HomeMy WebLinkAbout1999 CON CDC Curtis Engineering - Lease 830 W. 24th St.ORIGINAL
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into at National City, California this 2i Y-4
day of 1- e , 1999, by and between the Community Development Commission of the City
of National City, hereinafter referred to as "Lessor" and Curtis Engineering hereinafter referred to as
"Lessee".
ARTICLE I - PREMISES
DEMISED PREMISES. For, and in consideration of the rentals hereinafter agreed to be paid,
the Lessor, hereby leases to the Lessee, and Lecaep hereby leases from the Lessor, that certain
premises located at 803 W. 24th Street, National City CA 91950. A general plan of which is
attached hereto, as Exhibit "A", and on which is marked the demised premises.
ARTICLE II - TERM OF LEASE
2. TERM. The term of this lease shall be for a period of 6 months, commencing on February 1,
1999, and terminating on August 12, 1999. Lessee's obligation to pay rent commenced on the
date of close of escrow with the rental amount established herein prorated.
2.1 TENANT IMPROVEMENTS. Lessee shall be liable for all costs of Tenant
Improvements performed in the premises.
2.2 SURRENDER OF LEASED PREMISES. At the expiration of this lease or other
termination thereof; Lessee shall surrender the demised premises in good condition and
broom clean, reasonable wear and tear and damage by unavoidable casualty excepted
to the extent that the same is covered by Lessor fire insurance policy with extended
coverage endorsement.
ARTICLE III - RENTAL
3. RENTAL. Lessee shall pay Lessor, without deduction offset, or abatement, and Lessor agrees
to accept as rent for the premises, the sum of $220.00 per month, hereinafter, referred to as
"base monthly rent" payable on or before the first day of each month, commencing on February
1, 1999 and continuing on the first day of each month, thereafter, during the term of this lease.
3.1 LATE CHARGES. Lessee acknowledges that the late payment of any monthly
installment of rent, and other sums due, will cause Lessor to lose the use of that money
and incur costs and expenses not contemplated under this lease including, without
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limitation, adnunistiative and collection costs, and processing and accounting expense,
the exact amount of which is extremely difficult to ascertain. Therefore, if any such
money is not received by Lessor within five (5) days from the date it is due, Lessee
shall pay Lessor a late charge equal to ten percent (10%) of the amount of money due.
Lessor and Lessee agree that this late charge represents a reasonable estimate of such
costs and expenses and is fair compensation to Lessor for the Toss suffered from such
nonpayment by Lessee. Acceptance of any late charge shall not constitute a waiver of
Lessee's default with respect to such nonpayment by Lessee nor prevent Lessor from
exercising any rights or remedies available to Lessor under this lease.
ARTICLE IV - UTILITIES AND TAXES
PAYMENT FOR UT1L1'I'lhS. Lessee shall pay all rates and charges which become payable
for utility requirements, including gas, electricity, heating and air conditioning, water and
sewer, as well as telephone expenses for area occupied solely by Lessee.
4.1 PAYMENT OF TAXES. Lessor will pay in the first instance all real property taxes
and assessments which may be Levied or assessed by any lawful authority against the
land and improvements.
Lessee agrees to pay before the same become delinquent, any and all taxes, assessment,
license fees, and/or other charges made against, or levied upon, the trade fixtures,
Lessee's improvements, merchandise, or other personal property of Lessee, or upon the
business of or the use to which the premises are put by, the Lessee.
4.2 POSSESSORY INTEREST. This lease may create a possessory interest which is
subject to the payment of taxes levied on such interest. It is understood and agreed
that all taxes and assessments (including but not limited to said possessory interest tax)
which become due and payable upon Demised Premises or upon fixtures, equipment or
other property installed or constructed thereon, shall be the full responsibility of Lessee
and Lessee shall cause said taxes and assessments to be paid promptly.
ARTICLE V - USE OF PREMISES
5. LESSEE'S BUSINESS. The premises are leased to the Lessee for the purpose of operating a
ee �� business, including those things which are usually and customarily done in
StlYz�lQti similar businesses. Lessee will use said premises for no other purpose without written consent
EYitif>eet of Lessor first had and obtained. Lessee agrees to personalty supervise the operation of said
• business and to see it is conducted in a business -like and efficient manner and in such manner
, that it shall not become a public nuisance or interfere in any way with rights of the other tenants
or occupants of the land or building of which the leased premises are a part in their right to the
peaceful enjoyment of their premises and/or in said land or building; neither to use or permit to
be used, the leased premises for immoral purposes of in any way that would be a violation of
any Federal, State, or local law, regulation, or ordinance, that would injure the reputation of
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the premises, said land or building, or the neighborhood, or that would constitute a violation of
any conditions or restrictions of record affecting the leased premises or said land or building.
Lessee shall abide by all health and sanitation regulations and requirements.
5.1 COMPLIANCE WITH LAW. Lessee shall not use the premises or permit anything to
be done in or about the premises which will in anyway conflict with any law, statute,
ordinance or governmental rule or regulation now in force, or which may hereafter be
enacted or promulgated. Lessee shall, at its sole cost and expense, promptly comply
with all laws, statutes, ordinances and govemmental rules, regulations or requirements
now in force or which may, hereafter be in force, and with the requirements of any
board of fire underwriters or other similar bodies now or hereafter constituted relating
to, or affecting the condition, use or occupancy of the premises, excluding structural
changes not related to or affected by Lessee's improvements admission of Lessee in any
action against Lessee, whether Lessor be a party thereto, or not, that Lessee has
violated any law, statute, ordinance or governmental rule, regulation or requirement,
shall be conclusive of the fact as between the Lessor and the Lessee.
ARTICLE VI - ASSIGNMENT AND SUBLETTING
6. ASSIGNMENT AND SUBLETTING. Lessee shall, not either voluntarily or by operation of
law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease of any interest
therein, and shall not sublet the said premises, or any part thereof, or of any right or privilege
appurtenant thereto, or to suffer any other person (the employees, agents, servants, and invitees
of Lessee excepted) to occupy or use the said premises, or any portion thereof without the
written consent of Lessor first had and obtained, which consent shall not be unreasonably
withheld, and a consent to one assignment, subletting, occupation, or use by any other person
shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or
use by another person. Any such assignment or subletting, without such consent, shall be void,
and shall, at the option of the Lessor, constitute a default under this Lease.
6.1 EFFECT OF ASSIGNMENT. In the event of any assignment, subletting concessions
or licenses, Lessee herein named, shall remain fully liable for all of the obligations of
Lessee hereunder, and Lessee shall not thereby, be relieved of any of said obligations.
If this Lease be assigned, or if the leased premises, or any part thereof, be underlet or
occupied by anybody other than Lessee, Lessor may collect rent from the assigned,
under -tenant or occupancy, and apply the net amount collected to the net herein
reserved; but, no such assignment, underletting, occupancy, or collection, shall be
deemed a waiver of this covenant, or a release of Lessee from the further performance
by Lessee of covenants on the part of Lessee herein contained.
ARTICLE V II - ALTERATIONS, REPAIRS, AND MAINTENANCE
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ALTERATIONS AND FIXTURES. Lessee may, at Lessee's expense, install in or about the
premises, such additions, alterations, fixtures and equipment, as Lessee may desire; and, Lessee
may, if not in default, from time to time, remove, replace, alter or add, to any such additions,
alterations, fixtures, or equipment, provided that no such addition, alteration, removal, or
replacement shall structurally weaken, damage, or deface the premises. All fixtures and
equipment installed by Lessee shall be fully paid for by the Lessee, and shall be and remain the
property of the Lessee, and shall be removable by the Lessee during the term of this lease or
during any extension of the lease, if and when such extension is mutually agreed upon.
Removal of any of the said equipment or fixtures, shall be at the Lessee's expense; and, Lessee
shall repair and pay for said repair or any damage or injury to the premises caused by such
removal.
7.1 MAINTENANCE AND REPAIR Lessor shall have no responsibility for the expense
of, or work required for, maintenance or repair of the interior and exterior of the
premises, or any part, thereof, and, Lessee shall maintain the interior of the premises
and all improvements thereto in a good repair and agrees to maintain in good order and
condition all nonstructural interior portions of the demised premises, including without
limitation store fronts, show windows, doors, windows, plate and window glass, floor
coverings, plumbing, heating, air conditioning, electric and sewer systems, facilities and
appliances, and shall return the said premises to the Lessor in as good order and
condition at the termination of this lease as at the commencement hereof normal wear
and tear excepted. Nothing contained herein shall be construed to require tenant to
repair construction defects or malfunctions of equipment, which are covered by
warranty.
Lessee waives rights under Section 1942 of the California Civil Code to make repairs
at Lessor's expense.
7.2 GOVERNMENT REGULATIONS. In the event that during the term hereof any
alteration, addition, improvement, or change to the demised premises is required by any
government order, law, or the like, the cost thereof shall be borne solely by Lessee,
unless such is required because of the character and structure of the demised premises
without any reference to the particular use to which Lessee is putting the demised
premises; in which case, Lessor shall bear the cost thereof.
ARTICLE VIII - INDEMNITY AND PUBLIC LIABILITY INSURANCE
WAIVERS AND INDEMNITY. It is agreed that Lessor is to be free from all liability and
claim for damages by reason of any injury to persons or to property of any kind whatsoever
and to whomsoever belonging, caused by, or due to the negligence or intentional acts of
Lessee, its agents, servants, or employees. Lessee expressly covenants and agrees to indemnify
and save harmless Lessor from all liability, loss, cost, and obligations on account of or arising
out of any such injuries, death, or losses.
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8.1 LIABILITY IN URAN Lessee shall, . - see's
during the . re term . ' his Lease, a .. cy of comp
with • ,•ility limits : not less . 1 e Million
any liab• ' arising out • 'the owners •, use, occupanc
remises an • all areas a • enant them ., the limit o
however ' the liab• • of the Le : hereunder. L
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ensive public I- .•1 ity insurance
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8.2 HOLD HARMLESS. Lessee shall indemnify and hold harmless Lessor against and
from any and all claims arising from Lessee's use of the premises for the conduct of
its business or from any other activity, work, or other thing done, permitted, or
suffered by the Lessee in/or about the Building, except as caused by or due to the
negligence or intentional acts of Lessor, its agents, servants, or employees; and,
shall further indemnity and hold harmless Lessor against and from any and all
claims arising from any breach or default in the performance of any obligation on
Lessee's part to be performed under the terms of this Lease or arising from any act
or negligence of Lessee or any officer, agent, employee, guest, or invitee of Lessee
and from all and against costs, attorney's fees, expenses, and liabilities incurred in
or about any such claim, or any action, or proceeding brought thereon; and, in any
case, action, or proceeding, be brought against Lessor by reason of any such claim,
Lessee, upon notice from Lessor, shall defend the same at Lessee's expense by
counsel reasonably satisfactory to Lessor.
Lessor, or its agents, shall not be liable for any damage to property entrusted to
employees of the Building, nor for loss or damage to any property by theft or
otherwise, nor for any injury to or damage to persons or property resulting from fire,
explosion, falling plaster, steam, gas, electricity, water, or rain, which may leak from
any part of the Building or from the pipes, appliances, or plumbing works, therein or
from the roof, street, or subsurface or from any other place resulting from dampness or
other cause whatsoever, unless caused by or due from the negligence or intentional act
of Lessor, its agents, servants, or employees. Lessor or its agent, shall not be liable for
interference with the light or other incorporeal hereditament, loss of business by
Lessee, nor shall Lessor be liable for any defect in the premises or in the Building.
Lessee shall give prompt notice to Lessor in case of fire or accidents in the premises, or
in the Building, or of defects therein, or in the fixtures or equipment.
ARTICLE IX - FIRE INSURANCE AND RECONSTRUCTION
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9 FIRE INSURANCE. Lessor may keep the building of which the demised premises are a part,
insured against loss or damage by fire, with the usual extended coverage endorsements in
amounts not less than 80% of the full insurance value thereof.
9.1 RECONSTRUCTION. In the event the premises or the building of which the
premises are a part are damaged by fire or other perils covered by extended coverage
insurance, it is the intent of the Lessor to forthwith demolish said structure and
abandon this lease. No lease payment will be required thereafter.
The Lessee shall not be entitled to any compensation or damages from Lessor for loss
of the use of the whole or any part of the premises, tenant's personal property, or any
inconvenience or annoyance occasioned by such damage, reconstruction, restoration,
or demolition.
9.2 INCREASED RISK. Lessee will not do or permit anything to be done in or upon the
demised premises, or bring in anything or keep anything therein, which shall increase
the rate of insurance on the demised premises or the building of which they are a part
above the standard rate on said premises and building; and, Lessee further agrees that,
in the event it shall do any of the foregoing, it will promptly pay to Lessor on demand
any such increase resulting therefrom, which shall be due and payable as additional rent
hereunder.
ARTICLE X - DEFAULT OF LESSEE
10. DEFAULT. The occurrence of any one or more of the following events shall constitute a
default and breach of this Lease by Lessee:
A. The vacating or abandonment of the premises by Lessee.
The failure by Lessee to make any payment of rent, or any other payment required to
be made by Lessee hereunder, as and when due, where such failure shall continue for a
period of five (5) days after written notice thereof by Lessor to Lessee.
The failure by Lessee to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by the Lessee, other than
described in Section 10.(B) above, where such failure shall continue for a period of
thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to
be in default if Lessee commences such cure within said thirty (30) day period,
thereafter diligently prosecutes such cure to completion.
The making by Lessee of any general assignment or general arrangement for the benefit
of creditors; or the filing, by or against Lessee of a petition to have Lessee adjudge a
bankrupt, or a petition, or reorganization, or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed
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within sixty (60) days); or in the appointment of a trustee or a receiver to take
possession of substantially all of Lessee's assets located at the premises or of Lessee's
interest in this Lease, where possession is not restored to Lessee within thirty (30)
days; or the attachment, execution, or other judicial seizure of substantially all of
Lessee's assets located at the premises or of Lessee's interest in this Lease, where such
seizure is not discharge in thirty (30) days.
10.1 REMEDIES IN DEFAULT. In the event of any such material default, or breach by
Lessee, Lessor may at any time thereafter, with or without notice or demand, and
without limiting Lessor in the exercise of a right or remedy, which Lessor may have by
reason of such default or breach_
A. Terminate Lessee's right to possession of the premises by any lawful means, in
which case this Lease shall terminate and Lessee shall surrender possession of
the premises to Lessor. In such event, Lessor shall be entitled to recover from
Lessee, all damages incurred by Lessor by reason of Lessee's default, including
but not limited to the cost of recovering possession of the premises; expenses
of reletting including necessary renovation of the premises; reasonable
attorney's fees, and real estate commission actually paid; the worth at the time
of award by the court having jurisdiction thereof of the amount by which the
unpaid rent for the balance of the term after the time of such award exceeds the
amount of such rental Loss for the same period that Lessee proves could be
reasonably avoided; that portion of the leasing commission paid by Lessor
applicable to the unexpired term of this Lease. Unpaid installments of rent or
other sums shall bear interest from unpaid installments of rent or other sums
shall bear interest from the date due at the rate of ten percent (10%) per
annum. In the event Lessee shall have abandoned the premises, Lessor shall
have the option of (a) taking possion of the premises and recovering from
Lessee the amount specified in this paragraph, or (b) proceeding under the
provisions of the following section 10.1(B):
B. Even though a Lessee of real property has breached his lease and abandoned
the property, the lease continues in effect for so long as the Lessor does not
terminate the Lessee's right to possession; and, the Lessor may enforce all his
rights and remedies under the lease, including the right to recover the rent as it
becomes due under the lease, if the Lessor permits the Lessee to do any of the
following:
1. Sublet the property, assign his interest in the lease, or both.
2. Sublet the property, assign his interest in the lease, or both, subject to
standards or conditions; and, the Lessor does not require compliance
with any reasonable standard for, nor any unreasonable condition on,
such subletting or assignment.
Sublet the property, assign his interest in the lease, or both, with the
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consent of the Lessor; and, the lease provides that such consent shall
not unreasonably be withheld.
ARTICLE XI - QUIET ENJOYMENT
11. QUIET ENJOYMENT: The Lessor covenants and agrees that Lessee, upon payment of the
rental and other charges herein provided for, and upon performance and compliance with all
the other covenants, agreements, and conditions of this lease, shall lawfully and quietly hold,
occupy, and enjoy the premises during the term hereof, without hindrance or molestation by
Lessor or any person or persons claiming under Lessor, except as otherwise provided herein.
ARTICLE XII - LEGAL MATTERS AND MISCELLANEOUS
12. GOVERNING LAW. This Lease shall be governed exclusively by the provisions hereof and
by the laws of the State of California, as the same from time to time exist.
12.1 NOTICES. Whenever in this lease, a notice or demand is to be given or served by
either party to the lease, such notice or demand shall be given and served in writing,
forwarded by registered or certified mail, postage prepaid, and addressed as follows:
To Lessor.
To Lessee:
CURTIS ENGINEERING
803 W. 24i6 Street
National City, CA 91950
COMMUNITY DEVEI OPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
140 E. 12th Street, Suite "B"
National City, CA 91950
12.2 ATTORNEY FEES. In the event of the bringing of an action by either party hereto,
as against the other herein, or hereunder, or by reason of the breach of any covenant or
condition on the part of the other party or arising out of this Lease; then, in that event,
the party in whose favor final judgment shall be entered, shall be entitled to have and
recover of and from the other reasonable attorney fees to be fixed by the Court wherein
such judgment shall be entered.
12.3 JURY TRIAL. It is agreed between Lessor and Lessee that they shall, and hereby do,
waive trial by jury in any action, proceeding, or counterclaim brought by either of the
parties hereto against the other on any matters whatsoever arising out of or in any way
connected with this Lease, the use or occupancy of said premises, and/or any claim for
injury or damage.
12.4 FORCE MAJEURE. The period of time during which either party is prevented or
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delayed in the completion of the demised premises, in the performance of or the
making of any improvements or repairs, or in the fulfilling of any obligation required
under this Lease due to unavoidable delays caused by fire, catastrophe, strikes, or labor
trouble, civil commotion, Acts of God, or the public enemy, governmental prohibitions,
or regulations, or inability to obtain materials by reason thereof or other causes beyond
such party's reasonable control, shall be added to such party's time for performance
thereof, and, such party shall have no liability by reason thereof. Notwithstanding the
foregoing, Lessee shall not be excused for any reason from the prompt payment of all
rent and other money obligations.
12.5 TIME IS OF THE ESSENCE. Time is of the essence of this Lease and of all of its
provisions in which performance is a factor.
12.6 LIENS. Lessee shall keep the premises and the property in which the premises are
situated free from any liens arising out of any work performed, materials furnished, or
obligations incurred by Lessee. Lessor may require, at Lessor's sole option, that Lessee
shall provide to Lessor, at Lessee's sole cost and expense, a lien and completion bond
in an amount equal to one and one-half (1-1/2) times any and all estimated costs of any
improvements, additions, or alterations in the premises to insure Lessor against any
liability for mechanic's and materialmen's liens and to insure completion of the work.
12.7 HOLDING OVER. If Lessee remains in possession of the premises, or any part
thereof, after the expiration of the term hereof, without the express written consent of
Lessor, such occupancy shall be a tenancy from month -to -month at a rental in the
amount of the last monthly rental, plus ten percent (10%) and all other charges payable
hereunder, and upon all the terms hereof, applicable to a month -to -month tenancy.
12.8 ENTRY BY LESSOR. Lessor reserves and shall, at any and all times, have the right
to enter the premises, inspect the same, to submit said premises to prospective
purchasers or Lessee, to post notice of non -responsibility, and to alter, improve, or
repair the premises and any portion of the building of which the premises are a part that
Lessor may deem necessary or desirable, without abatement of rent and may for that
purpose, erect scaffolding and other necessary structures where reasonably required by
the character of the work to be performed, always providing that the entrance to the
premises shall not be blocked thereby, and further, that such work shall not interfere
with Lessee's business, occupancy, or quiet enjoyment of the premises. For each of the
aforesaid purposes, Lessor shall at all times have and retain a key with which to unlock
all of the doors in an emergency, in order to obtain entry to the premises without
liability to Lessee, except for any failure to exercise due care for Lessee's property.
Any entry to the premises obtained by Lessor by any of the said means, or otherwise
shall not under any circumstances, be construed or deemed to be a forcible or unlawful
entry into, or a detainer of the premises, or an eviction of Lessee from the premises or
any portion thereof.
12.9 SUBROGATION. As long as their respective insurers so permit, Lessor and Lessee
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hereby, mutually waive their respective rights of recovery against each other for any
loss insured by fire, extended coverage and other property insurance policies existing
for the benefit of the respective parties. Each party shall obtain any special
endorsements, if required by their insurer to evidence compliance with the
aforementioned waiver.
12.10 SUBORDINATION. This Lease shall be subordinate to any and all existing
encumbrances heretofore placed, and to all encumbrances hereafter, placed by Lessor
upon the leased premises, and Lessee agrees, upon written request, to execute,
acknowledge and deliver any and all instruments necessary or advisable to carry out
and effectuate any such subordination. In the event Lessor holds the leased premises
under any leases or tenancies, this Lease shall be subordinate to such leases or
tenancies.
12.11 WAIVER. It is agreed that any waiver by Lessor of any breach, of any one or more of
the covenants, conditions, or agreements of this Lease, shall not be construed to be a
waiver of any subsequent or other breach of the same or any other covenant, condition,
or agreement; nor shall any failure on the part of the Lessor to require exact or full,
complete and explicit compliance with any of the covenants, conditions, or agreements
in this Lease be construed as in any manner changing the terms hereof, or to estop
Lessor from enforcing the full provisions hereof nor shall the terms of this Lease be
changed or altered in any way whatsoever, other than by written amendment, signed by
both parties.
12.12 WASTE, ETC. Lessee agrees not to commit, or suffer to be committed, any strip or
waste of the leased premises. The parties mutually agree not to allow the premises to
be used for any purpose that will increase the rate or invalidate the insurance thereon,
not to keep thereon, any gasoline, distillate, or any kind of petroleum product or
combustible substance for use for heating, lighting or other purpose, and not to allow
the premises, or any part thereof to be used as living quarters by any person, except
with express written consent of Lessor.
12.13 OFFSET STATEMENT. Lessee shall, at any time and from time to time, not less than
three (3) days after written request from Lessor, execute, acknowledge, and deliver, to
Lessor a statement in writing, (a) certifying that this Lease is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and certifying
that this Lease, as so modified, is in full force and effect), and the date to which the
rental and other charges are paid in advance, of any, and (b) acknowledging that there
are not, to Lessee's knowledge, any uncured defaults on the part of the Lessor,
hereunder, or specifying such defaults if any are claimed. Any such statement may be
relied upon by any prospective purchaser or encumbrancer of all or any portion of the
real property of which the premises are a part.
12.14 PRIOR AGREEMENTS. This Lease contains all of the agreements of the parties
hereto, with respect to any matter covered or mentioned in this Lease, and no prior
agreements or understanding pertaining to any such matters, shall be effective for any
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purposes. No provision of this Lease may be amended or added to, except by an
agreement in writing signed by the parties hereto, or their respective successors in
interest. This Lease shall not be effective or binding on any party until fully executed
by both parties hereto.
12.15 INABILITY TO PERFORM. This Lease and the obligations of the Lessee hereunder,
shall not be affected by or impaired because the Lessor is unable to fulfill any of its
obligations hereunder, or is delayed in doing so, if such inability or delay is caused by
reason of strike, labor troubles, acts of God, or any reason beyond the reasonable
control of the Lessor.
12.16 SALE OF PREMISES. In the event of any sale of the building, Lessor shall be, and is
hereby, entirely freed and relieved of all liability under any and all of its covenants and
obligations contained in or derived form this Lease arising out of any act, occurrence,
or omission occurring after the consummation of such sale; and, the purchaser, at such
sale or subsequent sale of the premises shall be deemed, without any further agreement
between the parties or their successors in interest or between the parties and any such
purchaser, to have assumed and agreed to carry -out any and all of the covenants and
obligations of the Lessor under this Lease.
12.17 NOTICE OF NON -OCCUPANCY. Lessee agrees to notify Lessor in writing if at any
time during the term of this LeasP, the leased premises are to be unoccupied for more
than ten (10) days.
12.18 SEPARABILITY. Any provision of this Lease which shall prove to be invalid, void,
or illegal shall in no way affect, impair, or invalidate any other provision hereof, and
such other provision shall remain in full force and effect.
12.19 CUMULATIVE REMEDIES. It is agreed that the rights and remedies given to the
Lessor by this Lease are cumulative and are not intended and shall not operate to
deprive the Lessor of any other rights or remedies available to him whether in law or
equity or pursuant to special proceedings.
12.20 NAME. Lessee shall not use the name of the building or the development in which the
building is situated for any other purpose other than as an address of the business to be
conducted by the Lessee in the premises.
12.21 JOINT OBLIGATION. If there be more than one Lessee, the obligations hereunder,
imposed upon Lessee, shall be joint and several.
12.22 HEADINGS. The marginal headings and Article titles to the Articles of this Lease are
not a part of this Lease and shall have no effect upon the construction or interpretation
of any part hereof.
12.23 AUTHORITY OF PARTIES.
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A. Corporate Authority. If Lessee is a corporation, each individual executing this
Le2 Re on behalf of said corporation represents and warrants that he is duly
authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with a duly adopted resolution of the board of directors of said
corporation or in accordance with the by-laws of said corporation, and that this
Lease is binding upon said corporation in accordance with its terms.
B. Limited Partnerships. If the Lessor herein, is a limited partnership, it is
understood and agreed that any claims by Lessee on Lessor shall be limited to
the assets of the limited partnership; and, furthermore, Lessee expressly waives
any and all rights to proceed against the individual partners or the officers,
directors, or shareholders of any corporate partner, except to the extent of their
interest in said limited partnership.
12.24 SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
12.25 RULES AND REGULATIONS. Lessee shall faithfully observe and comply with the
rules and regulations that Lessor shall from time to time promulgate. Lessor reserves
the right from time to time to make all reasonable modifications to said rules. The
additions and modifications to those rules shall be binding upon Lessee upon delivery
of a copy of them to Lessee. Lessor shall not be responsible to Lessee for the
nonperformance of any said rules by any other tenants or occupants.
12.26 DEFINITIONS. All words used herein, in the singular number shall include the plural,
the present tense shall include the future tense, and the masculine gender shall include
the feminine and neuter genders. If more than one person executes this instrument as
Lessee, their obligations hereunder shall be joint and several. The term "Lessor" shall
include his agent, attorney, or authorized representative. The term "leased premises"
shall include all appurtenances thereto.
12.27 ADDENDA. Each addendum attached to this lease is incorporated herein and made a
part hereof as if fully set forth in the Lease Agreement. Each such addendum shall be
initialed by the parties hereto.
Page 12 of 13
IN WITNESS WHEREOF, Lessor and Lessee have executed this date effective as of the
date first above written.
LESSEE:
CURTIS ENGINEERING
CURTIS ENGINEERING CORP.
Dale Curtis, President
APPROVED AS TO FORM:
%iGeorgeH. City/CDC Attorney
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LESSOR
COMMUNITY DEVELOPMENT
COMMISSION
OF THE CITY OF NATIONAL CITY
Page 13 of 13
Paul ochers, Executive Director
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