HomeMy WebLinkAboutSublease Episcopal Community ServicesAttachment 3
SUBLEASE
This. Sublease ("Sublease") is dated May 1, 2014 and is effective as of the latter of the
signature dates below ("Effective Date") between the BOYS & GIRLS CLUBS OF GREATER
SAN DIEGO, a California nonprofit corporation (the "Club" or "Landlord") and EPISCOPAL
COMMUNITY SERVICES, a California nonprofit corporation ("EC Services" or "Subtenant")
(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"), which property is
improved with a `Building". 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 and the Club dated August 16, 2011, Club is
granted the right to sublet a portion of the Property, including the Building on the Property, 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, if written
consent is required by the City, as set forth below.
C. EC Services desires to sublease a portion of the Property (the "Premises" as defined
below) for the purpose of operating a Head Start Program but may not begin operating the Head
Start Program until (i) certain improvements have been made to outfit the Premises for the Head
Start Program, including the installation of a partition between the classrooms in the Premises
and a door to provide access between the kitchen and the classrooms, as depicted on the Floor
Plan attached hereto as Exhibit "C" ("Front -End Improvements") and (ii) all permits and licenses
required to lawfully use the Premises for the head Start Program ("Program Approvals") have
been obtained and are in force or waived by EC Services.
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AND EC SERVICES
NATIONAL CITY BRANCH
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D. The parties intend that EC Services have access to the Premises after the Effective
Date of this Sublease to begin obtaining Program Approvals and readying the Premises for
operation of the Head Start Program, but that Rent will not be payable or begin to accrue until
the Commencement Date.
E. The Club desires to sublease a portion of the Property to EC Services 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.
1.1 Sublease Contingent Upon and Subject to Approval by City. 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 EC Services
and EC Services subleases from the Club, upon all of the terms and conditions set forth in this
Sublease, exclusive use of the Youth Center, Youth Office, storage and restrooms as listed
and/or depicted on the Floor Plan attached hereto as Exhibit "C" and incorporated herein by
reference (the "Premises") as well as non-exclusive use of the common areas as described below.
EC Services 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, as amended from time to time, between the City and the Club. In the
event of conflict between the provisions of this Sublease and those of the Lease, as amended
between the City and Club, the Lease, as amended between the City and the Club shall control.
1.2 Sublease Contingent Upon and Subject to EC Service's Ability to Obtain
Required Licenses and Approvals. The effectiveness of this Sublease is contingent upon the
ability of EC Services to obtain the required license and environmental approvals, clearances and
certifications at the sole cost and expense of EC Services. In the event EC Services does not,
after good faith attempts, obtain all required licences, environmental approvals, clearances and
certifications, any rent payments made shall be reimbursed to EC Services and no further
payments shall be required. Except, any modifications or alterations made to the Premises in
anticipation of occupation by EC Services shall returned to the condition prior to the
modification or alteration, at the sole and absolute discretion of the Club.
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AND EC SERVICES
NATIONAL CITY BRANCH
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1.2 Acceptance of Premises.
1.2.1 By signing this Sublease, EC Services represents and warrants that
is has independently inspected the Premises and made or will make all tests, investigations, and
observations necessary to satisfy itself of the condition of the real property. EC Services agrees
it is relying solely on such independent inspection, tests, investigations, and observations in
making this Sublease. EC Services further acknowledges that the Premises is in the condition
called for by this Sublease and EC Services does not hold Club responsible for any defects in the
real property. EC Services 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 or the
building for the conduct of EC Services' business.
1.2.2 California Civil Code Section 1983 Disclosure. EC Services
further acknowledges that the Property has not been inspected by a Certified Access Specialist
(CASp) and it has not been determined or reported whether the Property is in compliance with
California Civil Code Section 55.53 to meet all applicable construction related access standards.
The Property has not been reviewed for any ecologically sensitive areas including but not
limited to wetlands, flood plains, aquifers or conservation areas.
2. Term; Commencement Date.
2.1 The term ("Term") of this Sublease is for a period of fifty-nine (59) months and shall
commence on the commencement Date defined in Paragraph 2.2 below and shall expire on June
30, 2019 unless sooner terminated under the terns of this Sublease.
2.2 Commencement Date. The Commencement Date of this Sublease shall be the
earlier of completion of the Front -End Improvements and Program Approvals or the date the
Premises is delivered to EC Services, but in no event later than August 11, 2014.
2.3 Option to Extend Term. As long as EC Services is not in default of any material
term or condition of this Sublease, upon written approval of both parties, EC is granted the
option to extend the Term of this Sublease for an additional term of five (5) years ("Extended
Term"), on the same terms and conditions as provided in this Sublease. EC Services shall
exercise its option to extend, if at all, by delivering written notice to Club of such election
("Notice of Election") no later than December 31, 2018. The Extended Term shall become
effective upon the written approval by the Club. In addition, the Extended Term shall be subject
to renewal of the charter petition, which is controlled by the San Diego Unified School District.
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AND EC SERVICES
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3. Rent. Rent and Additional Costs paid to the Club by EC Services shall be referred to as
Monthly Consideration.
3.1 Base Rent. EC Services shall pay to Club a Base Rent as minimum monthly
rent, without deduction, setoff, prior notice, or demand the sum of $3,534.30 per month ("Base
Rent"). 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 shall be prorated on the basis of a thirty (30) day month. Rent shall be
paid in lawful money of the United States to Club at the address set forth on the signature page
of this Sublease or to such other person or at such other place as Club may designate in writing.
3.2 Rent Increase. The Base Rent shall be increased annually on the anniversary
of the Commencement Date according to the All Urban Consumer Price Index for San Diego
County, published by the United States Department of Labor, Bureau of Labor Statistics
("Index"), which is published for the date nearest the date of the anniversary of the
Commencement Date of this Sublease as compared to the date immediately preceding the month
in which the term of this Sublease commenced ("Beginning Index"). The Rent shall in no event
ever decease below the prior year's Base Rent.
3.3 Additional Costs. In addition to the Base Rent, EC Services shall pay to the
Club the following additional costs:
3.3.1 Utilities. EC Services shall pay to the Club 15% of the costs of
the utilities, including water, gas and electrical for the Property.
3.3.2 Other Upkeep. EC Services shall pay to the club 18% of the cost
of security, exterminator expenses and landscaping costs for the Property.
3.3.3 Payment of Additional Costs. Unless otherwise agreed in
writing, EC Services shall pay all Additional Costs then due with the next monthly Rent
installment. Additional Costs shall be estimated from the prior year's average monthly costs
based on the Club's fiscal year which runs from July 1 through June 30 of each year ("Fiscal
Year"). The difference between the estimated actual cost of utilities and the estimated paid per
month will be reconciled by the Club quarterly and paid by or credited to EC Services on a
quarterly basis, within thirty (30) days of the date of said bill. EC Services acknowledges and
agrees that the Additional Costs after the Commencement Date may increase from the prior
year's costs as the Premises where the Head Start Program will be operated may not have been
used to the extent anticipated by this Sublease.
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3.3.4 EC Services shall be responsible for reimbursing the Club for the
first $5,000 charged to the Club for architectural costs associated with redesigning plumbing for
and the construction/replacement cost of the adult toilets with child toilets.
4. Use and Obligations of Parties.
4.1 Use. EC Services shall use those portion of the Club's Property subleased
to EC Services herein solely for EC Services' Head Start Program, with a maximum limit of
forty-five (45) pre-school children, Located on the subleased Premises at any one time, and for no
other purpose.
4.2 Compliance With Law; Rules and Regulations.
4.2.1 Compliance with Law. EC Services 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. Any and all expense resulting from such compliance shall be born by EC Services. EC
Services 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 Subtenants in the building in which the
Premises is located (the "Building").
4.2.2 Rules and Regulations. EC Services agrees that it will abide by,
keep and observe all reasonable rules and regulations which the Club 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 Subtenants of the
Building, if any. The violation of any such rules and regulations shall be deemed a material
breach of this Agreement by EC Services.
4.3 Obligations of EC Services.
4.3.1 EC Services shall obtain all required regulatory certificates
necessary for the operation of the Head Start Program on the Premises.
4.3.1.1 In addition to any other requirements hereunder, EC
Services shall provide the Club with copies of all licenses, regulatory permits and the required
documentation needed to maintain currency, including but not limited to proof of insurance and
other documents reasonably required by the Club and/or by the City.
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4.3.1.2 EC Services shall comply with the regulations, policies,
guidelines and requirements, including OMB Circulars No. A-95, A-110 and FMC 74-4, as they
relate to the application, acceptance and use of federal funds for federally assisted projects.
4.3.1.3 EC Services shall comply with E.O. 11246, "Equal
Employment Opportunity", as amended by E.O. 11375, "Amending Executive Order 11246 to
Equal Employment Opportunity", and as supplemented by regulations at 41 CFR Part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor".
4.3.1.4 Any contractor and subcontractor hired by EC Services
shall fully comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair
Employment Practices Act, and any other Federal and State laws and regulations hereinafter
enacted.
4.3.1.5 EC Services shall comply with the Copeland "Anti -
Kickback" Act (18 U.S.C. 874), as supplemented by the Department of Labor Regulations (29
CFR Part 3, "Contractors and subcontractors on public building or public work financed in
whole or in part by loans or grants from the United States").
4.3.1.6 EC Services shall comply with the provisions of the Hatch
Act, which limits the political activity of employees.
4.3.2 EC Services shall provide all staff, equipment and supplies,
including educational curriculum, required to meet the specified requirements of the Head Start
Program.
4.3.3 EC Services shall, at EC Services' sole expense, provide janitorial
services to and keep in good order and condition the Premises and all parts thereof. EC Services
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 the Head Start Program.
4.3.4 EC Services shall provide meals and/or snacks for Head Start
children in accordance with the Child and Adult Care Food Programs (CACFP).
4.3.5 EC Services shall provide the program resources necessary to
maintain compliance of the Premises with Community Care Licensing (Title XXII of the Health
and Safety Code) and Head Start Performance Standards.
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AND EC SERVICES
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4.3.6 EC Services shall provide Head Start enrollment preference to the
children or family of Club Members to the maximum extent allowed by the terms of its grants.
4.3.7 As a material condition of this Agreement, EC Services shall be
subject to and abide by any requirements and provisions contained in the City Lease dated
August 16, 2011. In addition, EC Services acknowledges that this Agreement is subject to the
City's approval of the hours of operation of EC Services.
4.3.8 Taxes.
4.3.8.1 Taxes. Subtenant recognizes and understands that this
Sublease may create a possessory interest subject to property taxation, and that Subtenant may
be subject to the payment of real property taxes levied on such interest. EC Services further
agrees to pay any and all property taxes assessed during the term of this Sublease, pursuant to
Section 107 and 107.1 of the Revenue and Taxation Code, against Subtenant's possessory
interest in the Premises. Provided, however, Subtenant shall have no obligation to pay taxes,
whether real property or possessory interest, properly assessed to the owner of the Property, the
Club or the Club's interest under the Lease.
4.3.8.2 Taxes. EC Services shall pay before delinquency all taxes,
assessments, license fees, and other charges ("Taxes") that are levied and assessed against EC
Services' personal property installed or located in or on the Premises, if any, and that become
payable during the Term. EC Services shall furnish the Club with satisfactory evidence of these
payments, if any. If any Taxes on EC Services' personal property are levied against the Club or
the Club's property, or if the assessed value of the Premises or Building is increased by the
inclusion of a value placed on EC Services' personal property, and if the Club pays the Taxes on
any of these items or the Taxes based on the increased assessment of these items, EC Services,
on demand, shall immediately reimburse the Club for the sum of the •Taxes levied against the
Club and attributable to EC Services' personal property. The Club shall have the right to pay
these Taxes regardless of the validity of the levy.
4.4 Responsibilities of the Parties Collectively.
4.4.1 The Parties shall work together toward the mutual goal of increasing
the growth and development of pre-school age youth.
4.4.2 The Parties shall be responsible to ensure that prior to their
individual performance of this Agreement, the Parties' employees, contractors and/or agents
assigned to work at the Property are fingerprinted at a California State recognized facility for
fingerprint clearance, as required by Title 22, community Care Licensing, State of California.
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The Parties agree not to place at the Property any of its employees, contractors or agents who
have a conviction of a serious or violent felony, or sex offense, or controlled substance offense
as defined by Title 22, Community Care Licensing, State of California. Upon request by either
Party to the other, evidence of its compliance with this Section shall be provided in a
commercially reasonable time frame.
4.4.3 Cooperate with the each other to ensure effective communication,
optimum utilization of resources and the achievement of program goals and objectives.
4.4.4 Each Party shall establish safeguards to prohibit employees from
using their positions for a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom they have family,
business or other ties.
4.4.5 The Parties acknowledge and agree that they shall not publish or use
each other's name in any advertising, sales, promotional or other publicity materials without the
prior written consent of the other party.
5. Maintenance, Repair and Alteration of Premises. No material alterations, improvements,
installations or modifications may be made to the Premises without the prior written consent of
the Club and if required, by the City.
5.1 Club's Obligations For Repair and Maintenance. Club shall repair and
maintain in good condition those portions of the Premises as required by the Lease with the City
of National City. To the fullest extent allowed by law, EC Services 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 EC Services the right to make repairs and
deduct the cost thereof from rent or the right to terminate this Sublease because of Club's failure
to keep the Premises in good order, condition and repair.
5.2 EC Services's Obligations For Repair and Maintenance. Subject to
Club's obligations in Section 5.1 above and to the City's obligations under the Lease and
ordinary wear and tear, damage due to casualty and condemnation as set forth below, at all times
during the Term, EC Services' at 1C Services' sole expense, keep in good order, condition and
repair the Premises. All operation, maintenance, repair and replacement shall be made in
compliance with all applicable laws and governmental regulations. If EC Services fails to
perform EC Services' obligations under this Section 5.2 the Club may, at Club's sole option,
enter the Premises and perform such obligations on EC Services' 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 by EC Services to the Club.
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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 Building and Premises are located and which are for the general use and convenience of EC
Services and other Subtenants 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. Club
shall repair and maintain the Common Areas in good condition. Club may establish and enforce
reasonable rules and regulations concerning the Common Areas. Further, Club may temporarily
close any of the Common Areas for maintenance or repair purposes. Club may select a person or
organization to maintain and operate any of the Common Areas. Club 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.
5.5 Alterations, Additions and Improvements. EC Services shall not make
any alterations, additions or improvements to the Premises or the Building without the prior
written consent of Club and the City, if required under the Lease. 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
Section shall specifically include carpeting, window coverings, air lines, power panels, electrical
distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, cabinets and
fencing. If Club grants such consent, Club may require EC Services to remove any and all such
alterations, additions or improvements at the expiration of the Term and restore the Premises
and/or the Building to its condition as of this commencement of this Sublease. If Club does not
require such removal and restoration, all alterations, additions and improvements shall become
the property of Club and remain upon and be surrendered with the Premises at the expiration of
the Term.
EC Services shall pay, when due, all claims for labor or materials furnished or alleged to
have been furnished to or for EC Services at or for use in the Premises or the Building, which
claims are or may be secured by any mechanic's or materialmen's lien against the Premises,
Building or any interest therein. Club may also require EC Services to provide Club, at EC
Services' 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 Club 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 3143. If EC Services shall, in good faith, contest
the validity of any such claim, lien or demand, then EC Services shall, at its sole expense, defend
itself and Club against the same and shall pay and satisfy any such adverse judgement that may
be -rendered thereon before the enforcement thereof against the Club or the Premises, upon the
condition that if Club shall require, EC Services shall furnish to Club a surety bond satisfactory
to Club in an amount equal to such contested lien, claim or demand indemnifying Club against
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liability for the same and holding the Premises free from the effect of such lien, claim or
demand. In addition, Club may require EC Services to pay Club's attorneys fees and costs of
participating in such action.
EC Services shall give Club not less than ninety (9.0) days written notice prior to the
commencement of any work in the Premises, and Club shall have the right to post notices of
nonresponsibility in the Premises. Any proposed alterations, additions or improvements shall be
presented to Club in written form with detailed plans. If EC Services makes any alteration,
addition or improvement without the prior written consent of Club and the City, the Club may
require EC Services to remove any or all of the same.
6. Insurance and Indemnity,
6.1 Insurance.
6.1.1 EC Services' Liability Insurance. EC Services shall, at EC
Services' 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 the Club, the City and EC Services against any liability arising out of theme.
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 Two
Million Dollars ($2,000,000.00) per occurrence. The policy shall insure performance by EC
Services of the indemnity provisions of Section 6.2.Insurance required hereunder shall be with
companies holding a general policy holders rating of at least A plus, or such other rating as may
be required by the Club and the City. No policy shall be cancelable or subject to reduction in
coverage or other modification except after thirty (30) days prior written notice to Club. EC
Services 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 Club and City (and at Club's
option any additional parties designated by Club) as an additional insured. The limits of the
insurance shall not, however, limit the liability of EC Services hereunder. Certificate of
Insurance and such policy showing Club and the City as an additional insured shall be provided
to Club and the City within ten (10) days of execution of this Sublease and each time said policy
is renewed.
6.1.2 EC Services' Failure to Obtain Insurance. If EC Services fails
to procure and maintain any insurance required by Section 6.1.1, CIub may, but shall not be
required to, procure and maintain such insurance. EC Services shall immediately reimburse
Club for all costs therefor together with interest thereon at the maximum rate then allowed by
law.
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6.1.3 Increase of Insurance. EC Services 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 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 EC Services'
use, occupancy, maintenance, or operation of the leased premises, then EC Services shall
promptly reimburse the Club for such increased cost upon demand by the Club.
EC Services 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.
6.1.4 Club's surance. Club at its sole cost and expense shall procure
and maintain during the Term, commercial General Liability Insurance in an amount not less
than $2,000,000 per occurrence. Coverage shall include but shall not be limited to coverage for
bodily injury, loss of life or property damage occurring in or about the Building, the Common
Area or the Premises. The policy shall name EC Services as an additional insured and shall
cover Club's indemnity obligations under Section 6.2.2 below. The Club shall deliver a copy of
such policy with in ten (10) days of execution of this Sublease and each time said policy is
renewed.
6.2 Indemnity.
6.2.1 EC Sevices' Indemnity.EC Services shall indemnify and hold the
Club and the City harmless from and against any and all claims arising from EC Services' use of
the Premises, or from the conduct of EC Services' business or from any activity, work or thing
done, permitted or suffered by EC Services in or about the Premises and the Property. EC
Services shall further indemnify and hold Club and the City harmless from andagainst any and
all claims arising from any breach or default in the performance of any obligation of EC Services
under this Sublease or arising from any negligence of the EC Services or any of EC Services'
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 Club by reason of any such claim, EC Services,
upon notice from Club, shall defend the same at EC Services' expense by counsel satisfactory to
Club. EC Services, as a material part of the co sideration to Club, hereby assumes all risk of
damage to property or injury to persons in, upon or about the Premises arising from any cause
and EC Services hereby waives all claims in respect thereof against Club. The indemnification
provisions contained herein shall survive the termination of this Sublease with respect to any
claim or liability occurring prior to such termination.
6.2.2 Club's Indemnity. Club hereby indemnifies and agrees to hold EC
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Services harmless from, and to defend EC Services against any and all claims of liability for any
injury or damage to any person or property occurring as a result of gross negligence or willful
misconduct on the part of the Club, its agents, contractors or employees. The indemnification
provisions contained herein shall survive the termination of this Sublease with respect to any
claim or Iiability occurring prior to such termination.
6.3 Exemption of Club from Liability. EC Services hereby agrees that the
Club and the City shall not be liable for injury to EC Services' business or for any loss of income
therefrom or for damage to the goods, wares, merchandise or other property of EC Services, EC
Services' employees, invitees, customers or any other person in or about the Premises and the
Property. Further, the Club and the City shall not be liable for any injury to EC Services, EC
Services' 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 Property 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 EC
Services. Club shall not be liable for any damages arising from any act or neglect of any other
Subtenants of the Property.
7. Damage or Destruction.
7.1 Partial or Total Damage or Destruction of Premises.
7.1.1 Notwithstanding anything herein to the contrary, and subject to the
cost requirements and City approval requirements under the Term of the Lease, in the event that
the Premises or the Building are partially or totally damaged or destroyed, from any cause
whatsoever, except through fault of EC Services, whether or not such damage or destruction is
covered by the insurance required under Section 6, then Club may, at Club's sole option, either:
1) restore the Premises, Building, or improvements 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, Club shall repair the Premises or Building to their condititn
existing immediately prior to the damage or destruction.
7.1.2 Any damage caused through fault of the EC Services shall be repaired
and restored to the condition existing immediately prior to such damage or destruction at the sole
cost and expense of the EC Services; provided, however, in no event shall the obligation of EC
Services with respect to such cost and expense exceed $500,000.00. EC Services agrees that
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AND EC SERVICES
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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 Club, in Club's sole discretion.
7.2 Abatement of Rent. If the Premises are partially or totally damaged or
destroyed, and if Club restores the Premises under the provisions of Section 7.1, monthly rent
shall be abated proportionately with the degree to which EC Services' 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 EC Services may use the Premises
for EC Services' usual business.
7.3 Waiver. EC Services waives the provisions of any statutes which relate
to termination of leases when the thing leased is destroyed and agrees that such event shall be
governed by the terms of this Sublease.
7.4 Waiver of Subrogation. The parties agree to have their respective property
damage insurance carriers waive any right to subrogation that such companies may have against
the Club or EC Services, as the case may be, so long a the insurance is not invalidated thereby.
EC Services shall be responsible for and shall pay any increase in the Club's insurance
premiums resulting from any loss or damage caused by EC Services, its officers, directors,
employees, agents, guests, participants, invitees and the like, resulting from this waiver. EC
Services shall pay said increase on an annual basis for a period of ten (10) years after such
increase premium, if any, is charged to the Club. This obligation shall survive termination or
expiration of this Sublease and any extension thereof.
8. Intentionally. Left Blank.
9. Licenses and Permits. It shall be the sole and full responsibility of EC Services, at
its cost, to obtain all permits and licenses as are necessary to the use, operation, occupancy
and/or maintenance of the Premises. The City has informed the Club that no Conditional Use
Permit ("CUP") is required to operate the subject Head Start Program. However, should any
CUP be required in the future to operate the EC Services' Head Start Program the cost of said
CUP shall be paid for by the Club. The Club makes no representation or guarantee that a CUP
can or will be Obtained if required in the future. However, in no event shall the Club be
responsible for any damages to EC Services in connection with the failure or inability to obtain
the CUP in the event one is required.
10. Hours of Operation. Subject to the written consent of the City, if required, EC
Services shall conduct its operation of the Head Start Program on the Premises during the
following hours: Monday through Friday, except holidays, 7:00 a.m. to 6:00 p.m. during the
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
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Attachment 3
Head Start school year applicable to the Head Start Program operated at the Premises
("Operating Hours") and occasional evening or weekend use for Parent and/or Staff Meetings.
Subject to the Lease and to any requirement by the City and/or the Club, EC Services may, in its
reasonable discretion change the Operating Hours from time to time upon (i) two (2) weeks)
written notice to the Club if such change is temporary or infrequent (e.g. special events, parent
meetings, and other events not occurring regularly each month, or (ii) upon thirty (30) days
written notice to Club if EC Services intends such change to be permanent or to last for more
than one consecutive month.
11. Default.
11.1 EC Services's Default. The occurrence of any of the following shall
constitute a default by EC Services:
11.1.1 Failure to pay rent or other sums when due.
11.1.2 Abandonment and vacation of the Premises (failure to occupy and
operate the Premises for four (4) consecutive weeks, except for scheduled holidays or breaks
shall be deemed an abandonment and vacation).
11.1.3 Failure to perform any other provision of this Sublease (a non -
monetary default) if the failure to perform is not cured within thirty (30) days after notice has
been given to EC Services. If the default cannot reasonably be cured within thirty (30) days, EC
Services shall not be in default of this Sublease if EC Services 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 11.1.3 shall specify the alleged default and the
applicable Sublease provisions, and shall demand that EC Services 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 Club 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. Itlo notices shall be required to be
given under Section 11.1.1 or 11.1.2.
11.1.4 Violation by EC Services of any provisions of covenants,
conditions and restrictions ("CC&Rs") and/or any other recorded documents affecting the
Premises.
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AND EC SERVICES
NATIONAL CITY BRANCH
14
Attachment 3
11.1.5 No interest of EC Services 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:
11.1.5.1 If EC Services is or becomes bankrupt or insolvent or is
unable to pay EC Services's debts as they become due, makes an assignment for the benefit of
creditors, or institutes a proceeding under the Bankruptcy Act in which EC Services is the
bankrupt; or, if EC Services 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;
11.1.5.2 If a writ of attachment or execution is levied on this
Sublease;
11.1.5.3 If in any proceeding or action to which EC Services is a
party, a receiver is appointed with authority to take possession of the Premises.
An involuntary assignment shall constitute a default by EC Services and Club shall have
the right to elect to terminate this Sublease, in which case this Sublease shall not be treated as an
asset of EC Services.
12. Termination. This Sublease may be terminated as follows:
12.1 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 Head Start
Program impractical or impossible, EC Services may terminate this Sublease upon ninety (90)
days' written notice to the Club.
12.2 By Club, for EC Services's breach of any 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.
12.3 By mutual agreement of the Parties hereto.
12.4 By Club in the event the Lease between the City and Club is terminated for
any reason.
12.5 By the Club in the event EC Services fails to pay any monetary obligation
under this Sublease within 30 days of the date due.
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AND EC SERVICES
NATIONAL CITY BRANCH
15
Attachment 3
12.6 By the Club in the event the Club finds it is practicably unable to continue
operation of the Club at this Property and/or Premises.
12.7 Exception to Termination. Notwithstanding the above provisions
regarding termination, this Sublease shall not be terminated by EC Services prior to June 30 in
any year for which EC Services has received funding for its Head Start Program.
12.8 EC Services acknowledges and agrees that the Property is located on
public parkland and therefore certain uses are not permitted. EC Services further acknowledges
and agrees that this it shall not obtain any long term property interest in the Property or the
Premises. EC Services further agrees that in the event there is any successful challenge to the
use by EC Services, nothwithstanding any other provision of this Sublease, the City may cause
EC Services to vacate the Premises and this Sublease shall be terminated.
12.9 Surrender: Termination. Upon termination of this Sublease, EC Services
shall surrender the Premises to Landlord in the same condition as received, ordinary wear and
tear excepted, clean and free of debris. EC Services 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 all alterations, improvements and additions shall become
the property of the Club and remain upon and be surrendered with the Premises at the expiration
of the Term. Provided, however, EC Services shall have the right to remove any improvements,
alterations or restorations purchased or constructed by EC Services using federal or other grant
funding (collectively, "EC Services -Retained Improvements"), unless Club elects no later than
10 days before the expiration of the Sublease term, at Club's sole discretion, to purchase any
such EC Services Retained Improvements from EC Services for a price that shall not be less
than the depreciated book value of the EC Services -Retained Improvements to be acquired by
the Club. The sale of any EC Services -Retained Improvements to Club, and the price to be paid
by Club, shall be subject to the approval, at the time of sale, of the federal agency or other
grantor of the funds. In the absence of such an election by CIub and approval by the grantor of
the funds, EC Services shall be entitled to remove the EC Services -Retained Improvements at
the expiration or earlier termination of the Sublease and shall be responsible for restoration of
the Premises to a condition, less reasonable wear and tear, prior to the occupation by EC
Services.
12.10 In the event the Head Start Program is terminated hereunder, EC Services
shall, subject to and 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 service similar in nature to the Head
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
16
Attachment 3
Start Program to said students.
12.11 Holding Over. Any holding over by EC Services after the expiration of
the Term of this Sublease of any extension thereof, shall create a month -to -month tenancy, upon
the same terms and conditions herein contained; provided, however, that so long as EC Services
continues to pay all rent due under this Subleaseand comply with all other covenants, terms and
conditions, Club shall not terminate such tenancy during the period from September 1 through
June 30, except for such other termination rights expressly provided in this Sublease.
13. Late Charges. EC Services hereby acknowledges that late payment by EC
Services to the Club of rent and other sums due under this Sublease will cause the Club 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 the Club by the terms of any mortgage or trust deed covering
the Premises or charge by the City. Accordingly, if any installment of rent or any other sum due
from EC Services is not received by the Club within ten (10) days after such amount is due then
EC Services shall immediately pay to Club 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 the Club will incur by reason of late payment by EC Services. Acceptance of the late
charge by the Club shall in no event constitute a waiver of EC Services's default with respect to
such overdue amount, nor prevent the Club 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.
14. Condemnation.
14.1 Definitions. "Condemnation" means: (a) the exercise of any
governmental power, whether by legal proceedings or otherwise, by a condemnor; or (b) a
voluntary sale or transfer by Club 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
property being condemned.
to possession of the
"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
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
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Attachment 3
or individual, having the power of condemnation.
If, during the Term or during the period of time between the execution of this
Sublease and the date the Term commences, 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 Section.
14.2 Total Taking. If all of the square footage in the Premises is taken by
Condemnation, this Sublease shall terminate on the Date of Taking.
14.3 Partial Taking. If a portion of the square footage but Iess 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 EC Services by
Landlord within that sixty (60) day period. If Landlord does not give notice of termination to
EC Services 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.
14.4 Waiver of California Code of Civil Procedure Section 1265.130. EC
Services 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.
14.5 Restoration of Premises. If there is a partial taking of the Premises and
this Sublease remains in full force and effect EC Services at its cost shall accomplish all
necessary restoration with no abatement of rent.
14.6 Award. The entire award shall belong to and be paid to Landlord except
that EC Services shall receive from the award a sum attributable to EC Services's improvements
or alterations made to the Premises by EC Services in accordance with this Sublease which EC
Services has the right to remove from the Premises pursuant to the provisions of this Sublease
but elects not to remove.
15. No Broker. EC Services represents that neither the Premises, nor any portion of the
Building, 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. EC Services warrants that no claim
for commission for the leasing shall be presented to Landlord. Further, EC Services agrees to
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
18
Attachment 3
indemnify and defend Landlord in the event of any such claims.
16. Assignment.
16.1 No Assignment. EC Services shall not voluntarily assign or encumber its
interest in this 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 and the City's prior written consent which consent shall not be unreasonably
withheld. 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.
16.2 If Consent is Given. If Landlord consents to a sublease or assignment of
this Sublease, EC Services immediately and irrevocably assigns to Landlord, as security for EC
Services's obligations under this Sublease, 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 EC
Services, may collect such rent and apply it towards EC Services's obligations under this
Sublease; except that, until the occurrence of an act of default by EC Services, EC Services shall
have the right to collect such rent. All rent received by EC Services from its sublease in excess
of the rent payable by EC Services to Landlord under this Sublease shall be paid to Landlord, or
any sums to be paid by an assignee to EC Services in consideration of the assignment of this
Sublease shall be paid to Landlord if Landlord consents to a sublease or assignment. If EC
Services requests Landlord to consent to a proposed assignment or subletting, EC Services shall
pay to Landlord, whether or not consent is ultimately given, Landlord's reasonable attorney's
fees incurred in connection with each such request.
16.3 Assignment by Operation of Law. No interest of EC Services in this
Sublease shall be assignable by operation of law. Each of the following acts shall be considered
an involuntary assignment:
16.3.1 If Subtenant is or becomes bankrupt or insolvent, makes an
assignment for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in
which Subtenant is the bankrupt; or, if Subtenant is a partnership or consists of more than one
person or entity, if any partner of the pa ership or other person or entity is or becomes
bankrupt or insolvent, or makes an assignment for the benefit of creditors;
16.3.2 If a writ of attachment or execution is levied on this Sublease;
16.3.3 If, in any proceeding or action to which Subtenant is a party, a
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AND EC SERVICES
NATIONAL CITY BRANCH
19
Attachment 3
receiver is appointed with authority to take possession of the Premises.
An involuntary assignment shall constitute a default by Subtenant 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 EC Services.
17. Estoppel Certificate. Subtenant 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
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 Subtenant'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. Subtenant'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, Subtenant's failure shall be conclusive upon Subtenant 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 Subtenant fails to deliver the certificate within ten
(10) days of delivery of notice, Subtenant irrevocably constitutes and appoints Landlord as its
special attorney -in -fact to execute and deliver the certificate to a third party.
18. Subordination. Subtenant 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 dem d by
Landlord any documents required to effectuate such subordination. In the event that Subtenant
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 Subtenant of the document to be executed by
it, Subtenant hereby appoints Landlord, its successors and assigns, the special attorney -in -fact of
Subtenant irrevocably to execute and deliver any and all such documents for and on behalf of
Subtenant; provided, however, that Subtenant shall not be required to effectuate such
subordination, nor shall Landlord be authorized to effect such subordination on behalf of
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
20
Attachment 3
Subtenant, unless the mortgagee or beneficiary named in such mortgage, deed of trust or other
encumbrance shall first agree in writing, for the benefit of Subtenant, that so long as Subtenant is
not in default under any of the provisions, covenants or conditions of this Sublease on the part of
Subtenant to be kept and performed, that Subtenant'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 Subtenant 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.
19. City's Liability. The City shall mean only the owner or owners, at the time in question,
of the fee interest in the Premises. In the event of any transfer of such fee interest, City shall be
relieved from and after the date of such transfer of all liability under this Sublease provided that
any funds in the hands of City at the time of such transfer, in which Subtenant has an interest,
shall be delivered to the grantee. The obligations in this Sublease to be performed by City, if
any shall be binding on City's successors and assigns only during their respective periods of
ownership.
20. Interest on Past Due Obligations. Except as expressly herein provided, any amount
due to a party and not paid when due shall bear interest at 10% from the date due until paid.
21. 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 Section. 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 Section.
22. Sr n Subtenant shall not place any sign upon the Premises, the Building or any
improvemen s or the real property of which the Premises are a part without the Club's and the
City's prior written consent.
23. Recording/Quitclaim Deed. This Sublease shall not be recorded without City's and
Landlord's prior written consent. Subtenant shall execute and deliver to Landlord on the
expiration or termination of this Sublease, immediately on Landlord's request, a quitclaim deed
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
21
Attachment 3
to the Premises, in recordable form, designating Landlord as transferee.
24. Intentionally left blank.
25. Landlord's Right of Entry. Landlord, Landlord's agents and City 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 Subtenants and making such alterations, repairs,
improvements, or additions to the Premises or the Building as Landlord may deem necessary or
desirable. City 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.
26. 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, arbitration or trial or appeal, shall
be entitled to its reasonable attorney's fees and costs to be paid by the losing party as fixed by the
court.
27. Security Measures. Subtenant 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. Subtenant assumes all
responsibility for the protection of Subtenant, its agents and invitees from acts of third parties.
28. Landlord's Right to Effect Performance. If Subtenant at any time fails to perform any
covenant, term or condition of this Sublease, Landlord may after providing EC Services the
notice and period for cure specified in Section 11.1.3, perform the same for the account of
Subtenant, 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 Subtenant to Landlord.
29. Intentionally Ieft blank.
30. Miscellaneous.
30.1 Time of Essence. Time is of the essence to
this Sublease.
30.2 Amendments. This Sublease contains all agreements of the parties with 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.
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
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Attachment 3
30.3 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.
30.4 Waiver. No delay or omission in the exercise of any right or remedy of Landlord
on any default by Subtenant 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 Subtenant before the
expiration of the Term. Only a written notice from Landlord to Subtenant 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 Subtenant 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 Subtenant. 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.
30.5 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.
30.6 Covenants and Conditions. Each provision of this Sublease to be performed by
Subtenant shall be deemed both a covenant and a condition.
30.7 Governing Law. This Sublease shall be governed by the laws of the State of
California.
30.8 Heirs, Successors and Assigns. Subject to the provisions restricting assignment
or subletting by EC Services, or other provisions of this Sublease, this Sublease shall be binding
on the parties, their respective heirs, personal representatives, successors and assigns.
30.9 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. Each party shall provide the other party with evidence of such authority
satisfactory to Landlord.
30.10 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.
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
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Attachment 3
30.11 Captions. The captions of this Sublease shall have no effect on its interpretation.
30.12 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.
30.13 Mediation, Arbitration and Attorney's Fees.
30.13.1 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 fees, even if they would otherwise be available to that party in any
such arbitration.
30.13.2 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 California law. 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 Iaw 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.
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
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Attachment 3
30.13.3 Exclusions from Mediation and Arbitration. The following matters are
excluded from mediation and arbitration: (I) a judicial or non judicial foreclosure or other action
or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in
California Civil Code §2985; (2) an unlawful detainer action; (3) the filing or enforcement of a
mechanic's lien; and (4) any matter that is within the jurisdiction of a probate, small claims or
bankruptcy court. The filing of a court action to enable the recording of a notice of pending
action, for order of attachment, receivership, injunction, or other provisional remedies, shall not
constitute a waiver of the mediation and arbitration provisions.
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 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 fmal, binding, and conclusive on all parties.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THE MAFIERS 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 MAFfhRS INCLUDED IN THE `ARBITRATION OF
DISPUTES' PROVISION TO NEUTRBITRATION.
INITIALS: <�
30.14 Incorporation of Recitals. Recital provisions set firth above are an integral
part of this Agreement and are by this reference incorporated herein as though set forth in full.
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
25
Attachment 3
30.15 Counterparts. This Sublease may be executed in one or more counterparts,
each of which shall be considered an original of this Agreement.
LANDLORD: , Y s •:. S CLUB OF GREATER SAN DIEGO
By:
Danny riock, CEO
Addre s: P.O. Box 178569
San Diego, CA 92177
Tel. #: 858-866-0591
Facsimile: 858-866-0595
E-mail: dsherlock@sdyouth.org
Subtenant: EC Services
By:
Christop er J. Marics, Chief *nistrative Officer
Address: 40 Mile of Cars Way, Suite 350
National City, CA 91950
Tel. #: 619-228-2800
Facsimile: 619-228-2801
E-mail: cmarics@ecscalifornia.org
APPROVED AS TO FORM AND CONTENT
CITY OF NATIONAL CITY
By:
(print name and title)
\hvbsbs\client files 1.BBVeal estate 'Boys' and Girls Club\Episcopal Community Services1Subleas -revised 7-14-14.wpd
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
26
Attachment 3
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
EXHIBIT "A"
Legal Description ofthe Property
27
Attachment 3
RECEIVED IN POOR CONDITIOI1d
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 14th Street,
15th 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 Easte y
the of-saidBlock 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., rnore or less.
This legal description has been prepared by me, or under my direction, in conformance
with the Professional and urveyors Act.
Signature:
Jo n R. Berggren, L.S. 6000 r:•,'•'" ` ` %r�,
Lic-nse Expires 12/31/2010 (-4
Date: January 4, 2009 ,``}}• fjJl� • <w-
t
Gn
re%r
0
Attachment 3
LINE TABLE
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
11
S71'56'15"W
249.51'
L11
S23'22'20"W
37.88'
L2
S28'47'57"W
16.17'
L12
137'26'19"E
69.13'
L3
S79'32'30"E
9.76'
L13
N43'43'42"E
79.18'
L4
S88'10'29"E
10.10'
L14
N51'18'19'E
19,28'
L5
N81'39'55"E
10.18'
L15
S60'34'10"W
128,19'
L6
N68'32'00"E
48.87'
L16
S16'40'03"E
41.65'
L7
S71'20'52"E
29.69'
L17
S34'52'24"W
27.92'
L8
N67'43'17"W
19.80'
L18
571'34'26"W
89.80'
L9
N61`151540W
39.52'
L19
S17'47'04"E
266,11'
L10
S30'13'16"E
15.13'
\a t111.0
MAP 55 '
BLOCK 3
L10
f.-
'9
L8-"-Z
5
L2
L3
L1�
SOUTHEAST
CORNER OF
BLOCK 4 4.242_,'
/ flr
POINT OF
BEGINNING
NEW LEASE AREA = 75,670 SF
Exhibit B
SCALE 1"= 100'
IN ASSOCIATION WITH:
TETRA TECH
BERGGREN & ASSOCIATES
LAND SURVEYING AND RIGHT Of WAY MAPPING
6046 CORNERSTONE COURT WEST 11116
SAN DIEGO, CALIFORNIA 92121
(858) 824-0034 / (858) 824-0036
RECEIVED IN POOR COMMON
Attachment 3
EXHIBIT "B"
(Copy of the Club's Lease with the City of National City)
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
28
Atra_t meat 3
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
cbot,
1"
Mr
o ccs z0r
ii ii 11 [II ii i '11'I!III
Og70285
SEP 12, 2011 1:33 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Erne$R J. Dronenburg. Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 60
If IIIC�IIIU ll
011
'CRI 01111
10.
1N110
fl1ul 1 11I G0If10111
MS SPACE FOR RECORDER'S USE ONLY
20-YEAR LEASE AGREEMENT: WITH THE BOYS' AND GIRLS' CLUB
OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND
BUILDING LOCATED AT 1430 D AVENUE
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
1110011
F81
Attachmont 8
LEASE
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC.
This Lease is made and entered into this 16th day of August, 2011, (the "Commencement
Date"), by and between the City of National City, a municipal corporation, hereinafter
designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter
designated as "Lessee."
RECITALS
A. Lessee is desirous of leasing from Lessor certain real property, including a building and
other improvements, for the purpose of maintaining a clubhouse thereon, and for
promoting the physical, mental, and moral well-being of the boys and girls of the City of
National City, and for boys and girls in the immediate vicinity thereof.
B. Lessee has constructed and maintained the building and improvements on the Premises
for many years with private funds raised from the community by the Boys' and Girls'
Clubs. Said building and improvements, together with all appliances, fixtures, equipment
and furniture (excluding the tables and chairs kept inside the building) were conveyed
and transferred to Lessor on or about December 17, 2008.
C. The use of said property for the purpose aforementioned will promote the general welfare
of all the inhabitants of the City of National City.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real
property, building, and other improvements situated in the City of National City,
County of San Diego, State of California, commonly known as 1430 "D" Avenue,
as more specifically described in the attached Exhibit "A", and shown on the
attached Exhibit "B", which are incorporated herein by reference (the "Leased
Premises"). Lessee has constructed and maintained the building and
improvements on the Premises for many years with private funds raised from the
community by the Boys' and Girls' Clubs. Said building and improvements,
together with all appliances, fixtures, equipment and furniture (excluding the
tables and chairs kept December 17, 2008.inside the building) were conveyed and
transferred to Lessor on or about
2. Term. The Term of the Lease shall be for a period of twenty (20) years from the
date first written above.
3. Use. The above described premises are leased to Lessee by Lessor for the
purpose of maintaining a Boys and Girls Club, and to be used exclusively and for
no other purpose than to maintain said Boys & Girls Club, and to promote the
physical, mental, and moral well-being of the boys and girls of the City of
National City and territory adjacent thereto, and to provide such means of
1 2011 1 P.nW Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attaohmont 3
education, wholesome recreation, and proper guidance as may seem most likely
and desirable for the accomplishment of the purposes herein set forth.
4. Legal Status of Lease. Lessee warrants that it is a California nonprofit
corporation.
5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and
any option period shall be the annual sum of One Dollar ($1.00) and the mutual
benefit to be derived from Lessee's uses of the Leased Premises, as specified
herein.
6. Assignment and Subletting. This Lease shall not be assigned, sublet,
hypothecated, leveraged, or transferred without the prior written consent of
Lessor.
7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements
to the Leased Premises as may be required for normal maintenance and operation,
which shall include the repairs and/or replacements to all structural portions of the
building located on the Leased Premises, and all walls, floors, corridors, windows,
HVAC, mechanical electrical, plumbing, paving and parking, exterior windows,
and other structures and equipment within and serving the Leased Premises, and
such additional maintenance as may be necessary because of damages by persons
other than Lessee, its agents, employees, invitees, or visitors, all in accordance
with standard practices for similar commercial buildings in the San Diego,
California area. Lessor shall be responsible for extermination/pest control for the
Leased Premises. Without limiting the foregoing, notwithstanding anything to the
contrary set forth herein, if Lessor is required to make repairs to take other
corrective action in the Leased Premises by reason of Lessee's negligent acts or
negligent failure to act reasonably, Lessor shall have the right to recover from
Lessee the reasonable cost of the repairs or other work.
8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done
to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents,
employees, invitees, or visitors, at Lessee's own cost and expense within a
reasonable time after written notice from Lessor. If Lessee fails to make such
repairs or replacements within a reasonable time after written notice, Lessor may,
at its option, make such repairs or replacements, and Lessee shall repay the cost
thereof to the Lessor as additional rent within ten (10) days of written demand.
However, for any repair work, other than repair work in emergency situations,
costing over Five Thousand and no/100 Dollars ($5,000.00) to be performed by
Lessee or Lessee's agents, Lessee shall not perform such repair work without the
prior written consent of Lessor's City Manager or designee. Any repairs or
replacements in or to the Leased Premises, other than repair work in emergency
situations, which would require an expenditure exceeding Five Thousand and
no/100 Dollars ($5,000.00) and which constitute a "public project" under Section
20161 of the California Public Contract Code, shall be contracted for/by Lessor
and let to the lowest responsible bidder after notice.
2 2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
9. Routine Maintenance by Lessee. From and after the Commencement Date and
during the Term, Lessee shall, at its own cost and expense, make all repairs and
replacements required by this Lease, reasonable wear and use excepted, and
excepting those repairs to be made by Lessor as set forth in Section 7 above.
10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage)
beyond normal wear and tear of the Leased Premises.
11. Improvements, Alterations, and Additions. Lessee shall not make or allow to be
made any major alterations or physical additions in or to the Leased Premises
which affect the structure or any other improvements and costing more than Five
Thousand and no/100 Dollars ($5,000.00) without first obtaining the prior written
consent of Lessor's City Manager or designee, which consent shall not be
unreasonably withheld. All work shall be done by contractors approved by
Lessor. Any alterations or physical additions in or to the Leased Premise that
would require an expenditure exceeding Five Thousand and no/100 Dollars
($5,000.00), and which constitute a "public project" under Section 20161 of the
California Public Contract Code, shall be contracted for/by Lessor and let to the
lowest responsible bidder after notice. Any and all such alterations, physical
additions, or improvements, when made to the Leased Premises by Lessee, shall
at once become the property of Lessor and shall be surrendered to Lessor upon the
termination of this Lease by lapse of time or otherwise; provided, however, this
clause shall not apply to trade fixtures, equipment, or furniture owned by Lessee.
Any Lessee improvements, alterations or additions shall comply with all
government, local building code, permitting, and competitive bidding
requirements. Lessee shall give Lessor written notice five (5) days prior to
employing any laborer or contractor to perform major work on the Leased
Premises so that Lessor may post a notice of non -responsibility, if allowed by
law. Lessee shall not be required to remove alterations, physical additions, or
improvements upon termination of this Lease
12. Utilities. Lessee will be responsible for payment of utilities, including but not
limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water.
Lessee understands that it is responsible for the proper disposal of debris in the
designated trash receptacles provided by the Lessor. No trash is to be plced in
front of or on the sides of the container nor should any trash be placed ori top of
the lids. Lessee further understands that it will be billed accordingly for not
disposing of trash in the proper manner, which includes breaking down all boxes
and containers prior to being placed in the trash bins.
13. Indemnity and Insurance.
a. Disclaimer of Liability, Lessor shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever
arising out of Lessee's construction, maintenance, repair, use, operation,
or dismantling of the Leased Premises except to the extent caused by
Lessor's negligence or willful misconduct.
3 201 I Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
ntta hm nt 3
b. Indemnification. Lessee shall, at its sole cost and expense, defend,
indemnify, and hold harmless Lessor and its officials, boards,
commissions, employees, agents, attorneys, and contractors (hereinafter
referred to as "indemnitees" ), from and against:
i. Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses and expenses, including without limitation,
reasonable fees and expenses of attorneys, expert witnesses and
consultants, which may arise out of or be in any way connected
with Lessee's construction, maintenance, repair, use, operation, or
dismantling of the Leased Premises or Lessee's failure to comply
with any federal, state, or local statute, ordinance or regulation.
ii. Lessee's obligations to indemnify indemnitees under this Lease
shall not extend to claims, losses, and other matters covered
hereunder to the extent such claims arise out of the negligence or
willful misconduct of one or more indemnitees.
c. Assumption ofRisk. Lessor warrants that it does not have knowledge that
a dangerous condition exists at the Premises except as may be specifically
set forth in this Lease. Lessee undertakes and assumes for its officers,
agents, affiliates, contractors and subcontractors, and employees
(collectively for the purpose of this section), all risks of unknown
dangerous conditions, if any, on or about the Leased Premises, and Lessee
hereby agrees to indemnify and hold harmless Lessor against and from
any claim asserted or liability imposed upon the Indemnitiees for personal
injury or property damage to any person (other than from Indemnitee's
negligence or willful misconduct) arising out of Lessee's construction,
maintenance, repair, use, operation or dismantling of the Leased Premises
or Lessee's failure to comply with any federal, state, or local statute,
ordinance or regulation.
d. Defense of Lessor. In the event any action or proceeding shall be brought
against Lessor by reason of any matter for which Lessor is indemnified
hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and
expense, resist and defend the same with legal counsel mutually selected
by Lessor and Lessee, provided however, that Lessee shall not admit
liability in any such matter on behalf of Lessor without prior written
consent of Lessor's City Manager or designee, which consent shall not be
unreasonably withheld, and provided further that Lessee shall not admit
liability for, nor enter into any compromise or settlement of, any claim for
which it is indemnified hereunder, without the prior written consent of
Lessor, which consent shall not be unreasonably withheld.
e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt
notice of the making of any claim or the commencement of any action,
suit, or other proceeding covered by the provisions of this paragraph.
Nothing herein shall be deemed to prevent Lessor from cooperating with
4 2011 Lease Between City of National City and
Boys and Girls Clubs ofGrerler Sun Diego
Attachmcnt 3
Lessee and participating in the defense of any litigation by Lessor's own
counsel.
f. Insurance. During the term of the Lease, Lessee shall maintain, or cause
to be maintained, in full force and effect and at its sole cost and expense,
the following types and limits of insurance:
i. Worker's compensation insurance meeting applicable statutory
requirements.
ii. Commercial general liability insurance with minimum limits of
Two Million and no/100 Dollars ($2,000,000.00) as the combined
single Iimit for each occurrence of bodily injury, personal injury,
and property damage.
iii. At the start of and during the period of any construction by Lessee,
builders all-risk insurance, together with an installation floater or
equivalent property coverage covering cables, materials,
machinery, and supplies of any nature whatsoever which are to be
used in or incidental to the installation of improvements.
iv. All policies other than for Worker's Compensation shall be written
on an occurrence and not on claims made basis.
v. The coverage amounts set forth above may be met by a
combination of underlying and umbrella policies so long as in
combination the limits equal or exceed those stated,
vi. Lessee shall furnish certificates of insurance to Lessor before
commencement of the Lease term.
g. Named Insureds. All policies, except for worker's compensation policies,
shall name Lessor and its officials, boards, commissions, employees,
agents, and contractors, as their respective interests may appear, as
additional insureds (herein referred to as the "Additional Insureds"), and a
separate additional insured endorsement shall be provided.
h. Evidence of Insurance. Certificates of Insurance of each insurance policy
required to be obtained by Lessee in compliance with this paragraph,
along with written evidence of payment of required premiums shall be
filled and maintained with Lessor annually during the term of the Lease.
Lessee shall immediately advise Lessor of any claim or litigation that may
result in liability to Lessor.
i, Cancellation of Policies of Insurance. All insurance policies maintained
pursuant to this Lease shall contain the following endorsement:
5 201 I Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
nfmrt,r r t
At least thirty (30) days ' prior written notice shall
be given to Lessor by the insurer of any intention
not to renew such policy or to cancel, replace, or
materially alter same.
Insurance Companies. All insurance shall be affected under valid and
enforceable policies, insured by insurers licensed to do business by the
State of California or surplus carriers on the State of California Insurance
Commissioner's approval list of companies qualified to do business in the
State of California. All insurance carriers and surplus line carriers shall be
rated A+ or better by A.M. Best Company, or as otherwise approved by
Lessor's Risk Manager.
k. Deductibles. All insurance policies may be written with deductibles not to
exceed $50,000 unless approved in advance by Lessor's Risk Manager.
Lessee agrees to indemnify and save harmless Lessor, the indemnitees,
and Additional Insureds from and against the payment deductible and
from the payment of any premium on any insurance policy required to be
famished by the Lease.
Contractors. Lessee shall require that each and every one of its
contractors and their subcontractors who perform work on the Leased
Premises on behalf of Lessee to carry in full force and effect, workers'
compensation, comprehensive commercial general liability, and
automobile liability insurance coverages of the type which Lessee is
required to obtain under the terms of this paragraph with appropriate limits
of insurance.
m. Responsibility after Termination. Upon termination of the Lease, each
party shall remain responsible to the other for any and all liabilities,
obligations, damages, penalties, claims, liens, costs, charges, fosses, and
expenses arising under the Lease which arose out of the Lease and
occurred prior to such date of termination.
n. Review of Limits. Once during each calendar year during the term of the
Lease, Lessor may review the insurance coverages to be carried by Lessee.
If Lessor deteiiuines that higher limits of coverage are necessary to protect
the interests of Lessor or the Additional Insureds, Lessee shall be so
notified, and shall obtain the additional limits of insurance, at its sole cost
and expense.
14. Inspection. Lessor, by and through its proper officers, reserves and shall always
have the right, upon reasonable notice and at a reasonable time, to enter the
Leased Premises for the purpose of viewing and ascertaining the conditions of the
same and the operation and maintenance thereof.
6 201 I Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attachment 3
15. Removal of Personal Prqperty. At the termination or expiration of this Lease or
any renewal thereof, Lessee shall, within ninety (90) days of written request by
Lessor, remove any and all personal property not owned by Lessor, placed or
erected on the premises during the term thereof, or any renewal thereof, and that
all expense connected with such removal shall be borne by Lessee. Lessor shall
have the right to sell, destroy, remove, or otherwise dispose of any such personal
property Left on the premises longer than ninety (90) days after te,tliination of this
Agreement. The premises shall be left by Lessee in a clean, neat, and safe
condition, and the exclusive possession and use of the property shall revert to
Lessor.
16. Non -Discrimination, Lessee agrees that there shall be no discrimination against
or segregation of any person or group of persons because of race, color, creed,
national origin, sex, sexual orientation, ancestry, marital status, physical handicap,
or medical condition in the use occupancy or enjoyment of the property, nor shall
Lessee, or any person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of users of the property.
17. Waiver. The failure or omission of Lessor to terminate this Lease for any
violations of any of its terms, conditions, or covenants shall in no way be deemed
to be a consent by Lessor to such violation, and shall in no way bar, stop, or
prevent Lessor from terminating this Lease thereafter, either for such or for any
subsequent violation of any such term, condition, or covenant.
18. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed,
painted or affixed on or to any part or portion of the outside of the Leased
Premises except to be of such type and color, size and style, and in such place as
may be approved by Lessor. Any additional signage or changes to existing
signage after the Commencement Date will require Lessee to pay for and obtain
all regulatory approvals (permits) for the Leased Premises.
19. Waiver of Relocation Assistance. In consideration for the execution of this Lease
by Lessor, Lessee hereby waives any claim for relocation assistance benefits to
which it ay otherwise be entitled under federal, state, or local law or regulations,
upon vac Lion of the Leased Premises.
20. Americans with Disabilities Act. Upon commencement of this Lease, Lessee
shall comply, at its sole cost, with requirements of ADA which provides for the
removal of architectural barriers that prevent equal access to disabled persons on
the interior of the Leased Premises. Through the duration of the Lease, Lessor
shall comply, at its sole cost, with requirements of the ADA which provides for
the removal of architectural barriers that prevent equal access to disabled persons
on the exterior of the Leased Premises. Lessor warrants that the Premises will be
ADA compliant at the time possession is delivered to Lessee.
7 2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
nttachmont 3
21. Compliance with Environmental and Other Laws. Lessee shall not engage in
activities upon the Leased Premises, or any portion thereof, for the purpose of or
anyway involving the handling, manufacturing, treatment, storage, use,
transportation, spillage, leakage, dumping, discharge or disposal (whether legal or
illegal, accidental or intentional), or any hazardous or toxic substances, materials
or wastes, or any wastes regulated under any local, state, or federal law; provided,
however, normal quantities and use of those hazardous or toxic substances or
materials customarily used in the conduct of Lessee's permitted uses, such as
paints, stains, solvents, and similar materials, may be used and stored by Lessee at
the Leased Premises.
Lessee shall be, and remain for the terra of this Lease, in full compliance with all
applicable laws governing the use and occupancy of the Leased Premises
including, without limitation, the handling, manufacturing, treatment, storage,
disposal, discharge, use, and transportation of hazardous or toxic substances,
materials or wastes, and any wastes regulated under any local, state, or federal
law. Lessee has been advised that no digging or excavation at the site will be
authorized without appropriate environmental oversight.
22. Obstruction. Except as permitted by this Lease, and except for those materials
customarily used in the conduct of Lessee's permitted uses, Lessee shall not
place, install, maintain, or allow any combustible materials in buildings,
structures, or other improvements upon the Leased Premises, and shall not cause
or allow the surface elevation therein to be changed in any way whatsoever,
without prior written approval of Lessor's City Manager or designee.
23. Lessee's Obligation to Ouit. Lessee shall, upon termination of this Lease, leave
and peaceably and quietly surrender and deliver to Lessor the Leased Premises
and all improvements, buildings, and fixtures hereon or constituting a part thereof,
and any replacements or renewals thereof in a good condition, order, and repair as
the same were at the Commencement Date or thereafter may have been put,
reasonable wear and use excepted. Notwithstanding the foregoing or anything in
this Lease to the contrary, Lessee shall have the right at any time during this
Lease to remove from the Leased Premises Lessee's trade fixtures, furniture,
equipment, and personal property, provided that Lesseg repairs any damage
caused by such removal.
24. Termination. This Lease may be terminated as follows:
a. In the event that during the term of this Lease, funding to operate the Club
is either eliminated or reduced to a point so as to render continued
operation of the Club impractical or impossible, Lessee may terminate the
Lease upon ninety (90) days' written notice to Lessor.
b. By Lessor, in the event the Leased Premises must be reclaimed for
public use due to the requirements of a governmental agency, such as the
U.S. Army Corps of Engineers, upon one (1) year's notice. In the event the
8 2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attachment 3
Leased Premises are reclaimed for public use due to the requirements of a
governmental agency, Lessor will provide, to the extent it determines its
resources will allow and without any financial obligation on Lessor's part,
assistance to Lessee in the relocation of Lessee to an alternative site
substantially the same as the Leased Premises and acceptable to the Lessee
for the purposes and operation of the business of Lessee.
c. By Lessor upon the occurrence of one or more of the following defaults
("Defaults"), and the failure of Lessee to cure any such Default within any
applicable grace period.
i. The failure of Lessee to provide reasonable evidence of insurance
within thirty (30) days of the renewal of any policy required
herein;
ii. The failure of Lessee to fulfill any obligation of Lessee under this
Lease which endangers or threatens life or property, where such
failure continues for a period of five (5) business days following
written notice from Lessor.
iii. A failure by Lessee to perform any material obligation of Lessee
(other than those described above), where such failure continues
for a period of thirty (30) days after written notice from Lessor;
provided, however, that if the nature of Lessee's failure to perform
is such that more than thirty (30) days are reasonably required for
its cure, then it shall not be deemed to be a Default if Lessee
commences such cure within said thirty (30) day period, and
thereafter diligently prosecutes such cure to completion.
iv. The failure by Lessee in conducting its activities to adhere to the
provisions of the Requirements for Membership as a Member
Organization of the Boys and Girls Club of America, as amended
from time to time, the current version of which is attached hereto
as Exhibit "C" and incorporated herein by reference
d. By Lessee, for Lessor's breach of any covenant, obligation, or condition
contained in this Lease which is not cured within thirty (30) days
immediately following written notice from the Lessee of such alleged
breach, provided, however, that if the nature of Lessor's failure to perform
is such that more than thirty (30) days are reasonably required for its cure,
then it shall not be deemed to be a Default if Lessor commences such cure
within said thirty (30) day period, and thereafter diligently prosecutes such
cure to completion.
e. By mutual agreement of the Parties hereto.
f. By expiration of the Teiui.
9 2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attachment 3
g.
Notwithstanding anything in this Lease to the contrary, upon termination
of the Lease, neither Lessor nor Lessee shall have any further obligations
or responsibilities under the Lease or relating to the Leased Premises, and
each party shall be deemed to have released the other from any such
further obligations or responsibilities without the need for further action.
Notwithstanding the foregoing, each party shall remain responsible to the
other for any obligations arising under the Lease which occurred prior to
such date of termination.
25. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to
cure such Default within any applicable grace period, Lessor may, at its option,
perform such duty or obligation giving rise to the Default on behalf or Lessee,
including but no limited to the obtaining of reasonably required insurance
policies, or government licenses, permits, or approvals. The costs and expenses
of any such performance by Lessor shall be due and payable by Lessee within ten
(10) days of receipt of invoice therefore. If any check given to Lessee shall not be
honored by the bank upon which it is drawn, Lessor, at its option, may require all
future payments to be made by Lessee to be by cashier's check. In the event of a
Default which Lessee has failed to cure within any applicable grace period, or
undertaken reasonable action to cure within any applicable grace period, Lessor
may, with or without future notice or demand, and without limiting Lessor in the
exercise of any right or remedy which Lessor may have by reason of such
Default, terminate the Lessee's right to possession of the Leased Premises by any
lawful means; continue the Lease; and for pursue any other remedy now or
hereafter available under the laws or judicial decision of the State of California.
26. Lessee's Remedies Upon a Lessor Default. Lessor shall be in default under this
Lease ("Lessor Default") if Lessor fails to perform any of the obligations of
Lessor under this Lease, and such failure continues for a period of thirty (30) a
days after written notice from Lessee; provided, however, that if the nature of
Lessor's failure to perform is such that more than (30) days are reasonably
required for its cure, then it shall not be deemed to be a Lessor Default if Lessor
commences such cure within said thirty (30) day period and thereafter diligently
prosecutes such cure to completion. The rights and remedies of Lessee upon a
Lessor Default shall be cumulative, and upon a Lessor Default Lessee may pursue
any and all rights and remedies at law or in equity, whether at the same time or
otherwise.
27. Hazardous Substances. Lessee shall indemnify, protect, and hold harmless Lessor
and each of its respective subsidiaries from and against all costs and damages
incurred by Lessor in connection with the presence, emanation, migration,
disposal, release, or threatened release of any oil or other petroleum products or
hazardous materials or substances on, within, or to or from the Leased Premises
as a result of (i) the operations of Lessee after the Commencement Date, and (ii)
the activities of third parties affiliated with Lessee or invited on the Leased
Premises by Lessee after the Commencement Date and during the term of this
10
201 I Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
nttachm nt 3
Lease, Each party agrees that such party will promptly give written notice to the
other party of any investigation, claim, demand, lawsuit, or other action by any
governmental or regulatory agency or private party involving the Leased Premises
and any hazardous substance or environmental law of which such party has actual
notice.
28. Taxes. Lessee recognizes and understands that this Lease may create a
possessory interest subject to property taxation, and that Lessee may be subject to
the payment of property taxes levied on such interest. Lessee further agrees to
pay any and all property taxes, if any, assessed during the term of this Lease,
pursuant to Section 107 and 1 07. 1 of the Revenue and Taxation Code, against
Lessee's possessory interest in the Leased Premises.
29. Representations and Warranties. The parties represent and warrant that they have
powers adequate for the execution, delivery, and performance of their obligations
under this Lease; they have taken all necessary actions required to make this
Lease the valid and enforceable obligation it purports to be, and this Lease has
been duly executed and delivered.
30. Severability; Choice of Law. If any provision of this Lease shall be declared to be
void or unenforceable either by law or by a court of competent jurisdiction, the
validity or enforceability of remaining provisions shall not thereby be affected.
31. Brokers. Each party hereto represents and warrants to the other that it has not
dealt with any broker in connection with the Leased Premises or this Lease. Each
party hereto hereby indemnifies and holds the other harmless from and against
any liability for commissions due any broker of finder with whom such party has
dealt in connection with this Lease.
32. Mailings and Noticing. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent
by overnight mail (Federal Express or the like); or sent by registered or certified
mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage
prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy,
facsimile, fax or email; and shall be deemed received upon the earli of (i) if
personally delivered, the date of delivery to the address of the persoto receive
such notice; (ii) if sent by overnight mail, the business day following its depositin
such overnight mail facility; (iii) if mailed by registered, certified, or ordinary
mail, three (3) days (five (5) days if the address is outside the State of California)
after the date of deposit in a post office, mailbox, mail chute, or other like facility
regularly maintained by the United States Postal Service; (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges
prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent.
Any payment, notice, request, demand, direction, or other communication
delivered or sent as specified above shall be directed to the following persons:
11
2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attachment
To the Lessor:
Chris Zapata
City Manager
City of National City
1243 National City Boulevard
National City, California 91950-4301
Email: czapata@a,nationalcityca.gov
Phone: 619-336-4240
Fax: 619-336-4327
To the Lessee:
Danny Sherlock
President
Boys and Girls Clubs of Greater San Diego, Inc.
115 West Woodward
Escondido, CA 92025
Email: dsherlock(a�sdvouth.org
Phone: 760-746-3315
Fax: 760-740-0240
Withacopyto:
Claudia G. Silva
City Attomey
City of National City
1243 National City Boulevard
National City, California 91950-4301
Email: csilva@nationalcityca.gov
Phone: 619-336-4220
Fax: 619-336-4327
With a copy to:
Laura Bright, Esq.
White and Bright, LLP
970 Canterbury Place
Escondido, CA 92025
Email: lbright(aiwhiteandbright.com
Phone: 760-747-3200
Fax: 760-747-5574
33. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and
communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation,
or promise made by either party hereto, or by or to an employee, officer, agent, or
representative of any party hereto shall be of any effect unless it is in writing and
executed by the party to be bound thereby.
34. Construction. The parties acknowledge and agree that (i) each party is of equal
bargaining strength; (ii) each party has actively participated in the drafting,
preparation and negotiation of this Lease; (iii) each such party has consulted with
or has had the opportunity to consultwith its own, independent counsel and such
other professional advisors as such party has deemed appropriate, relative to any
and all matters contemplated under this Lease; (iv) each party and such party's
counsel and advisors have reviewed this Lease; (v) each party has agreed to enter
into this Lease following such review and the rendering of such advice; and (vi)
any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Lease, or any
portions hereof, or any amendments hereto.
35. No Agency. Nothing in this Lease Agreement shall cause or imply any agency
relationship or duty between Lessor and Lessee.
36. Counterparts. This Lease may be signed in counterparts.
12
2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
nttachmont 3
37. Recordation. This Lease may be recorded by either party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
executed by their duly authorized officers or representatives as of the day and year first above
written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
OVED AS TO FORM:
audia .i1va
City A :rney
THE BOYS & GIRLS CLUBS OF GREATER
SAN DIE
(Corporation • its o ! • orate officers)
anny Sherlock
President and CEO
By: iflityr-4,_
Robert Burson
Board Chairman
13 2011 Lease Between City of National City and
Boys and Girls Clubs of Greater San Diego
Attarhmant
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of San Diego )
On August 22, 2011, before me, Virginia Miller, Notary Public, personally appeared Ron
Morrison, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
4
e o No a P ry
VIRGINIA MILLER
Commission 0 1874999
Ni: Notary Public - California
Lc7,
►0' Rey Coon. EXRIMS Ow
San Obago Cep
Place Notary Seal Above
Attachment 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ;Vcfib
On 7-a.7Da� 11 v
personally appeared -ban 44
before me,
Here insert Name and Title of th Officer
l
-r Name(s)oft
Sfgner(s
, Notary PubLicy
LAURA 8. BRIGHT
Commission 1a 1824911
Notary Public - California a
San Diego County
M Comm. res Doc 22, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person, -whose name ^is/a e-
subscribed to the within instrument and acknowledged
to me that he4bef[Ier executed the same in
his/beP/thpir authorized capacity(iT ;, and that by
his/l�(4r/t#la4ir signature 'J on the instrument the
personf,,d), or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�,�y Signature:r
OP/y' 1 BOI�AL
Signature of Notary Publ,� is 1
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached D ument
Title or Type of Document:
Document Date: Number of Pages: /
J
Signer(s) Other Than Named Above:
Capaclty(Ies) Claimed by Signer(s)
Signer's Name: —001, r'1, tV7 Signer's Name:
❑ Corporate Officer — Title(s): :J Corporate Officer — Title(s):
0 Individual
0 Partner — LJ Limited 0 General
E. Attorney in Fact
C Trustee
fl Guardian or Conservator
fl Other:
fl Individual
• Partner — 0 Limited General
O Attomey in Fact
❑ Trustee
11 Guardian or Conservator
• Other:
Signer Is Representing:
RICIiT THuLiBPRINT"
9F'SIGNER
Signer Is Representing:
® 2009 Mahone) Notary Association • Nation&Notary.org • 1-800,US NOTARY (1-60-876-6827)
RIGITT Tfiurv1BPRINTT`
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Item 05907
Attachment 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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personally appeared
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before me, ('; 3� N of a�l�j ��.l t C ,
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,�ere rt Name jr,
of the Micas �J.J
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EMILY PIT
COMM. #1938258
Notary Public - California c
San Diego Coun
Corm 24 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(al whose name(s) is/ar,s subscribed to the
within instrument and acknowledged to me that
he/she1tl ey executed the same in his/4ter><ttieir authorized
capacity(ies), and that by his/Iterttreir signature(s) on the
instrument the person(, or the entity upon behalf of
which the person($)' acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Though the information below is not required by taw, It may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Numbe
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
C Individual
C Corporate Officer — Title(s):
❑ Partner — C Limited ❑ Gen
fl Attorney in Fact
❑ Trustee
D Guardian or Cons- ator
O Other
Signer Is - epresenting•
'RIGI T THUNIBPRINri
OFSIGNEn'
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ages:
Signer's Name:
0 Individual
D Corporate Officer — Title(s):
D Partner — O Limited L i General
D Attorney in Fact
❑ Trustee
0 Guardian or Conservator
D Other:
Signer Is Representing:
jRIGHTTHUMRPRINT:'!
OF.SIGNER
Top 01 thumb here
02007 National Notary Association • 9350 De Solo Ave., P.O.80(2402 •Chatsworth, CA 013i -2402 •.wvw.NatianelNotary.org Item 05907 Reorder: Cell Tolf-tree 1-800-876-6e27
Attachment 3
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 14th Street,
15th Street and C Avenue, described as follows:
COMNNIENCIfsiC 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'
11. Thence North 23° 22°
12. Thence North 37° 26'
13. Thence North 43° 43'
14. Thence North 51 ° 18'
15. Thence North 60° 34'
16. Thence North 16° 40'
17. Thence North 34° 52'
18. Thence North 71° 34'
fine of said Block4;
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 lrand urveyors Act.
Signature:
16" West, 15.13 feet;
20" East, 37.88 feet;
19" East, 69.13 feet;
42" East, 79.18 feet;
19" East, 19.29 feet;
10" East, 128.19 feet;
03" West, 41.65 feet;
24" East, 27.92 feet;
26" East, 89.80 feet to the Northerly prolongation of Easterly
Jo n R. Berggren, L.S. 6000
Lic nse Expires 12/31/2010
Date: January 4, 2009
Attachment 3
LINE TABLE
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
11
S71'56'15"W
249.51'
Li
S23'22'20"W
37.88'
L2
S28'47'57"W
16.17'
1...12
N37'26'19"E
69.13'
L3
S79'32'30"E
9.76'
113
N43'43'42"E
79.18'
L4
S88'10'29"E
10.10'
L14
N5118'19"E
19.28'
L5
N81'39`55"E
10.18'
L15
S60'34'10"W
12B.19'
L6
N68'32'00"E
48.87'
L16
S16'40'03"E
41.65'
L7
S71'20'52"E
29.69'
L17
S34'52'24"W
27.92'
L8
1467'43'17"W
19.80'
L18 .
S71'34'26"W
89.80'
L9
N6115'54"W
39.52'
L19
S17'47'04"E
266.11'
L10
S30'13'16"E
15.13'
BLOCK 3
L10
1')
/ 0 1 CURRENT SOUTHEAST
LEASE t;ORNER OF
( / n "IAA - AREA BLOCK 4 4.24'
l�
1 _
1' ✓ iii \
`� --...--
BEGINNING
0 POINT OF
\\`i L4 j -%�� BEGINNING
(9 r_'�
ffYY�0
C V
5
L3
L2
NEW LEASE AREA = 75,670 SF
Exhibit B
SCALE 1"= 100'
IN ASSOCIATION WITH:
TETRA TECH
BERGGREN & ASSOCIATES
LAND SURVEYING AND RIGHT Of WAY MAPPING
6046 CORNERSTONE COURT WEST #116
SAN DIEGO, CALIFORNIA 92121
(858) 824-0034 / (858) 824-0036
Attachment 3
EXHIBIT "C"
Depiction of the Premises
Club hereby Subleases to EC Services that portion of the Club's Facility as follows:
Sublease -BOYS' AND GIRLS' CLUBS
AND EC SERVICES
NATIONAL CITY BRANCH
29
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