers or representatives this,__„„ day of. 2016.
LANDLORD: TENANT: Manchandia Chandra Ramchandra
T City of SANTA ANA, a Municipal) ootpOratton
avid Cave", Print n 4$ t
fly
Manager '17Uat�.
APPROVED AS TO FORM: Piint name:
Tied:
Jinstant M Funk City Attorney
AATTEESS/'P, c� )
„r Mada D, Huizdr
Clerk of the Council
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