2016/06/28 City Council Resolution 2016-65RESOLUTION NO. 2016-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND
RESTATED SITE LEASE AGREEMENT WITH THE COMMUNITY CHILD CARE
COUNCIL OF SONOMA COUNTY FOR CITY -OWNED SPACE LOCATED AT 1455
GOLF COURSE DRIVE EFFECTIVE JULY 1, 2016 AND SUPERSEDE RESOLUTION
NO. 2013-147
WHEREAS, the City of Rohnert Park ("City) owns the property located at 1455 Golf
Course Drive, where the Gold Ridge Recreation Center is located; and
WHEREAS, the Community Child Care Council of Sonoma County (4Cs), a non-profit
organization, began leasing space at the Gold Ridge site in November 2013 to operate a part -day,
part -year preschool program serving 48 low-income three and four year olds; and
WHEREAS, the City has an existing lease with 4Cs for 1,650 square feet with a net rent
of nine -hundred twenty eight dollars ($928); and
WHEREAS, 4Cs desires leasing an additional 2,400 square feet to expand its preschool
services to include a full-day, full year program to serve an additional 48 low-income preschool
age children; and
WHEREAS, 4Cs has received funding to provide capital improvements to the building
they are requesting to lease; and
WHEREAS, the Project is categorically exempt from the requirements of the CEQA
pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of
the CEQA Guidelines. (14 Cal. Code Regs. §§ 15301, 15302); and
WHEREAS, the City Council has determined that an amended and restated site lease
agreement would be beneficial to the City by providing additional revenue, leveraging funds for
needed facility improvements, and mitigating blight at the facility; and
WHEREAS, the amended and restated site lease agreement will be for a period of ten
(10) years with a monthly base rent of three -thousand one hundred nineteen dollars ($3,119), less
capital improvement amortization of two -thousand five dollars ($2,005), for a net rent of one -
thousand one hundred fourteen dollars ($1,114); and
WHEREAS, the amended and restated site lease agreement with 4Cs will supersede the
existing lease agreement effective July 1, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an amended and restated site lease agreement by
and between the Community Child Care Council of Sonoma County (4Cs), a non-profit
corporation, and the City of Rohnert Park, a municipal corporation, for the City -owned facility
located at 1455 Golf Course Drive in substantially similar form as provided for in "Exhibit A,"
attached hereto and incorporated by this reference, subject to minor modifications as approved
by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute all documents pertaining to the Lease Agreement for and on behalf of the
City of Rohnert Park and to take all action necessary or reasonably required to carry out, give
effect to, and/or consummate the transactions contemplated by this Resolution.
DULY AND REGULARLY ADOPTED this 28th day of June, 2016.
CITY OF ROHNERT PARK
Gina B lfrte, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: . ( CALLINAN: A- 7 C STAFFORD: AWrTf MACKENZIE: AV BELFORTE: A Sen
AYES: ( ,«) NOES: ( o ) ABSENT: (.-1) ABSTAIN: ( )
(2)
2016-65
"Exhibit A"
Amended and Restated Site Lease Agreement with
Community Child Care Council of Sonoma County
(3)
2016-65
lir 41
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AMENDED AND RESTATED SITE LEASE AGREEMENT
This Amended and Restated Site Lease Agreement (this "Lease") is made and entered into as of
this 1st day of July 2016 (the "Agreement Date"), by and between the City of Rohnert Park, a
municipal corporation ("Landlord" or "City") and the Community Child Care Council of Sonoma
County (4Cs), a non-profit corporation ("Tenant"). Landlord and Tenant are hereafter
collectively referred to as the "Parties."
RECITALS
A. Landlord owns real property located at 1455 Golf Course Drive, Rohnert Park, California
(the "Property"), as more particularly described in Exhibit A attached hereto and incorporated
herein by this reference.
B. The Property includes certain rentable space (the "Premises"), as depicted in Exhibit B
attached hereto and incorporated herein by this reference.
C. Landlord and Tenant previously entered into that certain Site Lease Agreement dated of
November 8, 2013, whereby Tenant agreed to lease a portion of the Premises ("Original Lease").
D. Landlord and Tenant now desire to amend and restate the Original Lease to incorporate
the lease of two additional classrooms, or an additional 2,400 square feet, with such new leased
area depicted on Exhibit B as the Premises, conditioned upon the terms herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Agency and the Tenant hereby agree as follows:
ARTICLE I.
BASIC LEASE PROVISIONS
1.1. Landlord's contact information:
City of Rohnert Park
City Manager
130 Avram Avenue
Rohnert Park, CA 94928
1.2. Tenant's contact information:
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Community Child Care Council of Sonoma County
Melanie Dodson, Executive Director
131-A Stony Circle, Suite 300
Santa Rosa, Ca 95401
1.3. Rented Area - The Premises, commonly described as Gold Ridge Recreation Center,
depicted in Exhibit B.
1.4. Term — Ten (10) years from Agreement Date, unless earlier terminated in accordance
with this Lease.
1.5. Expiration Date - The last day of the month in which the term ends.
1.6. Termination of Lease Agreement - This Agreement and all obligations hereunder may be
terminated at any time, with or without cause, by either party upon sixty (60) days' written
notice. The Parties agree that the property will be intended for use as a licensed adult day
program and subject to regulations enforced by the Department of Social Services, Community
Care Licensing. At any time, should Tenant show evidence to City that the facility cannot meet
the requirements for a licensed day program, Tenant may terminate the agreement with sixty (60)
days' notice. The cost of any improvements made as part of this Agreement shall remain the
responsibility of the Tenant.
1.7. Option(s) to Extend Term - The Parties may jointly agree to extend the Term for a
maximum of three additional years, pursuant to the terms herein. The party seeking to extend the
Term must give the other party written notice of its intent to extend the Term not less than ninety
(90) days prior to the Expiration Date.
1.8. Base Rent - $3,119.00/month. Tenant shall submit recurring monthly rental payments to
Landlord as outlined in Section 4.1. Tenant's net base rent is calculated at $.77/sq. ft. less
$2,005.00/month for $240,624 in Tenant Improvements for a total Net Base Rent payment of
$1,114.00/month for the 10 -year term of the agreement. Tenant's base rent shall include
services for water, sewer, and electrical usage.
1.9. Security Deposit - Equal to one month's rent (pre -paid). Cleaning/Repair Deposit:
$500.00.
1.10. Permitted Areas of Use -Building area described is the entire portable building located in
the north-west corner of the property (see Exhibit B: Map of Premises); also includes restroom
and use of the outside playground area.
ARTICLE II.
DEFINITIONS
As used in this Lease, the following terms shall have the definitions set forth below.
Additional terms are defined in the remainder of this Lease.
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2.1. Alterations — means any decorations, modifications, additions, or improvements made in,
on, about, under or contiguous to the Premises by or for the benefit of Tenant including but not
limited to, telecommunications and/or data cabling, lighting, HVAC, and electrical fixtures,
pipes and conduits, partitions, cabinetwork, and carpeting.
2.2. Additional Rent — an amount equal to ten percent (10%) of overdue amount of Rent as
described in Section 4.13.
2.3. Applicable Laws — is defined in Section 5.4
2.4. Building — the buildings, accessory structures and other improvements located at 1455
Golf Course Drive, Rohnert Park, Ca 94928.
2.5. Environmental Laws — defined in Section 6.5
2.6. Event of Default — failure of tenant to pay Rent as subscribed in Section 4.14
2.7. Hazardous Material is defined in Section 6.5.
2.8. Premises - the rented premises shown on Exhibit B.
2.9. Property - real property located at 1455 Golf Course Drive, Rohnert Park, Ca 94928.
2.10. Rent — the monthly amount payable per Section 1.9.
2.11. "Rules and Regulations" - the Rules and Regulations set forth in Exhibit C attached
hereto as such may be modified or amended from time to time by Landlord.
2.12. Term - the term of this Lease as set forth in Section 1.4 as such may be modified pursuant
to the terms hereof.
2.13 Tenant Improvements — Those capital improvements to the Premises shown in Exhibit E
hereto.
ARTICLE III.
PREMISES AND TERM
3.1. Leased Premises - Subject to and upon the terms and conditions set forth herein,
Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from
Landlord. Tenant acknowledges that Landlord has made no representation or warranty regarding
the condition of the Premises, the Building or the Property and the Premises are being leased AS-
IS with all faults. The Parties agree that, based upon their own inspection and estimates, the total
estimated square footage of the Premises is 4,050 square feet, notwithstanding any minor
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variations in measurement or other minor variations that may have occurred in the calculation
thereof.
3.2. Tenant Improvements. Tenant intends to improve the Premises by constructing the
Tenant Improvements. The Parties agree that the Tenant Improvements shall be constructed as
provided for in this Lease, including Sections 14.4 and 14.5 below. The Parties estimate the
value of the Tenant Improvements as $231,000, with a balance of $9,624 from the Original
Lease, and that in consideration thereof the Rent payable under this Lease shall be adjusted as
more particularly provided for in Section 1.8. The Parties further agree that: (a) the actual costs
to complete the Tenant Improvements may significantly exceed the estimate and/or value added
to the Premises; (b) the estimate in no way limits Tenant's financial obligation or entitles Tenant
to any other adjustment in the Rent; and (c) that Tenant is solely responsible for the costs,
expenses and liability of the Tenant Improvements including applicable permitting, planning,
and inspection fees.
3.3. Term - The Term shall be for the period set forth in Section 1.4 as the same may be
extended in accordance with the terms herein.
3.4. No Representation - Tenant acknowledges that neither Landlord nor any of Landlord's
agents has made any representation or warranty as to the suitability or fitness of the Premises for
the conduct of Tenant's business, and that neither Landlord nor any agent of Landlord has agreed
to undertake any alterations or additions or to construct any tenant improvements to the Premises
except as expressly provided in this Lease.
ARTICLE IV.
RENT, OPERATING EXPENSES, AND DEPOSITS
4.1. Monthly 'Rent - Tenant shall pay to Landlord for each calendar month of the Term, the
monthly Rent set forth in Section 1.9. Each monthly installment of Rent shall be due and
payable to Landlord in advance on the first (1st) day of each calendar month during the Term
without abatement, deduction, claim or offset except as otherwise expressly provided herein, and
without prior notice, invoice or demand, at Landlord's address or such other place as Landlord
may designate from time to time.
4.2. Proration - Monthly installments for any fractional calendar month at the beginning or
end of the Term shall be prorated based on the number of days in such month.
4.3. Additional Rent — All Additional Rent shall be due and payable upon date of incurrence.
4.4. Late Charge - Tenant acknowledges that the late payment of Rent will cause Landlord to
incur administrative costs and other damages, the exact amount of which would be impractical or
extremely difficult to ascertain. Landlord and Tenant agree that if Landlord does not receive any
payment of Rent within ten (10) calendar days after such payment is due; Tenant shall pay to
Landlord as Additional Rent an amount equal to ten percent (10%) of the overdue amount as a
late charge for each month or partial month that such amount remains unpaid. The Parties
acknowledge that this late charge represents a fair and reasonable estimate of the costs that
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Landlord will incur by reason of the late payment by Tenant. Landlord's acceptance of any late
payment and/or late charge therefore shall not be deemed to prevent Landlord from exercising
any of the other rights and remedies available to Landlord for any other Event of Default under
this Lease.
ARTICLE V.
USE OF PREMISES
5.1. Permitted Use - The Premises shall be used solely for the purpose as specifically zoned in
the City's Zoning Ordinance and for no other purpose without the written consent of Landlord,
which may be granted or withheld in Landlord's sole discretion. Tenant shall not do or suffer or
permit anything to be done in or about the Premises or the Property, nor bring or keep anything
therein that would in any way subject Landlord to any liability, increase the premium rate of or
affect any fire, casualty, rent, or other insurance relating to the Property or any of the contents of
the Building, or cause a cancellation of or give rise to any defense by the insurer to any claim
under, or conflict with any policies for such insurance. If any act or omission of Tenant results
in an increase in insurance premiums for Landlord, Tenant shall pay to Landlord upon demand
the amount of such increase.
5.2. Signage- - Tenant shall obtain the prior approval of the Landlord, which approval may be
withheld in Landlord's reasonable discretion, before placing any sign or symbol on doors or
windows or elsewhere in or about the Premises so as to be visible from the public areas or
exterior of the Building, or upon any other part of the Building or Property, including building
directories. Any signs or symbols which have been placed without Landlord's approval may be
removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant
shall be removed and any damage resulting there from shall be promptly repaired by Tenant, or
such removal and repair at Landlord's sole discretion may be done by Landlord and the cost
charged to Tenant.
5.3. RLdes and Regulations - Tenant shall comply with the Rules and Regulations attached
hereto as Exhibit C and any amendments or additions thereto promulgated by Landlord from
time to time for the safety, care and cleanliness of the Premises, Building and Property. Tenant
shall not use or permit any person to use the Property, the Building, or the Premises for any
purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that
constitutes waste or nuisance, or that would unreasonably annoy or interfere with other
occupants or the Building or the Property. Landlord shall not be responsible to Tenant for the
nonperformance or noncompliance by any other tenant or occupant of the Building of or with
any of the Rules and Regulations. In the event of any conflict between the provisions of this
Lease and the provisions of the Rules and Regulations, the provisions of this Lease shall control.
5.4. Compliance with Laws - Tenant shall procure and maintain all governmental approvals,
licenses and permits required for the proper and lawful conduct or Tenant's permitted use of the
Premises, including without limitation, compliance with all federal, State and local regulatory
agencies requirements. Tenant shall comply with and shall not use the Premises, the Building or
the Property, or suffer or permit anything to be done in or about the same which would in any
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way conflict with any of the following (collectively "Applicable Laws"): (i) the provisions of all
recorded covenants, conditions and restrictions applicable to the Building or the Property, or (ii)
any federal, state, county, local or other governmental agency rules, regulations, statutes,
ordinances, orders, standards, requirements or laws now in force or hereafter enacted,
promulgated or issued which are applicable to the Building Services, Property, Premises, the
Building, or the use or occupancy thereof including without limitation, programming content and
distribution, instructional standards, building, zoning, and public safety and fire code regulations.
5.5. Repairs and Replacements - Tenant shall repair and maintain the Premises, in an order
and condition in compliance with Applicable Laws and Tenant shall, at Tenant's sole expense,
promptly make all repairs, replacements, alterations, or improvements necessary to comply with
all Applicable Laws to the extent that such Applicable Laws are triggered by or relate to (i)
Tenant's particular use of the Promises, and/or (ii) any improvements or alterations made by or
on behalf of Tenant to the Premises or the Building. If Tenant fails to maintain or keep the
Premises in good repair, Landlord may, at Landlord's option and after providing Tenant no less
than thirty (30) days' prior written notice, perform any such required maintenance and repairs
and within ten days after receipt of Landlord's invoice thereof, Tenant shall pay Landlord's costs
incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse
Landlord for all overhead, general conditions, fees and other costs and expenses in connection
therewith. Except to the extent Tenant is expressly obligated to do so pursuant to this Lease,
Landlord shall, at Landlord's sole expense, make all repairs, replacements, alterations, or
improvements necessary to comply with all Applicable Laws as in effect as of the Effective Date
to the extent that (i) such Applicable Laws relate to the exterior or structural portion of the
Building, and (ii) the requirement to undertake such repairs, replacements, alterations, or
improvements is not triggered as a result of Tenant's particular use of the Premises.
5.6. Parking - Landlord hereby grants to Tenant a nonexclusive license and right, in common
with Landlord and all persons conducting business in the Building and their respective
customers, guests, licensees, invitees, employees and agents, to use the parking area located on
the Property for vehicular parking, on a "first-come, first-served" basis. The nonexclusive
license and right granted pursuant to this Section shall be subject to the Rules and Regulations.
ARTICLE VI.
ENVIRONMENTAL MATTERS
6.1. Use of Hazardous Materials - Tenant shall not cause or permit any Hazardous Material,
as defined in Section 6.5, below to be generated, brought onto, used, stored, or disposed of in or
about the Premises, the Building or the Property by Tenant or Tenant's agents, employees,
contractors, subtenants or invitees (collectively "Tenant Parties"), except for limited quantities of
standard office and janitorial supplies, which Tenant shall use, store and dispose of in strict
compliance with all Environmental Laws, as defined in Section 6.5 below. Tenant shall comply
with all Environmental Laws.
6.2. Notice of Release: or Investi ation — If, during the Term (including any extensions),
Tenant becomes aware of (a) any actual or threatened release of any Hazardous Material on,
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under, or about the Premises, the Building or the Property, or (b) any inquiry, investigation,
proceeding, or claim by any government agency or other person regarding the presence of
Hazardous Material on, under, or about the Premises, the Building, or the Property, Tenant shall
give Landlord written notice of the release or investigation within three (3) days after learning of
it and shall simultaneously furnish to Landlord copies of any claims, notices of violation, reports,
or other writings received by Tenant that concern the release or investigation.
6.3. lndeninifieation - Tenant shall defend (with counsel acceptable to Landlord), indemnify
and hold harmless Landlord and Landlord's elected and appointed officers, officials, employees,
agents, and representatives (collectively, "Indemnitees") from and against any and all liabilities,
losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, legal or
administrative proceedings, judgments, costs and expenses (including without limitation
reasonable attorneys' fees and expenses, court costs, expert witness fees and post judgment
collection costs) (collectively, "Claims") resulting or arising from or in connection with any
release of any Hazardous Material in or about the Premises, the Building, or the Property (unless
such release is caused by Indemnitees) or any other violation of any Environmental Law by
Tenant, or Tenant Parties. This indemnification includes: (i) losses attributable to diminution in
value of Premises or the Building; (ii) loss or restriction of use of rentable space in the Building;
(iii) adverse effect on the marketing of any space in the Building; and (iv) all other liabilities,
obligations, penalties, fines, claims, actions (including remedial or enforcement actions,
administrative or judicial proceedings, orders, or judgments), damages (including consequential
and punitive damages), and costs (including attorney, consultant, and expert fees and expenses)
resulting from the release or violation. This indemnity shall not extend to Claims to the extent
they are caused by the gross negligence or willful misconduct of Indemnitees. The provisions of
this Section shall survive the expiration or termination of this Lease.
6.4. Remediation Obligates - If the presence of any Hazardous Material brought onto the
Premises or the Building by Tenant or Tenant Parties results in contamination of the Building,
Tenant shall promptly take all necessary actions to remove or remediate such Hazardous
Materials, whether or not they are present at concentrations exceeding state or federal maximum
concentration or action levels, or any governmental agency has issued a cleanup order, at
Tenant's sole expense, to return the Premises and the Building to the condition that existed
before the introduction or such Hazardous Material. Tenant shall first obtain Landlord's
approval of the proposed removal or remedial action. This provision does not limit the
indemnification obligation set forth in Section 6.3.
6.5. Definition of Hazardous Material and Environmental haws - As used in this Lease, the
term "Hazardous Material" means any hazardous or toxic substance, material, or waste at any
concentration that is or becomes regulated by the United States, the State of California, or any
government authority having jurisdiction over the Building Hazardous Material includes: (a) any
"hazardous substance," as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S. Code §§ 9601-9675); (b) "hazardous waste,"
as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S. Code §§ 6901-
6992k); (c) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or
substance, within the meaning of any other applicable federal, state, or local law, regulation,
ordinance, or requirement (including consent decrees and administrative orders imposing
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liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance,
or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material,
including any source, special nuclear, or byproduct material as defined in 42 U.S. Code §§ 2011-
2297g-4; (f) asbestos in any form or condition; and (g) polychlorinated biphenyls ("PCBs") and
substances or compounds containing PCBs. As used in this Lease, the term "Environmental
Laws" means all federal, state and local laws, ordinances, regulations, rules, orders and
directives pertaining to Hazardous Materials, including without limitation, the laws, statutes, and
regulations cited in this Section 6.5; as any of the foregoing may be amended from time to time.
ARTICLE VII.
OBLIGATIONS FOR UTILITIES AND SERVICES
7.1. Building Services - Landlord shall supply Utility Services and Maintenance Services
described below in accordance with this Article VII. Utility Services and the Maintenance
Services are collectively referred to as "Building Services." Except as otherwise provided herein,
the cost of all Building Services shall be paid by Tenant as Additional Rent in the manner set
forth in Section 4.3.
7.1.1 UtiliLN Services - Landlord shall furnish the utility services listed in this Section ("Utility
Services") except to the extent that Tenant has separately contracted for the provision of such
services. On a schedule to be selected by Tenant ("'Scheduled Utility Hours") Landlord shall
supply: (i) electricity for lighting and power suitable for use of the Premises for ordinary general
office purposes; (ii) air conditioning and heating as required in Landlord's reasonable judgment
for the comfortable use and occupancy of the Premises for ordinary general office purposes; (iii)
water for drinking and lavatory purposes; and (iv) regular sewer service. If Landlord determines
Tenant's electrical usage is excessive, Landlord may at its option require Tenant to pay as
Additional Rent the cost as reasonably determined by Landlord incurred by such extraordinary
usage. In addition, Landlord may install separate meter(s) for the Premises for water and
electrical services, at Landlord's expense, and Tenant thereafter shall pay all charges for the
metered service based on actual usage. If Landlord elects to install a separate meter for water
and/or electrical service to the Premises, then following the installation of such meter(s), an
average monthly usage will be determined, using three months metered usage. If the three--
month metered usage shows that Tenant paid more in monthly charges prior to the installation of
meters than Tenant would have paid had a meter(s) been installed, then Landlord will give
Tenant a "utility credit" for the amount of any excess payment, which shall be applied against
future utility charges. If the three-month metered usage shows that Tenant has paid less in
monthly charges prior to the installation of meters than Tenant would have paid had a meter(s)
been installed, then Tenant shall pay any additional amount that is owed based on such
underpayment. If such Building Services (including without limitation HVAC service) are
requested by Tenant during times other than the Scheduled Utility Hours, Landlord shall use
reasonable efforts to furnish such additional Building Services upon reasonable notice from
Tenant, and Tenant shall pay Landlord's charges for such Services on demand as Additional
Rent. Such charges shall be based on Landlord's actual costs together with such reasonable
administration charges as Landlord may impose in connection therewith, with after-hours HVAC
services being charged on a per -hour basis at the hourly rate established by Landlord from time
to time for the Building (which hourly rate may be based on the cost of utilities, wear and tear on
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the HVAC systems and Landlord's administration), Tenant shall cooperate with any present or
future government conservation requirements and with any reasonable conservation practices
established by Landlord.
7.1.2 Maintenance Services - Landlord shall provide maintenance of all exterior areas of the
Building and the Property, (collectively, "Maintenance Services") including without limitation:
(i) painting, maintenance and repair of the Building exterior, (ii) maintenance and repair of the
Building infrastructure's mechanical, electrical, HVAC and plumbing equipment and systems,
and the Building structural components including the roof, foundation, floors and walls, and (iii)
maintenance of all public and common areas of the Building and the Property including parking
lots, walkways, driveways, utility systems, fire sprinklers, and corridors. Tenant shall be
responsible for janitorial service to the Premises and window cleaning.
7.2. Interruption of 'Services - Tenant agrees that Landlord shall not be liable for damages, by
abatement of Rent or otherwise, for failure to furnish or delay in furnishing any Building Service
or for diminution in the quality or quantity of any service when the failure, delay, or diminution
is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b)
strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel
at the Building after reasonable effort to do so; (d) accident or casualty; (e) act or default of
Tenant or other parties; or (f) any other cause beyond Landlord's reasonable control. Such
failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of
Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing
any of its obligations under this Lease. Landlord may comply with mandatory or voluntary
controls or guidelines promulgated by any government entity relating to the use or conservation
of energy, water, gas, light, or electricity without creating any liability of Landlord to Tenant
under this Lease as long as compliance with voluntary controls or guidelines does not materially
and unreasonably interfere with Tenant's use of the Premises.
7.3. Compliance with Applicable Laws - Landlord and Tenant shall each comply with (and
shall cause their respective employees, agents and contractors to comply with) all Applicable
Laws, including without limitation all Environmental Laws, whenever either party undertakes
any work of construction, alteration or improvement in the Premises or the Building.
7.4. Stattitvty Notice Possessory Interest Tax - Tenant is advised that under California
Revenue and Taxation Code Section 107.6, execution of this Agreement may create a possessory
interest in Tenant subject to property taxation. Tenant hereby agrees that if such possessory
interest is created and is subject to property taxation, Tenant shall be solely responsible for the
payment of said property taxes levied on any such interest.
ARTICLE VIII.
ALTERATIONS AND ADDITIONS
8.1. Alterations and Improvements — Except for the Tenant Improvements, Tenant may not
make any Alterations to the Premises or Building without the prior written approval of Landlord.
Any Landlord -approved Alterations shall be done at Tenant's expense, in a good and
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workmanlike manner, in conformity with plans and specifications reviewed and approved by
Landlord, and in compliance with all Applicable Laws. Tenant shall obtain all necessary
governmental approvals and permits for such Alterations. Tenant shall give Landlord not less
than ten (10) business days' notice prior to the commencement of construction so that Landlord
may post a notice of non -responsibility on the Premises. In no event shall any Alteration:
(i) affect the exterior of the Building,
(ii) affect any structural portion of the Building, including without limitation, the roof,
(iii) require any change to the basic floor plan of the Premises or any change to the structural
or mechanical components of the Premises,
(iv) diminish the value of the Premises,
(v) result in an increase in demand for Building Services,
(vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord,
or
(vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air
conditioning, electrical or other basic systems that serve the Building.
8.2. Liens - Tenant shall not permit any mechanics', suppliers' lien or other liens, to be filed
against the Building or the Property or against Tenant's leasehold interest in the Premises.
Landlord has the right at all times to post and keep posted on the Premises any notice that it
considers necessary for protection from such liens. If Tenant fails to cause the release of record
of any lien(s) filed against the Premises or Tenant's leasehold estate therein, by payment or
posting of a proper bond within ten (10) days from the date of the lien filing(s), then Landlord
may, at Tenant's expense, cause such lien(s) to be released by any means Landlord deems proper,
including but not limited to payment of or defense against the claim giving rise to the lien(s). All
sums reasonably disbursed, deposited or incurred by Landlord in connection with the release of
the lien(s), including but not limited to all costs, expenses and attorney's fees, shall be due and
payable by Tenant to Landlord as Additional Rent on demand by Landlord.
ARTICLE IX.
INSURANCE AND INDEMNITY
9.1. Indemnity - To the fullest extent permitted by law, Tenant shall defend (with counsel
reasonably acceptable to Landlord), indemnify and hold Indemnitees harmless from and against
any and all Claims arising out of or relating directly or indirectly to this Lease or the Premises
(including without limitation, Claims for or relating to loss of or damage to property, injury or
death of any person, and economic losses and consequential or resulting damage of any kind),
including any Claim arising from or in connection with or in any way attributable to: (i) the use
or occupancy, or manner of use or occupancy of the Premises, the Building or the Property by
Tenant or the Tenant Parties, (ii) any act, error, omission or negligence of Tenant or Tenant
Parties or any invitee, guest or licensee of Tenant in, on or about the Property including without
limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in
connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or
relate to, any act or omission of Tenant or Tenant Parties, (iii) any activity, work, or thing done,
omitted, permitted, allowed or suffered by Tenant or Tenant Parties in, at, or about the Premises,
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the Building or the Property, and/or (iv) any breach or default in performance of any obligation
on Tenant's part in the performance of any covenant or agreement to be performed under this
Lease, except to the extent caused by the sole gross negligence or willful misconduct of the
Indemnitees. The provisions of this Section shall not be construed or interpreted as restricting,
limiting or modifying Tenant's insurance obligations under this Lease and are independent of
such obligations. Tenant's compliance with insurance requirements set forth in this Lease shall
not restrict, limit or modify Tenant's indemnification obligations hereunder. The provisions of
this Section shall survive the expiration or earlier termination of this Lease.
9.2. Tenant's Insurance - Tenant shall, at its sole expense, procure and maintain throughout
the Term (plus any later periods where Tenant may be in occupancy of the Premises) all of the
insurance coverage, of the type and amounts as described in Exhibit D, attached.
ARTICLE X.
ASSIGNMENT AND SUBLETTING
10.1. Landlord's Consent Required - Tenant shall not directly or indirectly, voluntarily or
involuntarily, by operation of law or otherwise, assign, mortgage, pledge, encumber or otherwise
transfer this Lease, or permit all or any part of the Premises to be subleased or used or occupied
for any purpose by anyone other than Tenant without the prior written consent of Landlord,
which consent shall not be unreasonably withheld or delayed. Any assignment or sublease
without Landlord's prior written consent shall, at Landlord's option, be void and shall constitute
an Event of Default entitling Landlord to terminate this Lease and to exercise all other remedies
available to Landlord under this Lease and at law.
10.2. Iwo [release of Obliatg ions - The consent by Landlord to an assignment or subletting
hereunder shall not relieve Tenant or any assignee or subtenant from the requirement of
obtaining Landlord's express prior written consent to any other or further assignment or
subletting. No subtenant may assign its sublease, or further sublet its subleased premises,
without Landlord's prior written consent, which consent may be withheld in Landlord's sole
discretion. Neither an assignment or subletting nor the collection of rent by Landlord from any
person other than Tenant shall be deemed a waiver of any of the provisions of this Article or
release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and
primarily liable for all of Tenant's obligations under this Lease.
ARTICLE XI.
DAMAGE AND DESTRUCTION
11.1. Repair and Restoration, Termination Rights - If all or part of the Premises is damaged by
fire or other casualty, or if the Building is so damaged that access to or use and occupancy of the
Premises is materially impaired, within forty-five (45) days of the date of the damage, Landlord
shall notify Tenant of the estimated time, in Landlord's reasonable judgment, required for repair
or restoration ("Repair Period"). If the estimated Repair Period is one hundred eighty (180) days
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or less, Landlord shall proceed promptly and diligently to repair or restore the Premises or the
portion of the Building necessary for Tenant's occupancy, and this Lease shall remain in effect,
except that for the time unusable, Tenant shall receive a Rent abatement for that part of the
Premises rendered unusable in the conduct of Tenant's business. If the estimated Repair Period
is in excess of one hundred eighty (180) days from the date of the casualty, Landlord, at its
option, shall either (a) commence to repair the damage, in which case this Lease shall continue in
full force and effect, or (b) terminate this Lease as of the date specified by Landlord in a notice
of termination, and this Lease shall terminate on the date specified in the notice.
11.2. Dainage Near End of Tenn - Notwithstanding anything to the contrary set forth in this
Article, if the Premises or the Building are damaged during the last twelve (12) months of the
Term, Landlord and Tenant shall each have the option to terminate this Lease by giving written
notice to the other of the exercise of that option within thirty (30) days after the damage or
destruction, and this Lease shall terminate as of the date specified in such notice which shall not
be before the date of such notice nor more than 30 days after the date of such notice.
11.3. Rent e' pporlionment - If Landlord or Tenant elects to terminate this Lease under this
Article XI, Tenant shall pay Rent, prorated on a per diem basis and paid up to the date of the
casualty. If the Premises are wholly untenantable and this Lease is not terminated, Rent shall
abate on a per diem basis from the date of the casualty until Premises are ready for occupancy by
Tenant or the default is cured. If part of the Premises are untenantable, Rent shall be prorated on
a per diem basis and abated in proportion to the portion of the Premises which is unusable until
the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any
damage was caused by the gross negligence or willful misconduct of Tenant, its employees or
agents, then, in such event, Tenant acknowledges that Rent shall not abate or be diminished.
11.4. Waiver of Statutory Provisions - The provisions of this Lease, including those in this
Article XI, constitute an express agreement between Landlord and Tenant that applies in the
event of any damage to the Premises, Building, or Property. Tenant, therefore, fully waives the
provisions of any statute or regulation, including California Civil Code sections 1932(2) and
1933(4), relating to any rights or obligations concerning any such casualty.
ARTICLE XII.
SURRENDER OF PREMISES; HOLDING OVER
12.1. Surrender of Premises - On expiration of this Lease, Tenant shall surrender the Premises
in the same condition as when the Term commenced, ordinary wear and tear excepted. Except
for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so
that they cannot be removed without material damage to the Premises) all alterations, additions
or improvements, whether temporary or permanent in character, made in or upon the Premises,
either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier
termination of this Lease shall remain on the Premises without compensation to Tenant; provided
that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay,
remove any alterations, additions or improvements (including, without limitation, all
telecommunications equipment and cabling, and all alterations and improvements made by
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Tenant) made to the Premises by Tenant and designated by Landlord to be removed, and shall
repair any damage to the Premises or the Building caused by such removal. If Tenant fails to
complete such removal or to repair the Premises, Landlord may complete such removal and
repair, and Tenant shall reimburse Landlord therefore. If Tenant fails to remove such property as
required under this Lease, Landlord may dispose of such property in its sole discretion without
any liability to Tenant, and further may charge the cost of any such disposition to Tenant.
12.2. Hold Over Tenancy - If Tenant remains in possession of the Premises after the expiration
or earlier termination of this Lease with Landlord's written consent, Tenant shall be deemed, at
Landlord's option, to occupy the Premises as a tenant from month-to-month. During such
tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in
advance, an amount equal to the greater of (i) the then fair market rental (as reasonably
determined by Landlord) for the Premises, or (ii) one hundred thirty percent (130%) of all Rent
and Additional Rent which would become due the last month of the Term, together with all other
amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding
sentence, such month-to-month tenancy shall be on the same terms and conditions of this Lease
except that any rights or options pertaining to additional space in the Building contained in this
Lease shall be deemed to be terminated and shall be inapplicable thereto. Landlord's acceptance
of Rent after such holding over with Landlord's written consent shall not result in any other
tenancy or in a renewal of the initial term of this Lease. If Tenant remains in possession of the
Premises after the expiration or earlier termination of this Lease without Landlord's written
consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and
Tenant shall pay Rent during the holdover period in an amount equal to the greater of. (i) one
hundred fifty percent (150%) of the then fair market rental (as reasonably determined by
Landlord) for the Premises, or; (ii) two hundred percent (200%) of all Base Rent which would
become due the last month of the Term, together with all other amounts payable by Tenant to
Landlord.
ARTICLE XIII.
LANDLORD'S RESERVED RIGHTS
13.1. Rights Reserved to Landlord - Without notice and without liability to Tenant, and without
effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right
to: (i) make changes in the legal status of the Building or the Property as Landlord shall deem
appropriate in its sole discretion, provided such changes do not substantially interfere with
Tenant's use of the Premises for the Permitted Use; (ii) enter the Premises at reasonable times
and with reasonable advance notice (and at any time in the event of an emergency), to inspect or
repair the Premises or the Building and to perform any acts related to the safety, protection,
reletting, or improvement of the Premises or the Building; (iii) install and maintain signs on and
in the Building and the Property; and (iv) make such rules and regulations as, in the reasonable
judgment of Landlord, may be needed from time to time for the safety of the tenants, the care
and cleanliness of the Premises, the Building and the Property and the preservation of good order
therein. Landlord shall at all times retain a key with which to unlock all of the doors in the
Premises, except Tenant's vaults and sales. Tenant shall pay Landlord the cost of re -keying the
room upon occupancy of the room. If any emergency necessitates immediate access to the
Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry
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to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of
the Premises or an eviction of Tenant from the Premises or any portion thereof.
ARTICLE XIV.
DEFAULT AND REMEDIES
14.1. Tenant's Default - It shall be an "Event of Default" hereunder if Tenant:
(a) fails to pay when due any monthly installment of Rent, including without limitation, any
Additional Rent, or fails to pay any other amount owed by Tenant to Landlord under this Lease
as and when due and such failure continues for five (5) days following written notice thereof to
Tenant by Landlord;
(b) fails to provide any certificate, instrument or assurance as required by this Lease if the
failure continues for ten (10) days after written notice of the failure to Tenant;
(c) makes a general assignment for the benefit of its creditors or files a petition for
bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding
filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged
within sixty (60) days thereafter;
(d) has a trustee, receiver or liquidator appointed for Tenant;
(e) abandons or vacate the Premises for more than three (3) consecutive months;
(f) assigns this Lease or subleases any portion of the Premises; or
(g) fails to comply with any other provision of this Lease in the manner required hereunder
and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord
(or if the noncompliance cannot by its nature be cured within the 30 -day period, if Tenant fails to
commence to cure such noncompliance within the 30 -day period and thereafter diligently
prosecute such cure to completion).
14.2. Remedies on Default - Upon the occurrence of an Event of Default, Landlord shall have
the right to pursue any one or more of the following remedies in addition to any other remedies
now or later available to Landlord at law or in equity. These remedies are not exclusive but
instead are cumulative.
(a) Continue Lease - Landlord may continue this Lease in full force and effect. In such case,
so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in
effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to
relet the Premises, or any part of them, to third parties for Tenant's account. Tenant shall be
liable to Landlord for all reasonable costs Landlord incurs in reletting the Premises including
without limitation, expenses of remodeling the Premises required by the reletting. Reletting can
be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to
Landlord the Rent due under this Lease on the date the Rent is due, less the Rent Landlord
receives from any reletting. No act by Landlord allowed by this Section shall terminate this
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Lease unless Landlord terminates Tenant's right to possession. After an Event of Default and for
as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant
obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this
Lease, but Tenant shall not be released from liability.
(b) Termfflate Lease - Landlord may terminate this Lease and Tenant's right to possession of
the Premises at any time following an Event of Default. No act by Landlord other than giving
written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the
Premises or the appointment of a receiver to protect Landlord's interest under this Lease shall not
constitute a termination of Tenant's right to possession. On termination, Landlord shall have the
right to recover from Tenant all of the following:
(i) The worth, at the time of the award, of any unpaid Rent that had been earned at the lime
of termination of this Lease;
(ii) The worth, at the time of the award, of the amount of unpaid Rent that would have been
earned after the date of termination of this Lease until the time of the award exceeds the amount
of the unpaid Rent that Tenant proves could have been reasonably avoided;
(iii) Any other amount necessary to compensate Landlord for all detriment proximately
caused by Tenant's failure to perform obligations under this Lease, including, without limitation,
brokerage commissions, advertising expenses, expenses of remodeling the Premises for a new
tenant, and any special concessions made to obtain a new tenant; and
(iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted
by law.
(c) Receiver - Landlord shall have the right to have a receiver appointed to collect Rent.
Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall
constitute an election by Landlord to terminate this Lease.
14.3. Landlord's Default - Landlord's failure to perform any of its obligations under this Lease
shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days
after written notice of the failure from Tenant to Landlord. If the required performance cannot
be completed within thirty (30) days, Landlord's failure to perform shall not constitute a
Landlord Event of Default if Landlord undertakes to cure the failure within such thirty -(30) day
period and diligently and continuously attempts to complete the cure as soon as reasonably
possible. Tenant waives any right to terminate this Lease and to vacate the Premises upon
Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for
damages or injunctive or declaratory relief.
14.4. Tenant hiiprovements - The Tenant shall be solely responsible for the completion of the
improvements described in this Lease. The Tenant shall assume responsibility for all phases of
improvements commencing on the Agreement Date and concluding on the final acceptance date
of the improvement. The Tenant shall bear responsibility for said improvements up to final
acceptance by the City, including: all losses and damages directly or indirectly resulting from the
performance of the improvements; unforeseen difficulties, accidents, or occurrences of other
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causes predicated on active or passive negligence of the Tenant's contractor engaged in
performance of the improvements; losses due to fire, flooding, vandalism, or other catastrophic
events.
14.5. Improvement Completion and Final Inspection - The City, and/or the City's authorized
representatives, will perform an inspection to verify that the improvements are satisfactorily
complete and will notify the Tenant in writing of any incomplete or deficient work. The Tenant
will take immediate steps to remedy the stated deficiencies and give notice of correction to the
City. Upon receiving a notice of correction, the City or the City's authorized representatives,
will re -inspect the Improvements. The Tenant must correct all noted deficient items within a
reasonable period of time. Once all noted deficiencies are corrected, the City will accept the
Improvements with a Notice of Acceptance. Upon issuance of the Notice of Acceptance, the
City shall incorporate all accepted improvements into the building and property and shall
maintain as described in Section 7.1.2 above.
ARTICLE XV.
MISCELLANEOUS
15.1. No Waiver - No receipt and retention by Landlord of any payment tendered by Tenant in
connection with this Lease shall constitute an accord and satisfaction, or a compromise or other
settlement, notwithstanding any accompanying statement, instruction or other assertion to the
contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or
other settlement, in a separate writing duly executed by Landlord. Landlord will be entitled to
treat any such payments as being received on account of any item or items of Rent, interest,
expense or damage due in connection herewith, in such amounts and in such order as Landlord
may determine at its sole option. Failure of any party to exercise any right in one or more
instance shall not be construed as a waiver of the right to strict performance or as an amendment
to or modification of this Lease. Any waiver of any condition or provision set forth in this Lease
shall not be deemed a waiver of any subsequent breach of such condition or provision or of any
other condition or provision, nor shall any such waiver be deemed a continuing waiver.
15.2. Severability - The Parties intend this Lease to be legally valid and enforceable in
accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court
of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or
in part for any reason, the validity and enforceability of the remaining clauses, or portions of
them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of
the invalid or unenforceable provision.
15.3. Governing Law: Venue,• Construction - This Lease shall be construed according to the
laws of the State of California without regard to principles of conflict of laws. Any action or
proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent
jurisdiction located in Sonoma County. The captions used for the Sections and Articles of this
Lease have been inserted for convenience only and shall not be used to alter or interpret the
content of this Lease.
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15.4. Binding Effect: Survival - The covenants, conditions, warranties and agreements
contained in this Lease shall be binding upon and inure to the benefit of the Parties and their
respective successors and permitted assigns. The representations and warranties of Landlord and
Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive
the expiration or termination of this Lease as shall all other provisions hereof which are intended
to survive such expiration or termination.
15.5. Time - Time is of the essence of each provision of this Lease.
15.6. Entire Agreement; Amendments - This Lease and Exhibits A, B, C, D, and E attached
hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive
statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of
the Premises and supersedes all prior and contemporaneous understandings or agreements of the
parties. This Lease may not be amended or modified except in a writing signed by both Parties.
15.7. Notices - All notices delivered pursuant to this Lease shall be in writing and delivered to
Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as
may hereafter be designated by either party by written notice delivered to the other party in
accordance with this Section. Such notices shall be effective on the earlier to occur of actual
receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon
receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if
delivered by overnight delivery service and delivery is confirmed by the delivery service.
15.8. Force Majeure - Except as otherwise provided in this Lease, the time for performance of
an obligation other than payment of money under this Lease shall be extended for the period
during which a party is prevented from performing due to Unavoidable Delay. "Unavoidable
Delay" shall mean any and all delay beyond the applicable party's reasonable control, including
without limitation, delays caused by the other party; governmental restrictions, regulations,
controls, preemptions or delays; orders of civil, military or naval authorities; strikes, labor
disputes, lock -outs, shortages of labor or materials or reasonable substitutes therefore; Acts of
God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or other
actions of the elements; enemy action, civil commotion, riot or insurrection.
15.9. Attorneys' Fees: Prejudgment Interest - If the services of an attorney are required by any
party to secure the performance hereof or otherwise upon the breach or default of the other party,
or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this
Lease, or if the services of an attorney are required upon the bankruptcy of a party to this Lease
to compel or object to assumption or rejection of this Lease, seek relief from the automatic stay
or object to an action to recover a preference or fraudulent transfer, the prevailing party shall be
entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs,
and other expenses, in addition to any other relief to which such party may be entitled. Any
award of damages following judicial remedy or arbitration as a result of the breach of this Lease
or any of its provisions shall include an award of prejudgment interest from the date of the
breach at the maximum amount of interest allowed by law.
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15.10. Ataliority - Each party warrants and represents that it has full authority to enter into this
Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s)
signing on behalf of such party are duly authorized to bind such party hereto.
15.11. Landlord ApLyoval - Whenever the consent or approval of Landlord is required
hereunder, such consent or approval may be granted or withheld by the City Manager or his or
her designee, unless the City Manager determines in his or her discretion that such matter shall
be referred to Landlord's governing body for consideration.
15.12 Counterparts - This Lease may be executed in counterparts, each of which shall constitute
an original, and all of which together shall constitute one and the same instrument. The signature
page of any counterpart may be detached there from without impairing the legal effect of the
signature(s) thereon provided such signature page is attached to any other counterpart identical
thereto except having additional signature pages executed by any other party. This Lease shall
take effect when signed by all Parties.
15.13 Amendment and Restatement. This Lease amends and restates the Original Lease in its
entirety. Except for the provisions of the Original Lease, such as Section 9.1 regarding
indemnity, that survive termination of the Original Lease, the Original Lease is of no further
force and effect.
NOW THEREFORE, Landlord and Tenant executed this Lease as of the date first written above.
LANDLORD: TENANT:
CITY OF ROHNERT PARK COMMUNITY CHILD CARE COUNCIL
OF SONOMA COUNTY (40)
By:
Name:
Title:
040Y*11IA
City Clerk
APPROVED AS TO FORM:
(Date)
By:
Name:
Title:
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(Date)
City Attorney
List of Exhibits
Exhibit A:
Property Description
Exhibit B:
Map of Premises Being Leased
Exhibit C:
Rules and Regulations for Property
Exhibit D:
Insurance Requirements
Exhibit E:
Tenant Improvements
Exhibit F:
Tenant Improvement Amortization Schedule
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EXHIBIT A
PROPERTY DESCRIPTION
Gold Ridge Recreation Center, 1455 Golf Course Drive, (approximately 4,050 sq. ft.), Rohnert
Park, California, and more commonly described as the portable building for a total of 4,050 sq.
ft. The building is zoned Public Institutional. Use of restroom and adjacent playground area is
permitted at no extra charge per the terms of this lease agreement
PARCEL 1
Commencing at the southwest corner -of Subdivision No. 12, Rancho Cotati,
recorded in Book 28 of Maps at Page 7, Sonoma County Records; thence from
said point of commencement, North 00' 08' 19" East, 2,063.94 feet; thence
South 89' 58' 48" East, 1,327.29 feet; thence South 000 01' 12" West,
30.00 feet to the point of beginning; thence from said point of beginning,
along the southerly right.of way line of Holly Avenue, South 890 581 48"
East; 324.36 feet to a tangent curve to the right having a radius of 25.00
feet and an internal angle -of 90 39' 58"; thence leaving said southerly
right of way line of Holly Avenue and along said curve to the right, 39.56
feet; thence South 00° 41' 10" West, -202.55 feet; thence South 00° 01' 16" West,
744.21 feet to a tangent curve to the right having a radius of 25.00 feet
and an internal angle of 820 57' 36"; thence along said carve 36.20 feet
to a reverse curve to the left having a radius of 643.00 feet and an
internal angle of 250 09' 27";,hence along said curve 282.33 feet to a
reverse curve to the right having a radius of 570.00 feet and an internal
angle of 30' 08" 17"; thence -along said curve 299.83 feet to Point "A";
thence from Point "A", North 00' 01' 12" East, 675.16 feet to a tangent
curve to the 'left having a radius of 172.00 feet and an internal angle
of 22' 41' 33"; thence along said curve 68.12 feet to a reverse curve to
the right having a radius of 25.00 feet and an internal angle of 112' 41'
33"; thence along said curve 49.17 feet, thence North 000 01' 12" East,
72.00 feet; thence South 891 58' 48" East, 212.25 feet; thence North 00°
01" 12" East, 330.00 feet to the point of beginning.
Containing 12.54 acres, more or less.
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EXHIBIT A
PROPERTY DESCRIPTION (continued)
PARCEL 2
Commencing at the above described Point "A"; thence from said point of
commencement South 27° 58' 46" East, 65.99 feet to the point of beginning;
thence from said point of beginning, on a curve to the left whose center
bears North 04° 39' 51" Best, 530.00 feet and having an internal angle.
of'25° 27' 36", a distance of 279.95 feet to a reverse curve to the
right having a radius of 557.00 feet and an internal angle of 30' 08'
43"; hence along said curve 293.06 feet; thence. South 89° 58' 44" East,
55.4.55 feet; thence South 00° 01' 16" West, 123.00 feet; thence South
080 12' 361" East, 104.30 feet; thence South 60 31' 30" East, 30.04
feet to a tangent curve to the left having a radius of 45.00 feet and
an internal angle of 59" 57' 48"; thence along said curve 47.10 feet;
thence South 59" 30' 42" Best, 30.04 feet; thence South 00° 30' 24"
East, 185.00 feet; thence South 600 31' 30" East, 30.04 feet to a
tangent curve to the left having a radius of 45.00 feet and an internal
angle of 59° 5i' _. 48" ; thence along said curve 47.10 feet; thence South
590 30" 42" West, 30.04 feet; thence 'South 00° 30' 24" East, 92.50 feet;
thence South 37° 32' 15" West, 17.78 'Feet; thence South 890 29' 36"
West, 376.61 feet; thence North: 00' 30' 24" West, 81.00 feet; thence
North 61' 08' 56" West, 46.79 feet to a tangent curve to the left having
a radius of 45.00 feet and an internal angle of 58° 42' 56"; thence along
said curve 46.12 feet; thence North 60° 06' 08" East, 46.79 feet; thence
North 000 30' 24" West, 162.00 feet; thence North 61° 08' 56" nest, 46.79
feet to a tangent curve to the left, having a radius of 45.00 feet and
an internal angle of 58° 42' 56", thence along said curve 46.12 feet;
thence North 600 08' 08" East, 46.79 feet; thence -North 000 30' 24" best,
58.45 feet; thence North 51° 04' 17" West, 35.50 feet; thence South 89°
29' 36" West, 198.60 feet; thence Forth 041 39" 5111 West, 10.99 feet to
the point of beginning.
Containing 6.03 acres, more or less.
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EXHIBIT C
RULES AND REGULATIONS FOR PROPERTY
Alcohol
No alcohol is permitted on the premises.
No -Smoking
Smoking is prohibited in and around all City facilities pursuant to Ordinance No. 813 adopted
April 28, 2009.
Music and Noise Levels
User groups are requested to keep loud noise at a courteous level in the building and parking lot
areas.
Minors
Activities for minors (18 and under) must be supervised by responsible adult for the entire period
of the activity.
Securing the facility
The Tenant shall be responsible for securing the Facility upon exit.
Zoning Ordinance
All other applicable zoning ordinance/restrictions for said property
Page 23 of 29
1306485v1B 80078/0042
EXHIBIT D
INSURANCE REQUIREMENTS
(1) Commercial general liability insurance including contractual liability coverage, written on
an "occurrence" policy form, covering bodily injury, property damage and personal injury arising
out of or relating (directly or indirectly) to Tenant's operations, assumed liabilities, or use or
occupancy of the Premises, the Building or the Property naming the Landlord as an additional
insured, with minimum coverage in the amount of Two Million Dollars ($2,000,000) per
occurrence combined single limit for bodily injury and property damage and Two Million
Dollars ($2,000,000) in the aggregate;
(2) Property insurance protecting Tenant against loss or damage by fire and such other risks as
are insurable under then available standard forms of "special risk" insurance policies, covering
Tenant's personal property and trade fixtures in or about the Premises or the Property, and any
improvements or Alterations in the Premises, in an amount of one hundred percent (100%) of
actual replacement cost or highest insurable value;
(c) Workers' compensation and employers liability insurance of not less than one million dollars
($1,000,000); and
(d) If Tenant operates owned, leased or non -owned vehicles on the Property, comprehensive
automobile liability insurance with a minimum coverage of one million dollars ($1,000,000)
per occurrence, combined single limit.
The foregoing policies shall protect Tenant as named insured, and Landlord and the other
Indemnitees as additional insured's. Landlord reserves the right to increase the foregoing
amount of required liability coverage from time to time (but not more than once each calendar
year) and to require that Tenant cause any Tenant Parties conducting activities in or about or
occupying the Premises to obtain and maintain similar types and amounts of insurance.
Each insurance policy must include an endorsement to provide that the policy and the coverage
provided shall be primary, that Landlord, although an additional insured, shall nevertheless be
entitled to recovery under such policy for any damage to Landlord by reason of acts or omission
of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to
policies carried by Tenant. Each such insurance policy or a certificate thereof, including
appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Agreement
Date, and thereafter renewal policies, certificates, and appropriate endorsements at least thirty
(30) days prior to the expiration dates of expiring policies.
Tenant shall cause its insurance companies issuing general liability, property (first party)
insurance, and workers' compensation insurance to waive any subrogation rights that those
companies may have against Landlord, as long as the insurance is not invalidated by the waiver.
Page 24 of 29
13064850B 80078/0042
EXHIBIT E
TENANT IMPROVEMENTS
Description
Cost
1.
Renovate existing portable building to accommodate the following
improvements:
2.
Install new kitchen
3.
Install new laundry room
Install new storage room
4.
5.
Install new adult restroom
6.
Install new children's restroom with four preschool age appropriate
sized toilets
7.
Replace flooring
8.
Paint interior
9.
Upgrade electrical, plumbing, and cosmetic repairs as needed
Subtotal:
231,000
l
10.
11.
12.
$2319000
Total:
Page 25 of 29
13064850B 80078/0042
ire]
TENANT IMPROVEMENTS AMORTIZATION SCHEDULE
Tenant Improvement Amortization Schedule
4C's Lease Agreement - Gold Ridge Recreation Center
Loan amount
Annual interest rate
Loan period in years
Start date of loan
Enter values
$240,624.00
0.000%
10
7/1/2016
Monthly payment
$2,005.00 (Final Payment = 2,029.00 )
Number of payments
120
Total
interest
$ -
Total cost of loan
$240,624.00
Payment
Beginning
Ending
DateBalance
Payment
Principal Interest
Balance
1 7/1/2016
240624.00
2005.00
2005.00
0.00
238619.00
2 8/1/2016
238619.00
2005.00
2005.00
0.00
236614.00
3 9/1/2016
236614.00
2005.00
2005.00
0.00
234609.00
4 10/1/2016
234609.00
2005.00
2005.00
0.00
232604.00
5 11/1/2016
232604.00
2005.00
2005.00
0.00
230599.00
6 12/1/2016
230599.00
2005.00
2005.00
0.00
228594.00
7 1/1/2017
228594.00
2005.00
2005.00
0.00
226589.00
8 2/1/2017
226589.00
2005.00
2005.00
0.00
224584.00
9 3/1/2017
224584.00
2005.00
2005.00
0.00
222579.00
10 4/1/2017
222579.00
2005.00
2005.00
0.00
220574.00
11 5/1/2017
220574.00
2005.00
2005.00
0.00
218569.00
12 6/1/2017
218569.00
2005.00
2005.00
0.00
216564.00
13 7/1/2017
216564.00
2005.00
2005.00
0.00
214559.00
14 8/1/2017
214559.00
2005.00
2005.00
0.00
212554.00
15 9/1/2017
212554.00
2005.00
2005.00
0.00
210549.00
16 10/1/2017
210549.00
2005.00
2005.00
0.00
208544.00
17 11/1/2017
208544.00
2005.00
2005.00
0.00
206539.00
Page 26 of 29
1306485v1B 80078/0042
18
12/1/2017
206539.00
2005.00
2005.00
0.00
204534.00
19
1/1/2018
204534.00
2005.00
2005.00
0.00
202529.00
20
2/1/2018
202529.00
2005.00
2005.00
0.00
200524.00
21
3/1/2018
200524.00
2005.00
2005.00
0.00
198519.00
22
4/1/2018
198519.00
2005.00
2005.00
0.00
196514.00
23
5/1/2018
196514.00
2005.00
2005.00
0.00
194509.00
24
6/1/2018
194509.00
2005.00
2005.00
0.00
192504.00
25
7/1/2018
192504.00
2005.00
2005.00
0.00
190499.00
26
8/1/2018
190499.00
2005.00
2005.00
0.00
188494.00
27
9/1/2018
188494.00
2005.00
2005.00
0.00
186489.00
28
10/1/2018
186489.00
2005.00
2005.00
0.00
184484.00
29
11/1/2018
184484.00
2005.00
2005.00
0.00
182479.00
30
12/1/2018
182479.00
2005.00
2005.00
0.00
180474.00
31
1/1/2019
180474.00
2005.00
2005.00
0.00
178469.00
32
2/1/2019
178469.00
2005.00
2005.00
0.00
176464.00
33
3/1/2019
176464.00
2005.00
2005.00
0.00
174459.00
34
4/1/2019
174459.00
2005.00
2005.00
0.00
172454.00
35
5/1/2019
172454.00
2005.00
2005.00
0.00
170449.00
36
6/1/2019
170449.00
2005.00
2005.00
0.00
168444.00
37
7/1/2019
168444.00
2005.00
2005.00
0.00
166439.00
38
8/1/2019
166439.00
2005.00
2005.00
0.00
164434.00
39
9/1/2019
164434.00
2005.00
2005.00
0.00
162429.00
40
10/1/2019
162429.00
2005.00
2005.00
0.00
160424.00
41
11/1/2019
160424.00
2005.00
2005.00
0.00
158419.00
42
12/1/2019
158419.00
2005.00
2005.00
0.00
156414.00
43
1/1/2020
156414.00
2005.00
2005.00
0.00
154409.00
44
2/1/2020
154409.00
2005.00
2005.00
0.00
152404.00
45
3/1/2020
152404.00
2005.00
2005.00
0.00
150399.00
46
4/1/2020
150399.00
2005.00
2005.00
0.00
148394.00
47
5/1/2020
148394.00
2005.00
2005.00
0.00
146389.00
48
6/1/2020
146389.00
2005.00
2005.00
0.00
144384.00
49
7/1/2020
144384.00
2005.00
2005.00
0.00
142379.00
50
8/1/2020
142379.00
2005.00
2005.00
0.00
140374.00
51
9/1/2020
140374.00
2005.00
2005.00
0.00
138369.00
52
10/1/2020
138369.00
2005.00
2005.00
0.00
136364.00
53
11/1/2020
136364.00
2005.00
2005.00
0.00
134359.00
54
12/1/2020
134359.00
2005.00
2005.00
0.00
132354.00
55
1/1/2021
132354.00
2005.00
2005.00
0.00
130349.00
56
2/1/2021
130349.00
2005.00
2005.00
0.00
128344.00
57
3/1/2021
128344.00
2005.00
2005.00
0.00
126339.00
58
4/1/2021
126339.00
2005.00
2005.00
0.00
124334.00
Page 27 of 29
1306485v1B 80078/0042
59
5/1/2021
124334.00
2005.00
2005.00
0.00
122329.00
60
6/1/2021
122329.00
2005.00
2005.00
0.00
120324.00
61
7/1/2021
120324.00
2005.00
2005.00
0.00
118319.00
62
8/1/2021
118319.00
2005.00
2005.00
0.00
116314.00
63
9/1/2021
116314.00
2005.00
2005.00
0.00
114309.00
64
10/1/2021
114309.00
2005.00
2005.00
0.00
112304.00
65
11/1/2021
112304.00
2005.00
2005.00
0.00
110299.00
66
12/1/2021
110299.00
2005.00
2005.00
0.00
108294.00
67
1/1/2022
108294.00
2005.00
2005.00
0.00
106289.00
68
2/1/2022
106289.00
2005.00
2005.00
0.00
104284.00
69
3/1/2022
104284.00
2005.00
2005.00
0.00
102279.00
70
4/1/2022
102279.00
2005.00
2005.00
0.00
100274.00
71
5/1/2022
100274.00
2005.00
2005.00
0.00
98269.00
72
6/1/2022
98269.00
2005.00
2005.00
0.00
96264.00
73
7/1/2022
96264.00
2005.00
2005.00
0.00
94259.00
74
8/1/2022
94259.00
2005.00
2005.00
0.00
92254.00
75
9/1/2022
92254.00
2005.00
2005.00
0.00
90249.00
76
10/1/2022
90249.00
2005.00
2005.00
0.00
88244.00
77
11/1/2022
88244.00
2005.00
2005.00
0.00
86239.00
78
12/1/2022
86239.00
2005.00
2005.00
0.00
84234.00
79
1/1/2023
84234.00
2005.00
2005.00
0.00
82229.00
80
2/1/2023
82229.00
2005.00
2005.00
0.00
80224.00
81
3/1/2023
80224.00
2005.00
2005.00
0.00
78219.00
82
4/1/2023
78219.00
2005.00
2005.00
0.00
76214.00
83
5/1/2023
76214.00
2005.00
2005.00
0.00
74209.00
84
6/1/2023
74209.00
2005.00
2005.00
0.00
72204.00
85
7/1/2023
72204.00
2005.00
2005.00
0.00
70199.00
86
8/1/2023
70199.00
2005.00
2005.00
0.00
68194.00
87
9/1/2023
68194.00
2005.00
2005.00
0.00
66189.00
88
10/1/2023
66189.00
2005.00
2005.00
0.00
64184.00
89
11/1/2023
64184.00
2005.00
2005.00
0.00
62179.00
90
12/1/2023
62179.00
2005.00
2005.00
0.00
60174.00
91
1/1/2024
60174.00
2005.00
2005.00
0.00
58169.00
92
2/1/2024
58169.00
2005.00
2005.00
0.00
56164.00
93
3/1/2024
56164.00
2005.00
2005.00
0.00
54159.00
94
4/1/2024
54159.00
2005.00
2005.00
0.00
52154.00
95
5/1/2024
52154.00
2005.00
2005.00
0.00
50149.00
96
6/1/2024
50149.00
2005.00
2005.00
0.00
48144.00
97
7/1/2024
48144.00
2005.00
2005.00
0.00
46139.00
98
8/1/2024
46139.00
2005.00
2005.00
0.00
44134.00
99
9/1/2024
44134.00
2005.00
2005.00
0.00
42129.00
Page 28 of 29
1306485v1B 80078/0042
100
10/1/2024
42129.00
2005.00
2005.00
0.00
40124.00
101
11/1/2024
40124.00
2005.00
2005.00
0.00
38119.00
102
12/1/2024
38119.00
2005.00
2005.00
0.00
36114.00
103
1/1/2025
36114.00
2005.00
2005.00
0.00
34109.00
104
2/1/2025
34109.00
2005.00
2005.00
0.00
32104.00
105
3/1/2025
32104.00
2005.00
2005.00
0.00
30099.00
106
4/1/2025
30099.00
2005.00
2005.00
0,00
28094.00
107
5/1/2025
28094.00
2005.00
2005.00
0.00
26089.00
108
6/1/2025
26089.00
2005.00
2005.00
0.00
24084.00
109
7/1/2025
24084.00
2005.00
2005.00
0.00
22079.00
110
8/1/2025
22079.00
2005.00
2005.00
0.00
20074.00
111
9/1/2025
20074.00
2005.00
2005.00
0.00
18069.00
112
10/1/2025
18069.00
2005.00
2005.00
0.00
16064.00
113
11/1/2025
16064.00
2005.00
2005.00
0.00
14059.00
114
12/1/2025
14059.00
2005.00
2005.00
0.00
12054.00
115
1/1/2026
12054.00
2005.00
2005.00
0.00
10049.00
116
2/1/2026
10049.00
2005.00
2005.00
0.00
8044.00
117
3/1/2026
8044.00
2005.00
2005.00
0.00
6039.00
118
4/1/2026
6039.00
2005.00
2005.00
0.00
4034.00
119
5/1/2026
4034.00
2005.00
2005.00
0.00
2029.00
120
6/1/2026
2029.00
2029.00
2029.00
0.00
0.00
Page 29 of 29
1306485v1B 80078/0042