HomeMy WebLinkAboutSublease Integrity Charter SchoolAttachment 4
SUBLEASE
This Sublease ("Sublease") is effective 2014, ("Effective Date")between
the BOYS & GIRLS CLUBS OF GREATER SAN DIeGO, a California nonprofit corporation (the
"Club" or "Landlord") and INTEGRITY CHARTER SCHOOL ("Integrity" or "Tenant") (each a
"party" and collectively the "parties").
RECITALS
A. The Club leases the real property located at 1430 "D" Avenue, National City, California
91950, County of San Diego, State of California (the "Property" sometimes referred to as the "Payne
Family Branch"), as more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference, from the City of National City ("City"). A true and correct copy of said Lease
between the Club and the City of National City is attached hereto as Exhibit "B" and incorporated
herein by reference.
B. Pursuant to the Lease between the City, Club is granted the right to sublet the Premises
only with the prior written consent of the City. Therefore, the effectiveness of this Sublease is
expressly made contingent upon the Club's receipt of the City's written consent as set forth below.
C. Integrity desires to sublease a portion of the Property as defined below for the purpose
of operating a Charter School for grades kindergarten through second grade and the Club desires to
sublease a portion of the Property to Integrity for said purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Subleased Premises. Subject to the written approval of this Sublease by the City,
the written consent hereto by the City and to the provisions of the Lease between the City and the
Club, the Club hereby subleases to Integrity and Integrity subleases from the Club, upon all of the
terms and conditions set forth in this Sublease, a portion of the Property including six (6) identified
classrooms for kindergarten through second grade, use of the boys' and girls' bathrooms, use of the
computer lab, and use of the gymnasium, as shown on the attached Exhibit "C" incorporated herein
by reference (the "Premises") as well as non-exclusive use of the common areas as described below.
Integrity shall have no right of possession of any remaining portions of the real property or
improvements located thereon. This Sublease subordinates to the applicable covenants and
conditions of the Lease between the City and the Club. In the event of conflict between the
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
Attachment 4
provisions of this Sublease and those of the Lease between the City and Club, the Lease between
the City and the Club shall control.
Portions of the Property are subject to shared use by Integrity, the Club and other users,
including but not limited to the gymnasium, computer lab, bathrooms and common access ways
("Common Areas") (collectively "Shared Use Space"). The specific hours of use of portions of the
Premises are more particularly set forth in Section 4.5 below. For all additional or incidental use,
if any, the parties shall use their best efforts to cooperate with the scheduling and shared use.
2. Term,
2.1 Unless sooner terminated under the terms of this Agreement, the term ("Term")
of this Agreement is for a period of two (2) years commencing on July 14, 2014 ("Commencement
Date") and terminating at the close of business on July 13, 2016. The parties agree that each school
year Term of this Agreement shall conform as closely as possible to that of the school schedule of
the National City School District.
2.2 Extension/Renewal of Term. Integrity shall have one (1) option to extend the
Term of this Sublease for a cl,ditjonial one (1) year term ("Renewal Term"), which option must be
exercise no lat Decelnk.74- ..751, 2015. In the event no option is exercised in
writing rem-g-hibef----74, 2015, the Club will assume that Integrity will not renew the
agreement and may negotiate an agreement with another user. If this option is exercised, references
in the Sublease to the Tenn shall include the Renewal Tenn. Upon exercise of the option to renew,
the Term shall be extended through the expiration date of the renewal term on the same terms and
conditions as contained herein. The option may not be exercised if Integrity is in default or in
breach of any term in this Sublease, or if after exercise Integrity becomes in default or breach, the
Extended Term will be of no force or effect.
2.3 Possession; Acceptance of Premises. By signing this Agreement, Integrity
represents and warrants that it has independently inspected all of the Premises and adjunct facilities
and made all investigations, and observations necessary to satisfy itself of the condition of the
Premises and adjunct facilities and accepts the Premises in an "as -is" condition. Integrity
acknowledges and agrees that it is relying solely on such independent inspection, tests,
investigations, and observations in making this Agreement. Integrity hereby accepts the Premises
in the condition existing as of the Sublease commencement date as set forth herein, or the date that
Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning,
municipal, county, state and federal laws, ordinances and regulations governing and regulating the
use of the Premises and any covenants or restrictions. Integrity acknowledges that the Premises is
in the condition called for by this Agreement and Integrity does not hold the Club responsible for
any defects in the Property or the Premises. The Club is not aware whether the Property has or has
not been deten-nined, pursuant to a report prepared in compliance with Civil Code Section 55.53 to
meet all applicable construction -related access standards. Nor is the Club aware whether there has
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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been any review of the Property for any ecologically sensitive areas, including but not limited to
wetlands, flood plains, aquifers or conservation areas. Further, Integrity acknowledges that neither
Landlord nor Landlord's agent, if any, has made any representation or warranty as to the present or
future suitability of the Premises for the conduct of Tenant's business.
3. Rent.
3.1 Base Rent. Tenant shall pay to Landlord Base Rent as minimum monthly rent,
without deduction, setoff, prior notice, or demand the sum of $5,000 per month for the ten (10)
months of this Sublease and school year. Monthly installments of Base Rent shall be payable
monthly, in advance, on the first day of each month. The first month's rent shall be paid upon
execution of this Sublease. The rent for any partial month, including but not limited to July, 2014,
shall be prorated on the basis of a thirty (30) day month. Rent shall be paid in lawful money of the
United States to the Club at the address set forth on the signature page of this Sublease or to such
other person or at such other place as Landlord may designate in writing.
3.2 Membership Fees. The parties acknowledge that the Club is separately
contracted to run the after -school program ("ASES") for students enrolled at Integrity in grades 1-8.
In addition to the Base Rent, Integrity shall pay to the Club $30 per student for those students not
eligible in ASES. Said Membership Fee shall be due and payable to the Club on date the first
installment of Base Rent is due and thereafter on any date that a new student enrolls in Integrity
without eligibility in ASES.
3.3 Conditional Use Permit. The Club shall use its best efforts to obtain a
Conditional Use Permit for Integrity to operate at the Premises, however the Club makes no
representation or guarantee whether or when the City of National City will issue the permit. The
Club shall be responsible for the costs associated with the acquisition of a new Conditional Us
Permit required for the operation of a charter school not to exceed the sum of $ 5 - 0 0
In the event the Club is unable to obtain the Conditional Use Permit, Integrity may terminate this
Sublease in writing with no liability to either party.
4. Use.
4.1 Use. Integrity shall use that portion of the Property subleased to Integrity
only for Integrity's Charter School program Mondays through Fridays at the hours set forth in
Section 4.5 below, with a maximum limit of one hundred (100) children, located on the Premises
at any one time, and for no other purpose.
4.2 Compliance With Law. Tenant shall comply with and observe all statutes,
ordinances, regulations, orders and decrees of federal, state and city governments, or any
departments, bureaus or agencies thereof, and all covenants and restrictions and requirements
regulating the use of the Premises, whether now in force or promulgated in the future. In addition,
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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Integrity shall comply with and observe all rules and regulations of the City and the Club whether
now in force or promulgated in the future. Any and all expense resulting from such compliance shall
be born by Tenant. Tenant shall not use nor permit the use of the Premises in any manner which will
tend to create waste or a nuisance or shall tend to disturb any other tenants in the building in which
the Premises.
4.3 Integrity acknowledges and agrees that the Club's primary purpose is to provide
after school and school break programs for the children of the community. If Integrity's schedule
deviates from that of the local schools, Integrity acknowledges and agrees that the Club's programs
will run as normal and that the space will be shared between the Club and Integrity for that time
period, with the Club's use of primary concern. The parties shall work together to review the
calendar and develop a plan for days where both programs will be running simultaneously, if any.
4.4 Integrity may utilize existing Club furniture and equipment and may also furnish
the Premises with additional items. However any furnishings provided by Integrity and their use
within the Premises shall be approved in writing in advance by the Club. Integrity shall furnish all
of its own materials and program supplies.
4.5 Hours of Use. Integrity shall have use of the following areas for the indicated
time periods:
Classroom Space 8:00 a.m. until 3:00 p.m.
8:00 a.m. until 1:00 p.m.
Computer Lab and
Gymnasium 8:00 a.m. until 2:00 p.m.
8:00 a.m. until noon
5. Maintenance, Repair and Alteration of Premises.
Mondays through Thursdays
Fridays
Mondays through Thursdays
Fridays
5.1 Landlord's Obligations For Repair and Maintenance. Landlord shall
repair and maintain in good condition the Premises as required in the Lease between the City and
the Club. To the fullest extent allowed by law, Tenant hereby expressly waives the benefits of any
statute now or hereafter in effect including, but not limited to, Civil Code Sections 1941 and 1942,
which would otherwise give Tenant the right to make repairs and deduct the cost thereof from rent
or the right to terminate this Sublease because of Landlord's failure to keep the Premises in good
order, condition and repair.
5.2 Tenant's Obligations For Repair and Maintenance. Tenant shall, at
Tenant's sole expense, keep in good order, condition and repair the Premises and all parts thereof
(whether or not the damaged portion of the Premises or the means of repairing the same are
reasonably or readily accessible to Tenant) including, without limitation, all glass, doors, frames,
Sublease -BOYS' AND GIRLS' CLUBS
AND IN IEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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plumbing, heating, air conditioning, ventilating and electrical, systems, lighting facilities, fixtures,
interior walls, interior surface of exterior walls, ceilings, glass and skylights, and all of Tenant's
personal property within the Premises. All operation and maintenance, repair and replacement shall
be make in compliance with all applicable laws and governmental regulations. If Tenant fails to
perform Tenant's obligations under this Paragraph 5.2, Landlord may, at Landlord's sole option,
enter the Premises and perform such obligations on Tenants behalf and put the Premises or any part
thereof in good repair. The cost therefor, together with interest thereon at the maximum rate then
allowed by law, shall be immediately due and payable as additional rent to Landlord.
Tenant shall not cause or permit any waste or injury to the Premises and shall keep the
Premises free from any and all objectionable noises, odors, rubbish and debris inconsistent with the
proper operation of Tenant's usual business thereon. Tenant shall further conform to all rules and
regulations now or hereafter established by Landlord for the general safety, care and cleanliness of
the Premises, and the comfort, quiet and convenience of other tenants of the building, if any.
Landlord shall not be responsible to Tenant for the nonobservance or violation of any such rules and
regulations by any other tenants or users.
5.3 Common Areas. Common areas ("Common Areas") means all areas and
facilities outside the Premises and within the exterior boundaries of the real property on which the
Premises is located and which are for the general use and convenience of Tenant and other tenants,
if any, of the building. Common Areas include, without limitation, sidewalks, entrance ways,
service areas, patios, landscaped areas, hallways, public restrooms, stairways, parking areas,
driveways, roadways, loading areas, elevators, and hallways. Landlord shall repair and maintain the
Common Areas in good condition. Landlord may establish and enforce reasonable rules and
regulations concerning the Common Areas. Further, Landlord may temporarily close any of the
Common Areas for maintenance or repair purposes. Landlord may select a person or organization
to maintain and operate any of the Common Areas. Landlord shall also have the right to make
changes to the Common Areas including, without limitation, changes in the location of driveways,
entrances, exits and parking spaces.
5.4 Alterations, Additions and Improvements. Tenant shall not make any
alterations, additions or improvements to the Premises without the prior written consent of Landlord.
If such consent is granted, any such alteration, addition or improvement shall be made in accordance
with all applicable federal, state and municipal laws, rules and regulations as well as all covenants
and restrictions. This paragraph shall specifically include carpeting, window coverings, air lines,
power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning,
plumbing, cabinets and fencing. If Landlord grants such consent, Landlord may require Tenant to
remove any and all such alterations, additions or improvements at the expiration of the Term and
restore the Premises to its condition as of this commencement of this Sublease. If Landlord does
not require such removal and restoration, all alterations, additions and improvements shall become
the property of Landlord and remain upon and be surrendered with the Premises at the expiration
of the Term.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARIER SCHOOL
NATIONAL CITY BRANCH
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Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have
been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured
by any mechanic's or materialmen's lien against the Premises or any interest therein. Landlord may
also require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion
bond in an amount equal to 1 1/2 times the estimated cost of such alterations, additions or
improvements to insure Landlord against any liability for mechanic's and materialmen's liens and
to insure completion of the work. The bond shall meet the requirements of Civil Code Section 3 143.
If Tenant shall, in good faith, contest the validity of any such claim, lien or demand, then Tenant
shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any
such adverse judgement that may be rendered thereon before the enforcement thereof against the
Landlord or the Premises, upon the condition that if Landlord shall require, Tenant shall furnish to
Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien, claim or
demand indemnifying Landlord against liability for the same and holding the Premises free from the
effect of such lien, claim or demand. In addition, Landlord may require Tenant to pay Landlord's
attorneys fees and costs of participating in such action.
Tenant shall give Landlord not less than fifteen (15) days written notice prior to the
commencement of any work in the Premises, and Landlord shall have the right to post notices of
nonresponsibility in the Premises. Any proposed alterations, additions or improvements shall be
presented to Landlord in written form with detailed plans. If Tenant makes any alteration, addition
or improvement without the prior written consent of Landlord, Landlord may require Tenant to
remove any or all of the same.
6. Insurance and Indemnity.
6.1 Liability Insurance. Tenant shall, at Tenant's sole expense, obtain and keep
in force during the Term of this Sublease a policy of public liability insurance including combined
single limit bodily injury and property damage insurance insuring Landlord, Tenant, and City against
any liability arising out of the ownership, use, occupancy and maintenance of the Premises and all
areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not
less than Three Million Dollars ($3,000,000.00) per occurrence. The policy shall insure
performance by Tenant of the indemnity provisions of paragraph 6.4. The limits of the insurance
shall not, however, limit the liability of Tenant hereunder. Certificates of Insurance showing
Landlord as an additional insured shall be provided to Landlord within ten (10) days of execution
of this Sublease and each time said policy is renewed. In addition, Landlord may in Landlord's sole
discretion, prohibit Tenant from taking possession of the Premises unless and until Tenant provides
a valid Certificate of Insurance as set forth in Section 6.1 above.
a. Tenant's Failure to Obtain Insurance. If Tenant fails to procure and
maintain any insurance required by paragraph 6.1, Landlord may, but shall not be required to,
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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procure and maintain such insurance. Tenant shall immediately reimburse Landlord for all costs
therefor together with interest thereon at the maximum rate then allowed by law.
b. Increase of Insurance. Tenant shall not operate, occupy, maintain,
or use the leased portions of the Property in such a manner as to result in cancellation of the Club's
insurance or that results in an increase of the Club's liability and/or property damage insurance. In
the event that the Club's insurance is increased solely by reason of Tenant's use, occupancy,
maintenance, or operation of the leased premises, then Tenant shall promptly reimburse the Club
for such increased cost upon demand by the Club.
The Tenant acknowledges that it shall have the sole responsibility for maintaining property
damage insurance on its fixtures and equipment and other personal property located at the Premises.
c. Insurance Policies. Insurance required hereunder shall be with
companies holding a general policy holders rating of at least A, or such other rating as may be
required by a lender having a lien or the Premises, as set forth in the most current issue of Best's
Insurance Guide. Tenant shall deliver to Landlord copies of the policies of insurance or certificates
evidencing the type and amount of the insurance for all insurance required to be maintained by
Tenant. No policy shall be cancelable or subject to reduction in coverage or other modification
except after thirty (30) days prior written notice to Landlord. Tenant shall, at least thirty (30) days
prior to the expiration of such policy, furnish Landlord with renewals or binders thereof, or Landlord
may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by
Tenant upon demand. Tenant shall not do or permit to be done anything which will invalidate any
insurance policies required in this Section 6. All policies of insurance shall name Landlord (and at
Landlord's option any additional parties designated by Landlord) and city as an additional insureds.
6.2 Indemnity. Tenant shall indemnify and hold Landlord harmless from and
against any and all claims arising from or relating to Tenant's use of the Premises, or from the
conduct of Tenant's business or from any activity, work or thing done, permitted or suffered by
Tenant in or about the Premises or elsewhere on the Property. Tenant shall further indemnify and
hold Landlord harmless from and against any and all claims arising from any breach or default in
the performance of any obligation of Tenant under this Sublease or arising from any negligence of
the Tenant or any of Tenant's agents, contractors or employees and from and against all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon. If any action or proceeding is brought against Landlord by reason of
any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by
counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby
assumes all risk of damage to property or injury to persons in, upon or about the Premises arising
from any cause and Tenant hereby waives all claims in respect thereof against Landlord.
6.3 Exemption of Landlord from Liability. Tenant hereby agrees that Landlord
shall not be liable for injury to Tenant's business or for any loss of income therefrom or for damage
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees,
customers or any other person in or about the Premises. Further, Landlord shall not be liable for any
injury to Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused
by or results from fire, steam, electricity, gas, water or rain or from breakage, leakage, obstruction
or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting
fixtures, or from any other cause, whether the damage or injury results from conditions arising upon
the Premises or upon other portions of the Building or from other sources or places and regardless
of whether the cause of damage or injury or the means of repairing the same is inaccessible to
Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other
tenant of the Building.
7. Damage or Destruction.
7.1 Partial or Total Damage or Destruction of Premises. In the event that the
Premises or any part of the Property used by Tenant is partially or totally damaged or destroyed,
from any cause whatsoever, except through fault of Tenant, whether or not such damage or
destruction is covered by the insurance required under paragraph 6, then Landlord may, at
Landlord's sole option, either: 1) restore the Premises or improvements on the Property to the
condition existing immediately prior to such damage or destruction and this Sublease shall remain
in full force and effect; or 2) terminate this Sublease immediately; provided, however, that if the cost
of restoration of the damage or destruction is Ten Thousand Dollars ($10,000.00) or less and
insurance proceeds are available for such restoration, Landlord shall repair the Premises to its
condition existing immediately prior to the damage or destruction. Any damage caused through
fault of the Tenant shall be repaired and restored to the condition existing immediately prior to such
damage or destruction at the sole cost and expense of the Tenant. Tenant agrees that preliminary
steps toward performing repairs, restoration or replacement shall be commenced within thirty (30)
days, and the required repairs, restoration, or replacement shall be completed within a reasonable
time thereafter in a manner acceptable to Landlord, in Landlords sole discretion.
7.2 Abatement of Rent. If the Premises are partially or totally damaged or
destroyed, and if Landlord restores the Premises under the provisions of paragraph 7.1, monthly rent
shall be abated proportionately with the degree to which Tenant's use of the Premises is impaired
commencing from the date of damage or destruction and continuing during the period of such
restoration until the restoration is completed so that Tenant may use the Premises for Tenant's usual
business.
7.3 Waiver. Tenant waives the provisions of any statutes which relate to
termination of Subleases or leases when the thing leased is destroyed and agrees that such event
shall be governed by the terms of this Sublease.
8. Utilities. Tenant shall not be responsible for payment of utilities including, but not
limited to, water, gas, heat, electricity, power, sewer, garbage disposal and other services supplied
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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to the Premises. The Club shall be responsible for payment of the telephone.
9. Licenses and Permits. It shall be the sole and full responsibility of Integrity, at its
cost, to obtain all permits and licenses as are necessary to the use, operate, occupy and maintain the
Premises for use by Integrity.
10. Default.
10.1 Tenant's Default. The occurrence of any of the following shall constitute
a default by Tenant:
10.1.1 Failure to pay rent or other sums when due.
10.1.2 Abandonment and vacation of the Premises (failure to occupy and
operate the Premises for ten (10) consecutive days, other than scheduled vacation days, shall be
deemed an abandonment and vacation).
10.1.3 Failure to perform any other provision ofthis Sublease (a nonmonetary
default) if the failure to perform is not cured within thirty (30) days after notice has been given to
Tenant. If the default cannot reasonably be cured within thirty (30) days, Tenant shall not be in
default of this Sublease if Tenant commences to cure the default within the thirty (30) day period
and diligently and in good faith continues to cure the default.
Notices given under this Section shall specify the alleged default and the applicable
Sublease provisions, and shall demand that Tenant perform the provisions of this Sublease or pay
the rent that is in arrears, as the case may be, within the applicable period of time, or quit the
Premises. No such notice shall be deemed a forfeiture or a termination of this Sublease unless
Landlord so elects in the notice. The purpose of the notice requirements set forth in this paragraph
is to extend the notice requirements of the unlawful detainer statutes of California.
10.1.4 Violation by Tenant of any provisions of any recorded documents
affecting the Premises.
10.1.5 No interest of Tenant in this Sublease shall be assignable by operation
of law. Each of the following acts shall be considered an involuntary assignment and a default
hereunder:
10.1.5.1 If Tenant is or becomes bankrupt or insolvent or is
unable to pay Tenant's debts as they become due, makes an assignment for the benefit of creditors,
or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant
is a partnership or consists of more than one person or entity, if any partner of the partnership or
other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit
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AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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Attachment 4
of creditors;
10.1.5.2 If a writ of attachment or execution is levied on this
Sublease;
10.1.5.3 If, any proceeding or action to which Tenant is a party,
a receiver is appointed with authority to take possession of the Premises.
An involuntary assignment shall constitute a default by Tenant and Landlord
shall have the right to elect to terminate this Sublease, in which case this Sublease shall not be
treated as an asset of Tenant.
11. Termination.
This Sublease may be terminated as follows:
11.1 In the event that during the term of this Sublease, governmental funding is either
eliminated or reduced to a point so as to render continued operation of the Integrity Charter School
impractical or impossible, Integrity may terminate this Sublease upon ninety (90) days' written
notice to the Club. In the event Integrity Charter School is terminated hereunder, Integrity shall,
upon the written consent of the parents or guardians of the children then enrolled in the program,
provide to the Club a record of all students then participating in the program, which record shall
include each student's name, the name of the student's parent(s) or guardian(s), address and
telephone number. The purpose for providing said records shall be to allow the Club, in its sole
discretion, to continue providing Club services to said students;
11.2 By Club, for Integrity's breach of any non -monetary term, covenant or condition
contained in this Sublease which is not cured within thirty (30) days immediately following written
notice from the Club of such alleged breach;
Sublease;
11.3 By the Club for the breach of any monetary term, covenant or condition of this
11.4 By mutual agreement of the Parties hereto; or
11.5 In the event that the Lease between the City of National City and the Club is
terminated, for any reason, before the end of the Term ofthis Sublease, this Sublease shall terminate.
11.6 By Integrity in the event the Conditional Use Permit is not obtained.
11.7 Exception to Termination. Notwithstanding the above provisions regarding
termination this Sublease shall not be terminated prior to June 30 in any year for which Integrity has
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AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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received funding for its charter school.
11.8 Surrender; Termination. Immediately upon termination of this Sublease,
Tenant shall surrender the Premises to Landlord in the same condition as received, ordinary wear
and tear excepted, clean and free of debris. Tenant shall repair any damage to the Premises
occasioned by the installation or removal of its trade fixtures, furnishings and equipment. Unless
Landlord requests the removal of said fixtures, all alterations, improvements and additions shall
become the property of Landlord and remain upon and be surrendered with the Premises at the
expiration of the Term.
12. Late Charges. Tenant hereby acknowledges that late payment by Tenant to
Landlord of rent and other sums due under this Sublease will cause Landlord to incur costs not
contemplated by this Sublease, the exact amount of which will be extremely difficult to ascertain.
Such costs include, but are not limited to, processing and accounting charges and late charges which
may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises.
Accordingly, if any installment of rent or any other sum due from Tenant is not received by
Landlord within ten (10) days after such amount is due then Tenant shall immediately pay to
Landlord a late charge equal to six percent (6%) of the overdue amount. The parties agree that such
late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of
late payment by Tenant. Acceptance of the late charge by Landlord shall in no event constitute a
waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from
exercising any of the other rights and remedies granted under this Sublease. If a late charge is
payable hereunder, whether or not collected, for three (3) installments of rent, then rent shall
automatically become due and payable quarterly in advance, rather than monthly, not withstanding
any other provision of this Sublease to the contrary.
13. Condemnation.
(1) Definitions. "Condemnation" means: (a) the exercise of any governmental
power, whether by legal proceedings or otherwise, by a condemnor; and (b) a voluntary sale or
transfer by Landlord to any condemnor, either under threat of condemnation or while legal
proceedings for condemnation are pending.
"Date of Taking" means the date the condemnor has the right to possession of the
property being condemned.
"Award" means all compensation, sums, or anything of value awarded, paid or
received on a total or partial condemnation.
"Condemnor" means any public or quasi -public authority, or private corporation or
individual, having the power of condemnation.
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AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
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If, during the Term or during the period of time between the Effective Date and the
Commencement Date, there is a taking of all or any part of the Premises, Building, other
improvements or real property of which the Premises are a part or of any interest in this Sublease
by condemnation, the rights and obligations of the parties shall be determined pursuant to this
Paragraph.
(2) Total Taking. If all of the square footage in the Premises is taken by
Condemnation, this Sublease shall terminate on the Date of Taking.
(3) Partial Taking. If a portion of the square footage but less than all of the
square footage of the Premises or of the Building or the real property of which the Premises are a
part, is taken by condemnation, Landlord, within sixty (60) days after the Date of Taking, may
terminate this Sublease as of a date specified in a written notice given to Tenant by Landlord within
that sixty (60) day period. If Landlord does not give notice of termination to Tenant within that
sixty (60) day period, then this Sublease shall continue in full force and effect; provided, however,
that if a portion of the square footage but less than all of the square footage in the Premises is taken,
monthly rent shall be reduced by an amount that is in the same ratio to monthly rent as the total
square footage in the Premises taken bears to the total square footage in the Premises immediately
before that Date of Taking.
(4) Waiver of California Code of Civil Procedure Section 1265.130. Tenant
waives the provisions of Code of Civil Procedure Section 1265.130 allowing a party to petition the
superior court to terminate this Sublease in the event of a partial taking of the Premises.
(5) Restoration of Prem ises. If there is a partial taking of the Premises and this
Sublease remains in full force and effect Tenant at its cost shall accomplish all necessary restoration
with no abatement of rent.
(6) Award. The entire award shall belong to and be paid to Landlord except that
Tenant shall receive from the award a sum attributable to Tenant's improvements or alterations made
to the Premises by Tenant in accordance with this Sublease which Tenant has the right to remove
from the Premises pursuant to the provisions of this Sublease but elects not to remove.
14. No Broker. Tenant represents that neither the Premises, nor any portion of the
Property, was presented to it or to any person representing it by any broker or finder and that no
broker or finder was involved in the leasing of the Premises. Tenant warrants that no claim for
commission for the leasing shall be presented to Landlord. Further, Tenant agrees to indemnify and
defend Landlord in the event of any such claims.
15. Assignment.
15.1 No Assignment. Tenant shall not assign or encumber its interest in this
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
12
Attachment 4
Sublease or in the Premises, or sublease all or any part of the Premises, or allow any other person
or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's prior
written consent, which consent may be withheld in Landlord's sole and absolute discretion. Any
assignment, encumbrance, or sublease without Landlord's prior written consent shall be voidable
and, at Landlord's election, shall constitute a material default of this Sublease. No consent to any
assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this
Section.
15.2 If Consent is Given. If Landlord consents to an assignment or encumbrance
of sublease, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's
obligations under this Sublease and shall immediately pay to Landlord all rent from any subletting
of all or any part of the Premises as permitted by this Sublease, and Landlord, as assignee and as
attorney -in -fact for Tenant, may collect such rent and apply it towards Tenant's obligations under
this Sublease. Al! rent received by Tenant from any subtenants in excess of the rent payable by
Tenant to Landlord under this Sublease shall be paid to Landlord, or any sums to be paid by an
assignee to Tenant in consideration of the assignment of this Sublease shall be paid to Landlord if
Landlord consents to a sublease or assignment. Tenant shall remain liable on the Sublease. If
Tenant requests Landlord to consent to a proposed assignment or subletting, Tenant shall pay to
Landlord, whether or not consent is ultimately given, Landlord's reasonable attorney's fees incurred
in connection with each such request.
15.3 Assignment by Operation of Law. No interest of Tenant in this Sublease
shall be assignable by operation of law. Each of the following acts shall be considered an
involuntary assignment:
15.3.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment
for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in which Tenant is
the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any
partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes
an assignment for the benefit of creditors;
15.3.2 If a writ of attachment or execution is levied on this Sublease;
15.3.3 If, in any proceeding or action to which Tenant is a party, a receiver
is appointed with authority to take possession of the Premises.
An involuntary assignment shall constitute a default by Tenant and Landlord shall
have the right to elect to terminate this Sublease, in which case this Sublease shall not be treated as
an asset of Tenant.
16. Estoppel Certificate. Tenant shall at any time and from time to time, upon not less
than ten (10) days prior written notice from Landlord, execute, acknowledge, and deliver to
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
13
Attachment 4
Landlord a statement in writing certifying certain facts including, without limitation, that this
Sublease is unmodified and in full force and effect (or, if modified, stating the nature of such
modification and certifying that this Sublease, as so modified, is in full force and effect) and the
dates to which the rental, the security deposit, and other charges, if any, are paid in advance, and
acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of
Landlord hereunder, and no events or conditions then in existence which, with the passage of time
or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such
defaults, events, or conditions, if any are claimed. It is expressly understood and agreed that any
prospective purchaser or encumbrancer of all or any portion of the Premises or the Building or of
the real property of which they are a part shall be entitled to rely upon any such statement. Tenant's
failure to deliver such statement within such time shall, at the option of Landlord, constitute a breach
or default under this Sublease. If such option is not so exercised by Landlord, Tenant's failure shall
be conclusive upon Tenant that (i) this Sublease is in full force and effect without modification
except as may be represented by Landlord; (ii) that there are no uncured defaults in Landlord's
performance; and (iii) that not more than one (1) months' rental has been paid in advance. If Tenant
fails to deliver the certificate within ten (10) days, Tenant irrevocably constitutes and appoints
Landlord as its special attorney -in -fact to execute and deliver the certificate to a third party.
17. Subordination. Tenant agrees upon request of Landlord to subordinate this Sublease
and its rights hereunder to the lien of any mortgage, deed of trust or other encumbrance, together
with any conditions, renewals, extensions, or replacements thereof, now or hereafter placed, charged
or enforced against the Landlord's interest in this Sublease and the leasehold estate thereby created,
the Premises, the Building or improvements included therein or the real property of which the
Premises are a part, and deliver at any time and from time to time upon demand by Landlord any
documents required to effectuate such subordination. In the event that Tenant fails, neglects or
refuses to execute and deliver any such document within ten (10) days after receipt of written notice
to do so and the receipt by Tenant of the document to be executed by it, Tenant hereby appoints
Landlord, its successors and assigns, the special attorney -in -fact of Tenant irrevocably to execute
and deliver any and all such documents for and on behalf of Tenant; provided, however, that Tenant
shall not be required to effectuate such subordination, nor shall Landlord be authorized to effect such
subordination on behalf of Tenant, unless the mortgagee or beneficiary named in such mortgage,
deed of trust or other encumbrance shall first agree in writing, for the benefit of Tenant, that so long
as Tenant is not in default under any of the provisions, covenants or conditions of this Sublease on
the part of Tenant to be kept and performed, that Tenant's quiet enjoyment of the Premises will not
be disturbed or interfered with by any trustee's sale or by any action or proceeding to foreclose said
mortgage, deed of trust or other encumbrance.
In the event that the mortgagee or beneficiary of any such mortgage or deed of trust elects
to have this Sublease a prior lien to its mortgage or deed of trust, then and in such event upon such
mortgagee or beneficiary giving written notice to Tenant to that effect, this Sublease shall be deemed
a prior lien to such mortgage or deed of trust whether this Sublease is dated or recorded prior to or
subsequent to the date of recordation of such mortgage or deed of trust.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
14
Attachment 4
18. Intentionally left blank.
19. Interest on Past Due Obligations. Except as expressly herein provided, any amount
due to Landlord not paid when due shall bear interest at the maximum rate then allowable by law
from the date due until paid.
20. Notices, Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other or any other person shall be in writing and
either served personally or sent by prepaid certified mail, first class, and shall be addressed to the
other party at the address set forth under its name on the signature page of this Sublease. Either
party may change its address by notifying the other party of the change of address in accordance
with this Paragraph. Notice shall be deemed effective upon receipt if personally delivered or
seventy-two (72) hours from the date of mailing if mailed as provided in this Paragraph.
21, Signs. Tenant shall not place any sign upon the Premises, the building or any
improvements or the real property of which the Premises are a part without Landlord's prior written
consent.
22. Recording/Quitclaim Deed. This Sublease shall not be recorded without Landlord's
prior written consent. Tenant shall execute and deliver to Landlord on the expiration or termination
of this Sublease, immediately on Landlord's request, a quitclaim deed to the Premises, in recordable
form, designating Landlord and City as transferee.
23. Holding Over. If Tenant, with Landlord's consent, remains in possession of the
Premises or any part thereof after expiration of the Term of this Sublease, such occupancy shall be
a tenancy from month to month upon all of the other provisions of this Sublease pertaining to the
obligations of Tenant but all options and rights of first refusal, if any, granted under the terms of this
Sublease shall be deemed terminated and be of no further effect during said month to month tenancy.
24. Landlord's Right of Entry. Landlord and Landlord's agents shall have the right to
enter the Premises at reasonable times for the purpose of inspecting the same, showing the Premises
to prospective purchasers, lenders or tenants and making such alterations, repairs, improvements,
or additions to the Premises or the Building as Landlord may deem necessary or desirable. Landlord
may at any time place on or about the Premises any ordinary "for sale" signs and Landlord may at
any time during the last one hundred and eighty (180) days of the Term of the Sublease place on or
about the Premises "For Lease" signs.
25. Attorney's Fees. If either party brings an action to enforce the terms of this Sublease
or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled
to his reasonable attorney's fees to be paid by the losing party as fixed by the court.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
15
Attachment 4
26. Rules and Regulations. Tenant agrees that it will abide by, keep and observe all
reasonable rules and regulations which Landlord may make from time to time for the management,
safety, care and cleanliness of the Premises, the Building and the surrounding areas as well as for
the convenience of other occupants and tenants of the Building. The violation of any such rules and
regulations shall be deemed a material breach of this Sublease by Tenant.
27. Security Measures. 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 the same. Tenant assumes all responsibility for the
protection of Tenant, it's agents and invitees from acts of third parties.
28. Easements. Landlord reserves the right from time to time to grant such easements,
rights and dedications that Landlord may deem necessary or desirable and to cause the recordation
of parcel maps and restrictions so long as such easements, rights, dedications, maps and restrictions
do not unreasonably interfere with the use of the Premises by Tenant. Tenant shall sign any of the
aforementioned documents immediately upon request of Landlord and failure to do so shall
constitute a material breach of this Sublease.
29. Land lord's Right to Effect Performance. If Tenant at any time fails to perform any
covenant, term or condition of this Sublease, Landlord may immediately, or at any time thereafter
without notice, perform the same for the account of Tenant, and any monies paid by Landlord on
account thereof shall be deemed to be additional rent due under this Sublease, shall be immediately
due and payable to Landlord and shall bear interest at the maximum rate allowable by law until paid
by Tenant to Landlord.
30. Commencement of Action.
30.1 Any claim, demand, right or defense of any kind by Tenant, which is based
upon or arises in any connection with this Sublease or the negotiations prior to its execution, shall
be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense
by reason thereof, within six (6) months after the date of the inaction or omission or the date of the
occurrence of the event or of the action to which the claim, demand, right or defense relates,
whichever applies.
30.2 Mediation, Arbitration and Attorney's Fees.
30.2.1 Mediation of Disputes. Except as otherwise provided herein, the parties
agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting
transaction, before resorting to arbitration. Mediation fees, if any, shall be divided equally among
the parties involved. If, for any dispute or claim to which this paragraph applies, any party
commences arbitration without first attempting to resolve the matter through mediation, or refuses
to mediate after a request has been made, then that party shall not be entitled to recover attorney's
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
16
Attachment 4
fees, even if they would otherwise be available to that party in any such arbitration.
30.2.2 Arbitration of Disputes. Except as otherwise provided herein, any action
to enforce or interpret this instrument or to resolve disputes between the parties regarding this
instrument, shall be settled by binding arbitration in accordance with the rules of the American
Arbitration Association. Any party may commence arbitration by sending a written demand for
arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved
by arbitration. Arbitration shall be conducted at San Diego, California. The substantive law of the
State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall
share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement
of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the
arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any
such decision in accordance with applicable law in any court having jurisdiction thereof.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF
DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE
SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND
APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY. -
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF
DISPUTES' PROVISION TO NEUTRAL ARBITRATION.
INITIALS:
30.2.3 In the event of a dispute arising out of this Agreement, or the performance thereof
it, the prevailing party shall recover all of his legal fees and expenses, whether or not the dispute is
submitted to arbitration.
31. Miscellaneous.
31.1 Time of Essence. Time is of the essence to this Sublease.
31.2 Additional Rent. Any monetary obligation of Tenant to Landlord under the
terms of this Sublease shall be deemed to be rent.
31.3 Amendments. This Sublease contains all agreements of the parties with
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
17
Attachment 4
respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such
matter shall be effective. This Sublease may be modified only in a writing signed by all parties
hereto.
31.4 Severability. The invalidity of any provision of this Sublease as determined
by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof
and it shall remain in full force and effect.
31.5 Waiver. No delay or omission in the exercise of any right or remedy of
Landlord on any default by Tenant shall impair such right or remedy or be construed as a waiver.
No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the
Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the
expiration of the Term. Only a written notice from Landlord to Tenant shall constitute an
acceptance of the surrender of the Premises and accomplish a termination of the Sublease.
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 and shall not
be a waiver of any other default concerning the same or any other provision of this Sublease.
31.6 Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
31.7 Covenants and Conditions. Each provision of this Sublease to be performed
by Tenant shall be deemed both a covenant and a condition.
31.8 Governing Law. This Sublease shall be governed by the laws of the State
of California.
31.9 Heirs, Successors and Assigns. Subject to the provisions restricting
assignment or subletting by Tenant, or other provisions of this Sublease, this Sublease shall be
binding on the parties, their respective heirs, personal representatives, successors and assigns.
31.10 Authority. Each individual executing this Sublease on behalf of such entity
represents and warrants that he or she is duly authorized to execute and deliver this Sublease on
behalf of that entity. If Landlord requests, Tenant shall provide Landlord with evidence of such
authority satisfactory to Landlord.
31.11 Written Notice or Consent of Parties. Whenever a notice, consent or
approval of either party is required, the notice, consent or approval shall be in writing.
31.12 Captions. The captions of this Sublease shall have no effect on its
interpretation.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
18
Attachment 4
31.13 Construction. As used in this Sublease, the masculine, feminine or neuter
gender and the singular or plural numbers shall each be deemed to include the other whenever the
context so indicates. This Sublease shall be construed in accordance with its fair meaning, the
captions being for the convenience of the parties only and not intended to describe or define the
provisions in the portions of the Sublease to which they pertain. The terms of this Sublease have
been freely negotiated by the parties and this Sublease shall not be construed against the drafter.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
19
Attachment 4
31.14 Joint and Several Obligations. If more than one (1) person is Tenant, the
obligations imposed on Tenant are joint and several.
LANDLORD:
By:
Addre s:/
P.O. Box 178569
San Deigo, CA 92177
'ND GIRLS CLUB
TENANT: INTEGRITY CHARTER SCHOOL
By:
Address:
7i) /17(2176/Yia_ t— A-4
„ 0_17
WBSBS \Client Files 1, LBB \real estate \Boyrand GirlsClulAntegrity Charter School -National City -Payne Brancg \Sublease -Integrity -revised 5-5-14.wpd
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
20
Attachment 4
EXHIBIT "A"
Legal Description of the Property
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
21
Attachment 4
EXHIBIT "B"
(Copy of the Club's Lease with the City of Poway)
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
22
Attachment 4
EXHIBIT "C"
Legal Description of the Premises
Club hereby leases to Integrity that portion of the Club's Facility as follows:
Both Integrity and Club using best efforts to cooperate with the other regarding said shared use. Integrity
shall have no right of possession of the remaining portions of the real property or improvements located
thereon.
Sublease -BOYS' AND GIRLS' CLUBS
AND INTEGRITY CHARTER SCHOOL
NATIONAL CITY BRANCH
23
Attachment 4
EXHIBIT "A'
That portion of Blocks 3 and 4 per Map No, 552, Records of San Diego County, California,
November 4, 1914, together with closed and vacated to public use portions of 14` Street,
15`h Street and C Avenue, described as follows:
COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly
prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the
POINT OF BEGINNING;
1. Thence leaving said line, South 71 ° 56' 15" West, 249.51 feet;
2. Thence South 28° 47' 57" West, 16.17 feet;
3, Thence North 79° 32' 30' West, 9.76 feet;
4, Thence North 88° 10' 29" West, 10.10 feet;
5. Thence South 81 ° 39' 55" West, 10.18 feet;
6. Thence South 68° 32' 00" West, 48.87 feet;
7. Thence North 71 ° 20' 52" West, 29.69 feet;
8, Thence North 67° 43' 17" West, 19.80 feet;
9. Thence North 61 ° 15' 54" West, 39.52 feet;
10. Thence North 30° 13' 16" West, 15,13 feet;
11. Thence North 23° 22' 20" East, 37.88 feet;
12. Thence North 37° 26' 19" East, 69.13 feet;
13. Thence North 43° 43' 42" East, 79.18 feet;
14. Thence North 51 ° 18' 19" East, 19.29 feet;
15. Thence North 60° 34' 10" East, 128.19 feet;
16. Thence North 16° 40' 03" West, 41.65 feet;
17. Thence North 34° 52' 24" East, 27.92 feet;
18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly
line of said Block 4;
19, Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF
BEGINNING.
Said land contains 75, 760 S.F., more or less.
This legal description has been prepared by me, or under my direction, in conformance
with the Professional l,.and Surveyors Act.
Signature:
c7
John R. Berggren, L.S. 6000
Lic nse Expires 12/3 1 /2010
Date: January 4, 2009
Attachment 4
BLOCK 3
L10
LINE TABLE
1 LINE BEARING
DISTANCE
LINE
BEARING
DISTANCE
L1I S71'56'15'W
249,51'
L11
523'22'20'W
37.88'
1 S2 8'47'57" W
16.17'
L12
N37'26'19"E
69.13'
L3 i 579`32'30"E
9.76'
L13
N43'43'42'E
79.18'
L4 588'10'29°E
10.10'
L14
N51'18'19'1
19.28'
L5 j N81 39'55"E
10.18'
L15
S60'34'10'W
128.119'
L6 i N58'32'001
48.87'
L16
S16'40'03"E
41,65'
L7 ' 971'20'52"E
29.69'
L17
534'52'24"W
27.92'
L8 1 N67'43'17'W
19.80'
118
571'34'26'W
89.80'
L9 I N61'115'54"'W
39.52
L19
517'4704E
266.11'
L10 j S30'13'16"E
15.13'
BLOCK 4
POINT OF
MAP 552 COMMENCEMENT
/ 0 ' CURRENT SOUTHEAST
c, X n y `. LEASE CORNER OF
�% ( \ 7 `. AREA BLOCK 4
\� 51
� ',
18Z7 L6�I5 .3
kG��D NEW LEASE AREA = 75,670 SF
4.24'
POINT OF
BEGINNING
IN ASSOCIATION WITH.
TETRA H
SCALE 1"= 100'
& ASSOCIA i 3
LAND SURVEYING AND RIGHT OF WAY MAPPING
6046 CORNERSTONE COURT WEST ;r116
SAN DIEGO, CALIFORNIA 02121
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