HomeMy WebLinkAboutBUSINESS PLAN 2/9/1993
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HM706801
Account Number
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ACCOUNTSRECENABLEADJUSTMENT
Februarv 10, 1994
Date
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Esther Duran
From
Fire Department· Hazardous Materials Division
Department/Division
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ASHMORE'S AUTOMOTIVE
Billing Name
5345 S. UNION AVÈ.
Billing Address
Site Address
Parcel # (If Applicable)
Landlord Name & Address (If Applicable)
ADJUSTMENT
Last Billed Correct Billing Adjustment to Effective Date of
Billing Change
160.00 0 (160.00) 1·1·94
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Remarks: BUSINESS MOVED TO 5300 S. UNION AVE. ON 04·15·93. HE SENT COPY OF LEASE
AGREEMENT TO PROVE IT. WE WILL WRITE OFF THIS BILL.
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Ashmore's Automotive
5345 So. Union Avenue
Bakersfield, CA 93307
January 10, 1994
CITY OF BAKERSFIELD
P.O. Box 2057
Bakersfield, CA 93303-2057
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Re: AShmore's Automotive
Account No. HM 706801
Hazardous Materials Division
TO WHOM IT MAY CONCERN:
Please be advised that my business known as "Ashmore's Automotive"
no longer is located at 5345 So. Union Avenue, Bakersfield,
California.
As of April 15, 1993, my business has been located at 5300 So.
Union Avenue, Bakersfield, California. Enclosed please find a copy
of my lease agreement stating the same.
Thank
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RETURN PAYMENTS TO:
HAIAROO.MATERIALS tHeSION
.LEASE MAKE CHECKS PAYABLE TO:
CITY OF BAKERSFIELD
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Ashmore's Automotive
5345 So. Union Avenue
Bakersfield, CA 93307
January 10, 1994
CITY OF BAKERSFIELD
P.O. Box 2057
Bakersfield, CA 93303-2057
Re: Ashmore's Automotive
Account No. HM 706801
Hazardous Materials Division
TO WHOM IT MAY CONCERN:
Please be advised that my business known as "Ashmore's Automotive"
no longer is located at 5345 So. Union Avenue, Bakersfield,
California.
As of April 15, 1993, my business h~s been located at 5300 So.
Union Avenue, Bakersfield, California. Enclosed please find a copy
of my lease agreement stating the same.
Thank
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STANDARD INDUSTRIAL LEASE - GROSS
I. Parties. This Lease, dated, for reference pulpOSCS only, Mardi 6, 1993 is made by and between William Niwlet (herein called ·Lessor·) and Jeff Ashmore (herein called
·Lessee·).
2. Premises. Leasor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, ånd upon all of the conditions set forth herein, that certain real property situated
in the county of Kem, State of California, commonly known as 5300 South Union Ave., Bakersfield, Calif. 93307'kd descnòcd as approximately 1,150 square feet of commercial
repair shop space and exclusive liceuse to use the feuced yard, driveways and IlDUSigned parking spaces surroundiDg the buildiDg. Said real property includiDg the land and all
improvemeuts thereon, is herein called ·the Premises· .
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3.1 Term. The term of this Lease shall be for five (5) years commeuciDg on April 15, 1m/and eudiDg on April 14, 1998 uuless terminated pursuant to any provision hereof.
3.2 Delay in Commeucemeut. NotwithstandiDg said commeucemeut date, if for any reason Lessor canuot deliver possession of the Premises 10 Lessee on said date, Lessor shall not
he subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereUDder or ext.eDd the term hereof, but in such case Lessee shall
not be obligated to pay rent UDtil possession of the Premises is tendered to Lessee, provided, however, that if Lessor shall not have delivered possession of the Premises within sixty
(60) days from said commeucemeut date, Lessee may, at Lessee's option, by notice in writing 10 Lessor within ten (10) days thereafter, cancel this Lease, in which eveut the parties
shall be discharged from all obligstions hereunder. If Lessee occupies the Premises prior to said commencemeut date, such occupancy shall be subject to all provisions hereof, such
occupancy shall not advance the termination date, and Lessee shall pay rent for such period at the initial monthly rates set forth below.
4. Rent. For the flist year of the tenn, Leasee shall pay 10 Lessor as rent for the Premises equal monthly payments of $300.00, in advance, on the f1ftccnth (15th) day of each month
of the tenn hereof. Lessee shall pay Lessor an initial rent paymeut of $300.00 on April IS, 1993 as rent for April 1993. Reut for any period during the term hereof which is for less
than one month shall be a pro rata portion of the mOllthly instaI1meut, Reut shall be payable in lawful money of the United States 10 Lessor at the address stated herein or to such other
persons or at such other places as Lessor may designate in writing. The rents due for the second (2nd) and other subsequent years of the term arc discussed in the Appendix.
5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof $0.00 as additional security for Lessee's faithful performance of Lessee's obligations hereunder. If Lessee
fails 10 pay rent or other charges due hereunder, or, otherwise defaults with respect to any provision of this Lease, Lessor may use, apply or retain all or any portion of said deposit
for the paymeut of any rent or other charge in defauh or for the paymeut of any other sum 10 which Lessor may become obligated by reason of Lessee's default, or to compensate Lessor
for any loss or damage which Lessor may suffer thereby. If Lessor so uses or applies all or any portion of said deposit, Lessee shall within ten (10) days after written demand therefor
deposit cash with Lessor in an amount sufficient 10 reslore said deposit to the full amount hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Lessor
shall not be required 10 keep said deposit separate from its geueral accounts. If Lessee performs all of Lessee's obligations hereunder, said deposit, or so Bluch thereof as has not
theretofore been applied by Lessor, shall be retumed without paymeut of interest or other increment for its use, 10 Lessee (or, at Lessor's option, 10 the last assignc.::, if any, of Lessee's
interest hereunder) at the expiration of the tenn hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect 10
said Security Deposit. Leasor acknowledges that Lessee has already deposited $100.00.
6. Use.
6.1 Use. The Premises shall be used and occupied only for office, warehouse and automotive and tnJck repair functions and any other use approved by Lessor in writing and
for no other purpose.
6,2 Compliance with LAw.
(a) Lessor warrants to Lessee that the Premises, úi ita existing state, but without regard to the use for which Lessee will use the Premises, does not violate any applicable buildiDg
code, regulation or ordinance at the time this Lease is executed. In the eveut it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after
written notice from Lessee, to promptly, at Lessor's sole cost and expeuse, rectify any sucb violation. In the eveut Lessee docs not give to Lessor written notice of the violation of this
warranty within 1 year from the commeucemeut of the term of this Lease, it shall be conclusively deemed that such violation did not exist and the correction of the same shall be the
obligation of Lessee.
(h) Except as provided in paragraph 6.2 (a), Lessee shall, at Lessee's expeuse, comply promptly with all applicable statutes, ordinances, roles, regulations, orders, restrictions
of record, and requircmeuts in effect during the term or any part of the term hereof regulating the use by Lessee of the Premises, Lessee shall not use nor permit the use of the Premises
in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant in the buildiDg containing the Premises, shall disturb such other tenants.
6.3 Condition of Premises. Except as provided in paragraph 6.2 (a) Lessee hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject 10
all applicable zoniDg, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and 10 all
matters disclosed thereby and by any exhibits attached herelo. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representatiOll or warranty as to the suitability
of the PremiReS for the conduct of Leasee's business.
7. Maintenance, Repairs and Alterations
7,) Lessor's Obligations. Subject to the provisions of Paragraphs 6.2 (a) and 9 and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's
ageuts or employees, or invites in which event Lessee shall repair the damage, Lessor, at Lessor's expense, shall keep in good order, condition and repair the foundations, exterior walls
and the exterior roof of the Premises. Lessor shall not, however, be obligated to paint such exterior, nor shall Lessor be required 10 maintain the interior surface of exterior walls,
windows, doors or plate glass. Lessor shall have no obligation 10 make repairs UDder this Paragraph 7.1 until a reasonable time after receipt of written notice of the need for such repairs.
Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right 10 make repairs at Lessor's expense or to terminate this Lease
because of Lessor's failure to keep the Premises in good order, condition and repair.
7.2 Lessee's Obligations.
(a) Subject to the provisions of Paragraphs 6,2 (a), 7 and 9, Lessee, at Lessee's expeuse, sbaiJ keep in good order, condition and repair the Premises and eve!)' part thereof (whether
or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee) including, without limiting the generality of the foregoing"
all plumbiDg, heating, air conditioning, ventilating, electrical and lighting facilities and equipmeut within the Premises, fIXtures, interior walls and interior suñace of exterior walls,
ceilings, windows, dO'Jrs, plate glass, and skylights, located within the premises, and all landscaping, driveways, parking lots, fences and signs located in the Premises and all sidewalks
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and parkways adjacent to the Premises. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would othelWise afford Lessee the right to make repairs
at Lessor's expense or to terminate this Lesse because of Lessor's failure to keep'the Premises in good order, condition and repair.
(b) If Lessee fails to perform Lessee's obligations under this Paragraph 7.2, Lessor may at Lessor's option enter upon the Premises after 10 days prior written notice to Lessee
and put the same in good order, eondition and repair, and the cost thereof together with interest thereon at the rate of 10% per annum shall be due and payable as additional rent 10 Lessor
together with Lessee's next rental installment.
(c) On the last day of the tenn hereof, or of any sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as received, broOm clean, ordinary wear
and tear excepted. Lessee shall repair any damage to the Premises occasioned by the removal of its trade fIXtures, furnishings and equipment pursuant to Paragraph 7.3 (d), which repair
shall include the patching and filling of holes and repair of structural
damage.
7.3 Alterations and Additions,
(a) Lessee shall not, without Lessor's prior written consent, make any alterations, improvements, additions, or Utility Installations in, on or about the Premises, except for
nonstructural alterations not exceeding $1,000 in cost, As used in this Paragraph 7.3 the term ·Utility Installation· shall mean bus ducting, power panels, wiring, fluorescent fIXtures,
space heaters, conduits, air conditioning and plumbing, Lessor may require 'that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the
expiration of the tenn and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor at Lessee's sole cost and expense, a lien and completion bond
in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialman's liens and to insure
completion of the wodc. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove
any or all of such.
(b) Any alterations, improvements, additions or Utility Installations in, on or about the Premises that Lessee shall desire 10 make and which requires the consent of the Lessor
shall be presented to Lessor in written fonn, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditional upon Lessee acquiring a pennit to
do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the worle and the compliance by Lessee of all conditions of said
pennit in a prompt and expeditious manner.
(c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or
may be secured by any mechanic'a or materialman's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days nOlice prior to the
commencement of any worle in the Premises, and Lèssor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good
faith, contest the validity of any such lien, claim or demand, then Lessee shall at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse
judgement that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor
a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against lisbility for the same and holding the Premises free from
the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorney's fees and costs in participating in such action if Lessor shall decide it is to its best
interest to do so.
(d) Unless Lessor requires their removal, as set forth in Paragraph 7.3 (a), all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations
constitute trade fixtures of Lessee), which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration
of the tenn. Notwithstanding the provisions of this Paragraph 7.3 (d), Lessee's machinery and equipment other than that which is affixed to the Premises so that it cannot be removed
without material damage to the Premises, shall remain the property of Lessee and may be removed by Lessee subject to the provisions of Paragraph 7.2 (c).
8. Insurance: Indemnity.
8.1 Liability Insurance. Lessee shall at Lessee's expense obtain and keep in force during the term of this lease a policy of Combined Single Limit Bodily Injury and Property Damage
insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance
shall be a combined single limit policy in an amount not less than $300,000.00. The policy shall contain cross liability endorsements and shall insure performance by Lessee of the
indemnity provisions of this Paragraph 8, The limits of said insurance shall not, however, limit the liability of Lessee hereunder. In the event that the premises constitute a part of a
luger property said insurance shall have a Lessor's Protective Liability endorsement attached thereto. If Lessee shall fail to procure and maintain said insurance Lessor may, but aha1l
not be required to, procure and maintain the same, but at the expense of Lessee. Not more frequently than 'each five years, If, in the reasonable opinion of Lessor, the amount of liability
required hereunder is not adequate, Lessee shaD increase said insurance coverage as required by Lessor. Provided, however, that in no event shall the amount of the liability insurance
increase be more than ftfty percent greater than the amount thereof during the preceding five years of the term of this lease. However, the failure of Lessor to require any additional
insurance coverage shall not be deemed to relieve Lessee from any obligation under this Lease.
8.2 Property Insurance.
(a) Lessor shall obtain and keep in force during the tenn of this lease a policy or policies of insurance covering loss or damage to the Premises but not to Lessee's fIXtures or
tenant improvements in the amount of the full replacement value thereof, providing protection against all perils included within the classification of fU'C, extended coverage, vandalism,
malicious mischief, special extended perils (all risk) but not plate glass or earthquake insurance. In addition, the Lessor shall obtain and keep in force, cluring the tenn of this lease,
a policy of rental income insurance covering a period of six months, with loss payable to Lessor which insurance shall also cover all rea! estate taxes and insurance costs for said period,
In the event that the Premises contains sprinklers, then the insurance coverage shall include sprinkler leakage insurance.
(b) Lessee shall pay to Lessor, during the term hereof, in addition to the rent, the amount of any increase in premiums for the insurance required tmdèr tbis Paragraph,8.2over
and above such premiums paid during the Base Period, as hereinaftèr defmed, whether such premium increase shall be the result of the nature of Lessee's Occupancy, any act or omission
of Lessee, requirements of the holder of a mortgage or deed of trust covering the Premises, or increased valuation of the Premises or general rate increases. In the event that the Premises
have been occupied previously the words . Base Period· shaD ¡nean the last twelve months of the prior occupancy and in the event that the Premises have never been previously occupied
the words ·Base Period· shall mean the lowest premium reasonably obtainable for the said insurance for the Premises assuming the most nonnal use of the Premises. Provided, however,
in lieu of the Base Period the parties hereto may insert a dollar amount at the end of this sentence which figure shall be considered as the insurance premium for the Base Period $920.00.
(c) If the Premises being leased herein are part of a larger property, then Lessee shall not be responsible for paying any increase in the property insurance caused by the acts or
omissions of any other tenant of the building of which the Premises are a part,
(d) Lessee shall pay any such premium increases to Lessor within 30 days after receipt by Lessee of a copy of the premium statement or other satisfactory evidence of the amount
due. If the insurance policies maintained hereunder cover other improvements in addition to the Premises, Lessor shall also deliver to Lessee a statement of the amount of such increase
attributable to the Premises and showing in reasonable detail the manner in which such amOW1t was computed. If the term of this lease shall not expire concurrently with the expiration
of the period covered by such insurance, Lessee's liability for premium increases shall be prorated on an annual basis.
8,3 Insurance Policies. Insurance required hereunder shall be in companies holding a ·General Policyholders Rating· of B plus or better as set forth in the most current issue of.Best
Insurance Guide·. Lessee shaD deliver to Lessor copies of policies of liability insurance required under Paragraph 8.1 or certificates evidencing the existCnce and amounts of such
insurance with loss payable clauses satisfactory to Lessor, No such policy shall be cancelable or subject to reduction of coverage or other modification except after ten (10) days prior
written notice to Lessor. Lessee shaD, within ten (10) days prior to the expiration of such policies, furnish Lessor with renewals or ·binders· thereof, or Lessor may order such insurance
and charge the cwt thereof to Lessee, which amount shaD be payable by Lessee upon demand, Leasee shaD not do or pennit to be done anything which sbalI invalidate the insurance
policies referred to in Paragraph 8.2.
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8.4 Waiver of Subrogation. Lessee and Lessor each hercl!y waives any and aU rights of recovery against the other, or against the officers, employees, agents and representatives of
the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy
in force at the time of such loss or damage, Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that
the foregoing mutual waiver of subrogation is contained in this lease.
8.5 Indemnity. Lessee shall indemnify and hold hamùess Lessor from and against any and aU claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business
or from any activity, wode or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shaD further indemnify and hold hann1ess Lessor from and against
any and aU claims arising from any breach or default in the performance of any obligation on Lessee's part to be perfonned UDder the tenns of this lease, or arising from any negligence
of the Lessee or any of Lessee's agents, contractors, or employees, and from and against aU costs, anorney's fees, expenses and liabilities incurred in the defense of any such claim
or any action or proceeding brought themxl, and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shaD defend
the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hercl!y assumes aU risk of damage to property or injury to
persons, in, upon or about the Premises arising from any cause and Lessee hercl!y waives aU claims in respect thereof against Lessor.
8.6 Exemption of Lessor from Liability. Lessee hercl!y agrees that Lessor shaD not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the
goods, wares, merchandise or other property of Lessee, Lessee's employees, invites, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to
the person of Lessee, Lessee's employees, agents or contractors whether such damage or injury is caused by or results from fue, steam, electricity, gas, water or rain, or from the
breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fIXtUres, or from any other cause, whether the said damage
of injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, and regardless of
whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee. Lessor shaD not be liable for any damages arising from any act or neglect
of any other tenant, if any, of the building in which the Premises are located,
9. Damage or DestrodÌon.
9.1 Partial Damage-Insured, Subject to the provisions of Paragraphs 9.3 and 9,4, if the Premises are damaged and such damage was caused by a casualty covered UDder an insurance
policy required to be maintained pursuant to Paragraph 8.2, Lessor shaD at Lessor's expense repair such damage as SOOll as reasonably possible and this lease shaD continue in full force
and effeèt but Lessor shaD not repair or replace Lessee's fIXtUres equipment or tenant improvements.
9.2 Partial Damage-Uninsured. Subject to the provisions of Paragrapha 9.3 and 9.4, if at any time during the term hereof the Premises are damaged, except by a negligent or willful
act of Lessee (In which event Lessee shaD make the repairs, at its expense) and such damage was caused by a casualty not covered UDder an insurance policy required to be maintained
by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor's option either (i) repair such damage as SOOll as reasonably possible at Lessor's expense, in which event this lease shaD
continue in full force and effect, or (u) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate
this lease as of the date of the occurrence of such damage, In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this lease, Lessee shaD have the
right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from
Lessor, in which event this lease shall continue in full force and effect, and Lessee shaD proceed to make such repairs as SOOll as reasonably possible. If Lessee does not give such notice
within such 10000y period, this lease shaD be canceled and terminated as of the date of the occurrence of such damage.
9.3 Total Destruction. If at any time during the tenn hereof, the Premises are totally destroyed from any cause whether or not covered by the insurance required to be maintained
by Lessor pursuant to Paragraph 8.2 (including any tota1 destruction required by any authorized public authority) this lease shaD automatically terminate as of the date of such tota1
destruction.
9,4 Damage Near End of Term. If the Premises are partially destroyed or damaged during the last six months of the tenn of this lease, Lessor may at Lessor's option cancel and
terminate this lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the date of occurrence of such
damage.
9.S Abatement of Rent: Lessee's Remedies.
(a) If the Premises are partially destroyed or damaged and Lessor or Lessee repairs them pursuant to the provisions of this Paragraph 9, the rent payable hereunder for the period
during which such damage, repair or restoration continues shaD be abated in proportion to the degree to which Lessee's use of the Premises is impaired. Except for abatement of rent,
if any, Lessee shaD have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Lessor shall be obligated to repair or restore the Premises UDder the provisions of this Paragraph 9 and shaD not commence such repair or restoration within 90 days after
such obligations shaD aCClUe, Lessee may at Lessee's option cancel and terminate this lease by giving Lessor written notice of Lessee's election to do so at any time prior to the
commencement of such repair or restoration. In such event this lease shaD terminate as of the date of such notice.
9.6 Termination· Advance Payments, Upon termination of this lease pursuant to this Paragraph 9, an equitable adjustment shall be made concerning advance rent and any advance
payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's security deposit as has not theretofore been applied by Lessor.
9.7 Waiver. Lessee waives the provisions of California Civil Code Sections 1932 (2) and 1933 (4) which relate to termination of leases when the thing leased is destroyed and agrees
that such event shaD be governed by the tenns of this lease.
1 eat Property Taxes,
I1A \;, 0.1 f Tax Increase. Lessor shall a all '
t' \;V by which real pr ' . se over the fiscal tax year 1991 - 1992.
Le' statement forth the amount of such increase and the computation ereo. nn 0
~ Lessee's liability for increased taxes for the last partial year shall be prorated on an annual basis.
10.2 Defmition of ·Real Property· Tax. As used herein, the tenn ·reaI property tax· shall include any fonn of assessment, license fee, commercial rental tax, levy, penalty, or tax
(other than inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school,
agricultural, lighting, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Premises or in the real property of which the Premises
are a part, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises or any tax imposed in substitution, partially or totally,
of any tax previously included within the defmition of real property tax, or any additional tax the nature of which was previously included within the defmition of real property tax.
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10.3 Joint Assessment. If the Premises are not sepsrately assessed, Lessee's liability shall be an equitable propolÛOO of the real property taxes for aU of the land and improvements
included within the tax parcel assessed, such propolÛoo to be determined by Lessor from the respective valuatioos assigned in the assessor's work sheets or such other infonnatioo as
may be reasonable. Lessee's reasooable determinatioo thereof, in good faith, shall be cooclusive.
10.4 Personal Property Taxes.
(a) Lessee shaD pay prior to delinquency aD taxes assessed against and levied upon trade fIXtUres, furnishings, equipment and aU other personal property of Lessee cootained in
the Premises or elsewhere. When possible, Lessee shaD cause said trade fIXtUres, furnishings, equipment and aU other persooal property to be assessed and billed separately from the
real property of Lessor.
(b) If any of Lessee's said persooal property shall be sssessed with Lessor's real property, Lessee shaD pay Lessor the taxes attn"butable to Lessee within 10 days after receipt
of a written statement setting forth the taxes applicable to Lessee's property.
I I. Utilities. Lessee shall psy for all water, gss, heat, light, power, telephooe and other utilities and services supplied to the Premises, together with any taxes thereoo. If such services
are not separately metered to Lessee, Lessee shall pay a reasonable proportion to be determined by Lessor of aU charges jointly metered with other premises,
12. Assignment and Subletting,
12. I· Lessor's Consent Required. Lessee shall not voluntarily or by operatioo of law assign, transfer, mortgage, sublet, or otherwise transfer or encumber aU or any part of Lessee's
interest in this lease or in the Premises, without Lessor's prior written coosent, which Lessor shall not unreasonably withhold. Any sttempted assignment, transfer, mortgage,
encumbrance or subletting without such coosent shall be void, and shall constitute a breach of this lease.
12.2 Notwithstanding the provisioos of Paragraph 12. I hereof, Lessee may assign or sublet the Premises, or any polÛOO thereof, without Lessor's consent, to any corporation which
cootrols, is cootrolled by or is under COllUDOO cootrol with Lessee, or to any corporation resulting from the merger or consolidatioo with Lessee, or to any persoo or entity which acquires
aU the assets of Lessee as a going coocem of the business that is being cooducted 011 the Premises, provided that said assignee assumes, in full, the obligstioos of Lessee under this lease.
Any such assignment shaD not, in any way, affect or limit the liability of Lessee under the terms of this lease even ü after such assignment or subletting, the terms of this lease are
materially changed or altered without the coosent of Lessee, the coosent of whom shall not be necessary.
12.3 No Release of Lessee. Regardless of Lessor's coosent, no subletting or assignment shall release Lessee of Lessee's obligatioo or alter the primaty liability of Lesscc to pay the
rent and to perform aU other obligatioos to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other persoo shall not be deemed to be a waiver by Lessor
of any provisioo hereof. Consent to ooe assignment or subletting shall not be deemed coosent to any subsequent assignment or subletting in the event of default by any assignee of Lessee
or any successor of Lessee in the performance of any of the terms hereof. Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assigncc.
Lessor may consent to subsequent assignments or subletting of this lease or amendments or modificatioos to this lease with assignees of Lessee, without notifying Lessee, or any successor
of Lessee, and without obtaining its or their coosent and such actioo shall not relieve Lessee of liability under this lease.
12.4 Attorney's Fees. In the event Lessee shall assign or sublet the Premises or request the consent of Lessor to any assignment or subletting or Ü Lessee shall request the coosent
of Lessor for any act Lessee proposes to do then Lessee shall pay Lessor's reasonable attorney's fees incurred in connectioo therewith, such attorney's fees not to exceed $250.00 for
each request.
13, Defaults; Remedies.
13.1 Defaults. The occurrence of any ooe or more of the following events shall coostitute a material default and breach of this lease by Lessee:
(a) The vacating or abandooment of the Premises by Lessee.
(b) 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 three clays after written notice thereof from Lessor to Lessee.
(c) The failure by Lessee to observe or perform any of the covenants, cooditions or provisions of this lease to be observed or performed by Lessee, other than descnDed
in Subparagraph (b) above, where such failure shall for a period of 30 days after written notice hereof from Lessor to Lessee, provided, however, that Ü the nature of Lessee's default
is such that more than 30 days are reasonably required for is cure, then Lessee shall not be deemed to be in default Ü Lessee commenced such cure within said 30-day period and
thereafter diligently prosecutes such cure to completioo.
(d) (i) The making by Lessee of any general arrangement for the benefit of creditors, (0) the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a
petitioo for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition ftled against Lessee, the same is dismissed within 60 days), (ÜI) the
appoÏnbnent of a trustee or receiver to take possession of substantiaDy aU of Lessee's assets located at the Premises or of Lessee's interest in this lease, where possession is not restored
to Lesscc within 30 days, or (iv) 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 discharged within 30 days.
(e) The discovery by Lessor thst any fmancial statement given to Lessor by Lessee, any subtenant of Lessee, any successor in interest of Lessee or any guarantor of Lesscc's
obligation hereunder, and any of them, was materially false,
13.2 Remedies. 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 any 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 immediately surrender possessioo of
the Premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reas~ of Lessee's default including, but not limited to, the
cost of recovering possession of the Premises, expenses of reletting including necessary rcnovatioo and alteratioo of the Premises, reasonable attorney's fees, and any 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 pOlÛon of the leasing commissioo paid by Lessor pursuant
to Paragraph IS applicable to the unexpired term of this lease.
(b) Maintain Lessee's right to possession in which case this lease shall continue in effect whether or not Lessee shall have abandooed the Premises. In such event Lessor shall
be. entitled to enforce aU of Lessor's rights and remedies under this lease, including the right to recover the rent as it becomes due hereunder.
(c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisioos of the State of California.
13,3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligstions required of Lessor within a reasonable time, but in no event later that 30 days after
written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises wþose name and address shall have theretofore been furnished to Lessee
in writing, specïJying wherein Lessor has failed to perform such obligatioo: provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required
for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completioo,
13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by
this lease, the exact amount of which will extremely difficult tko ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may
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be imposed OIl Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any instaIlment of rent or any other sum duc from Lessee ahaII not be m:cived
by Lessor or Lessor's designee within ten (10) days after such amount shaU be due, Lessee sbaD pay a late charge equal to tbrcc perccot (3 '16) of such overdue amount plus OIlc-tenth
of OIle perccot (0.1 %) of such overdue amount for each day that it is late beYOlld the ten (10) day grace period. The Parties hereby agree that such late charge reprcscots a fair and
reasonable estimate of the costs Lessor will incur by reasoo of late paymcot by Lessee. Accepl40ce of such late charge by Lessor sbaD in no eVC!1t COllsÛlllte a waiver of Lessee's default
with respect to such overdue amount nor prevcot Lessor from exercising any of the other rights and remedies hereunder.
14. Condemnation. If the Premises or any portion thereof arc taken under the power of eminent domain, or sold under the threat of the exercise of said power (aU of which arc herein
clUed ·cOlldcmnaûOIl·). This Lease sbaD terminate as to the part so takco as of the date the coodemoing authority takes ûtle or POSsesSiOll, whichever f!fst occurs. If more that 10%
of the floor area of the improvements OIl the premises or more than 25'16 of the land area of the Premises which ia not occupied by any improvements is takco by cOlldemoaûOll, Lessee
may at Lessee's OPÛOll to be exercised in writing only within ten (10) days after Lessor sbaD have givco Lcsscc writtco notice of such taking (or in the absence of such notice within
ten (10) days after the coodemning authority shaU have takco possessiOll) terminates this Lease as of the date the cOlldemoing authority takes such possessiOll. If Lessee docs not terminate
this Lease in accordance with the foregoing, this Lease shaU remain in fuU force and effect as to the por1ÍOIl of the Premises remaining except that the rent sbaD be reduced in the
proportiOll that the floor area takco bears to the total floor area of the building situated OIl the Premises. Any award for the taking of aU or any part of the Premises under the power
of emincot domain or the payment mae under threat of the exercise of such power shaU be the property of Lessor, whether such award shaU be made as compcosaÛOll for diminution
in value of the leasehold or for the taking of the fee, or as severance damages, provided, however, that Lessee sbaD be coûtled to any award for loss of or damage to Lessee's trade
f1Xlilres and removable persooa1 property in the evcot that this Lease is not terminated by reasOll of such CoodcmnaÛOll. Lessor ahaII, to the extent of severance damages received by
Lessor in CoonecÛOll with such coodcmnaûon, repair any damage to the Premises caused by such condcmnaûOll except to the extent at Lessee has been reimbursed therefor by the
cOlldemoing authority. Lessee sbaD pay any amount in excess of such severance damages required to complete such repair.
1 . roker's Fee. Upon execuûoo of this Lease by both parties, Lessor sbaD pay to N/A ,licensed real estate brokers, a fee as set f, ent
een oker, or in the evcot there is no separate licensed real estate broker, a fee as set forth in a separate of $324.00, for brokerage services
%rendered by said broker to Lessor m . . Lessor further agrees that if Lessee exercises an' rem or any OPÛOll substanûaUy similar thereto, either to extend
the term of this Lease, to renew tbia Lease, to purchase . s or an or any adjacent property which Lessor may own or in which Lessor bas an interest, or
any other OPÛOll granted herein, or if said broker is the procu ' se or sale cotered into between the parties pertaining to the Premises anellor any adjacœt property
in which Lessor bas an interest, thco as transactions Lessor sbaD pay said . accordance with the schedule of said broker in effect at the time of CXecuÛOll
of this lease. Lessor ay said fee not only OIl bcbalf of Lessor but also OIl bcba1f of any persoo, cotpO " .. or other coûty having an ownership interest in said
real prope any part thereof, whco such fee is due hereunder. Any transferee of Lessor's interest in this Lease, by accepting an asslg1UDco be deemed to
sumed Lessor'a obligaûOll under this Paragraph 15. Said broker sbaD be a third party beneficiary of the provisions of this Paragraph,
16. General Provisions.
16.1 Estoppel Certificate.
(a) Lessee sbaD at any time upon not less than ten (10) days' prior writtco notice from Lessor execute, acknowledge and deliver to Lessor a statement in writing (i) certifying
that this Lease is unmodified and in fuU force and effect (or, if modified, stating the nature of such modificaûOll and certifying that this Lease, as so modified, is in fuU force and effect)
and the date to which the rent and other charges are paid in advance, if any, and (0) acknowledging that there are not, to Lessee's knowledge, any uncured defaults OIl the part of Lessor
hereunder, or specifying such defaults if any arc claimed. Any such statemcot may be conclusively relied upon by any prospecûve purchase or cocumbrance of the Premises.
(h) Lessee'a failure to deliver such statement within such time sbaD be conclusive upon Lessee (i) that the Lease is in fuU force and effect without modificaûon except as may
be represented by Lessor, )0) that there arc no uncured defaults in Lessor's
performance, and (m) that not more than one mon' s rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under this Lease.
(c) If Lessor desires to fmance or refmance the Premises, or any part thereof, Lessee hereby agrees 10 deliver 10 any lender designated by Lessor such fmancial statements of Lessee
as may be J'CISonably required by such lcoder. Such statements shaU include the past tbrcc years' fmancial statements of Lessee. AU such fmancial statements ahaII be received by Lessor
in contidcoce and sbaD be used only for the pUlposes herein set forth.
16.2 Lessor's Liability. The term ·Lessor· as used herein shaU mean only the owner or owners at the time in quesûon of the fee ûtle of a lessee's interest in a ground lease of the
Premises, and except as expressly provided in Paragraph 15, in the evcot of any transfer of such ûtle or interest, Lessor herein named (and in case of any subsequent transfers the then
grantor) sbaD be relieved from and after the date of such transfer of aU liability as respects Lessor's obligaûon thereafter to be performed, provided that any funds in the hands of Lessor
or the thco grantor at the time of such transfer, in which Lessee bas an interest, shaU be delivered to the grantee. The obligaûons contained in this Lease to be performed by Lessor
sbaD, subject as aforesaid, be binding on Lessor'a successors and assigns, only during their respecûve periods of ownership.
16.3 Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdicûon sbaD in no way affect the validity of any other provision hereof.
16,4 Interest OIl Past-duc Obligaûons. Except as expressly herein provided, any amount due to Lessor not paid whco due shaU bear interest at 10% per annum from the date due.
Paymcot of such interest sbaD not excuse or cure any default by Lessee under this Lesse,. provided, however, that interest shaU not be payable on late charges incurred by Lessee nor
on any amounts upon which late charges. arc paid by Lessee.
16,5 Time of Essence. Time is of the esscoce.
16.6 Capûons. Article and paragraph capûons are not a part hereof.
16,' Incorporaûon of Prior Agreements; Amendments. This lease contains aU agreements of the parties with respect to any matter menûoned herein. No prior agreement or
understanding pertaining to any such matter shaU be effecûve, This Lesse may be modified in writing only, signed by the parties in interest at the time of the modificaûOll. Except
as otherwise stated in this Lease, Lessee hereby acknowledges that neither the real estate broker listed in Paragraph 15 hereof nor any coopcrating broker on this transacÛOll nor the
Lessor or any employees or agents of any of said persons has made any oral or written walT8Dûes or represcotaûons to Lessee relaûve to the condiûon or use by Lessee of said Premises
and Lessee acknowledges that lessee assumes aU responsibility regarding the Occupaûonal Safety Health Act, the legal use and adaptability of the Premises and the compliance thereof
with aU applicable laws ànd regulaûons in effect during the term of this Lease except as otherwise specifically stated in this Lease.
16.8 Notices. Any notice required or permitted to be given hereunder shaU be in writing and may be given by personal delivery ~r by certified mail, and if givco personally or by
mail, shaU be deemed sufficiently givco if addressed to Lessee or to Lessor at the address noled below the signature of the respecûve parties, as the case may be. Either party may by
notice to the other specify a different address for noûce pUlposes except that upon Lessee's taking possession of the Premises, the Premises shall consûtute Lessee's address for notice
pUIpOses. A copy of aU notices required or permitted to be given to Lessor hereundcr shall be concurrently transmitted 10 such party or parties at such addresses as Lessor may from
time to time hereafter designate by notice to Lessee,
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16,9 Waivers. No waiver by Lessor of any provisioo bereof shall be dccme<! a waiver of any other provisioo bereof or of any subsequcut breacb by Lessu of the same of any other
provisioo. Lessor's cooscnt to or approval of any act shall not be dccme<! to reoder unnccessuy the obtaining of Lessor's coosent to or approval of any subsequent act by Lessu. The
acceptance of reot bereunder by Lessor shall not be a waiver of any prece<!ing breacb by Lesscc of any provisioo bereof, other than the failure of Lessee to pay the particular rcot so
accepted, regardless of Lessor's knowledge of sucb prece<!ing breacb at the time of acceptance of sucb reot. .
16.10 Recording, Lessu sball not record this Lease without Lessor's prior wriltcD cooscnt, and sucb recordatioo sball, at the optioo of Lessor coostitute a noo-curable defauh of Lessee
bereunder. Either party sball, upon request of the other, execute, acknowlcdge and deliver to the other a ·sbort form· memorandum of this Lesse for recording purposes.
16.11 Holding Over. If Lessee remains in possessioo of the Premises or any part thereof after the expiratioo of the term bereof without the express written coosent of Lessor, sucb
occupancy sba11 be a tenancy from mooth to mooth at a rcotal in the amount of the last monthly rental plus all other charges payable bereunder, and upoo all the terms bereof applicable
to a mooth-to-mooth tenancy.
16.12 Cumulative Remedies. No remedy or electioo bereunder shall be dccme<! exclusive but sball, wherever possible, be cumulative with all other l'CIDe<!ies at law or in equity.
16.13 Covenants and Cooditions. Eacb provisioo of this Lesse performable by Lessee sball be dccme<! both a covenant and a cooditioo.
16.14 Binding Effect; Choice of Law. Subject to any provisioos bereof restricting assignmcut or subletting by Lessu and subject to the provisioos of Paragrapb 16.2, this Lease abaII
bind the parties, their persooa1 representatives, successors and assigns. This Lease sball be governe<! by the laws of the State of California.
16.15 Subordinatioo.
<a) This Lease, at Lessor's optioo, sball be subordinate to any ground lease, mortgage, deed of trust, or any other bypotbecatioo for security now or hereafter place<! upon
the real property of which the Premises arc a part and to any and all advances made on the security thereof and to all renewals, modificatioos, consolidations, replacemcuts and extensions
thereof. Notwithstanding such subordinatioo, Leasee's rigbt to quiet possession of the Premises sball not be disturbed if Lessee is not in default and so long as Lessee sball psy the reot
and observe and perform all of the provisioos of this Lease, unless this Lease is otherwise terminated pursuant to its terms, If any mortgagee, trustee or ground lessor shall elect to
have this Lease prior to the lien of its mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequcut to the date of said mortgage, deed of trust or ground
lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate such subordinatioo or to make this Lease prior 10 the licu of any mortgage, deed of trust or ground lease,
as the case may be, and failing to do so within ten (10) days after writlcn demand, docs bereby make, constitute and irrevocably appoint Lessor as Lesscc's aßorncy in fact and in Leascc's
name, place and stead, to do so.
16.16 Attorney's Fees. If either party of the broker name<! herein brings an action 10 enforce the terms hereof or declare rights bereunder, the prevailing party in any sucb actioo,
on trial or appeal, sball be entitled to his reasonable attorney's fus 10 be paid by the losing party as fIXe<! by the court, The provisions of this paragrapb shall inure to the benefit of
the broker name<! herein who seeks to enforce a rigbt hereunder.
16.17 Lessor's Access. Lessor and Lessor's agents sball have the rigbtlo cuter the Premises at reasOnable times for tlÌe pUrpose of inspecting the same, showing the same to prospective
purchasers, lenders, or lessees, and making sucb alterations, repairs, improvements or additions 10 the Premises or 10 the building of which they arc a part as Lessor may clecmncccssuy
or desirable. Lessor may at any time place 011 or about the Premises any ordinuy ·For Sale· signs and Lessor may at any time during the last 120 days of the term hereof place on
or about the Premises any ordinaJy ·For Lease· signs, all without rebate of reot or liability to Lessee.
16.18 Signs and Auctioos. Lessu shall not place any sign upon the Premises or conduct any auction thereon without Lessor's prior writlcn consent except that Lessu sball have the
right, without the prior permission of Leasor to place ordinal)' and usual for reot or sublet signs thereon,
16.19 Merger. The volunla1y or other surrender of this lease by Lessee, or a mutual cancellation thereof, or a termination by Lessor, sball not work a merger, and sball, at the option
of Leasor, terminate all or any existing subtenancies or may, at the option of Lessor, operate as an assignmcut 10 Leasor of any or all of such subtenancies.
16.20 Corporate Authority. If Lessu is a corporation, each individual executing this lease 011 bcbaIf of said corporation represcuts and warrants that be is duly authorized to execute
and deliver this lease 011 bcbalf of said corporation in accordance with a duly adopted resolution of the Board of Direclors of said corporation or in accordance with the Bylaws of said
corporation, and that this lease is binding upon said corporation in accordance with its terms, If Lessee is a corporation Lessu sball, within thirty (30) days after execution of this lease,
deliver to Lessor a certified copy of a resolution of the Board of Direclors of said corporation authorizing or ratifying the execution of this lease.
16.21 Consents. Wherever in this lease the cooscnt of one party is required 10 an act of the other party such consent sball not be unreasonably withheld.
16.22 Guarantor. In the event that there is a guarantor of this lease, said guaranlor sball have the same obligations as Lessu under Paragraphs 16.1 and 16.20 of this lease.
16.23 Quiet Possession. Upon Lessee paying the fIXe<! rent reserve<! hereunder and obseIV.ing and performing all of the covenants, conditions and provisions 011 Lessee's part 10 be
observe<! and performe<! bereunder, Lessu sball have quiet possession of the Premises for the cutire term bereof subject 10 all the provisions of this lease.
16.24 Options. In the evcut that the Lessu, under the terms of this lease, has any option 10 extend the term of this lease, or any option to purchase the Premises or any rigbt of fust
refusal 10 purchase the Premises or other property of Lessor , thcu eacb of sucb options and rigbts are personal to Lesscc and may not be exercise<! or be assigned, voluntarily or
involuntarily, by or 10 any ooe other than Lessee except that it may be exercised by or assigned to any of the cutities described in Paragrapb 12.2 hereof for wbom Lessee docs not need
the consent of Lessor to assign this lease, In the event that Lessee bereunder has any multiple options 10 extend this lease, a later option 10 extend the lease cannot be exercised unless
the prior option has been so exercise<!. No option may be exercise<! at a time wben the Lessu is in default under its obligations under this lease.
16,25 Multiple Tenant Building. In the event that the Premises arc part of a laJger building or group of buildings thcu Lessu agrees that it will abide by, kcep and observe all
reasonable roles and regulations which Lessor may make from time 10 time for the management, safety, care, and cleanliness of the building and grounds, the parlcing of vehicles and
the preservation of good order therein as well as for the convenience of other occupants and tenants of the building, Further, Lessee will promptly pay its pro nta share, as reasonably
determine<! by Lessor, of any maintenance or repair of such portion of the Premises or such portion of the property of which the Premises are a part, which arc common areas or used
by Lessee and other occupants thereof. The violations of any such rules and regulations, or the failure 10 pay such pro rata share of costs, sball ~ deemed a material breach of this
lease by Lessee.
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16.26 Additional Provisions. If there arc DO additional provisiOlls draw a line from this point to the Dext printed word after the space left here. If there arc DO additional provisiOlls
place the same here.
17. Hazardous Substance. Lessee shall Dot own or operate, Dor shall Lessee allow any tenant, sublessee, agent, employee, cOlltractor, licensee, or ÎDvit.cc to own or operate, illy
facility 011 or about the Premises at which any hazMdous substance (as defmed in United States Code 9601 (14» or any hazardous waste (as defmed in the Health and Safety Code of
California 25117) was produced, stored, dumped, or otherwise disposed of, and DO hazardous substance (as dcfmed above) or hazMdous waste (as defmed above) has been improperly
handled, stored, used, processed, dumped, or otherwise disposed of 011 or about the Premises, Other than water, DO liquids or wastes of any kind arc to be disposed of OIl the Prcmíscs.
APPENDIX
The monthly rent shall be $300 for the flnt twelve months of the term of this lease. On each of the subsequent aDDÎversary dates the rent shaU be increased by four perccot (496)
to reflect the expected increase in the cost of living. Thus, the monthly rents shall be the foUowing:
$30(j,(fust year)
$312 (second year)
$324 (third year)
$337 (fourth year)
$351 (ftfth year)
Parties hereto have executed this lease at the place on the dates specified immediately adjacent to their respective signatures.
Executed at T<eJ,^,,,~ G.dJ) (:"I.,.f
on fV\ '\ .,.c.1., ~) I '1. ~ :5
Address t\SS 6J~ eG I..f.~ Uaj
ReJ..JdcJd U'j,' Cr,l:f- Cf4-ObI
By4M.,;... ~~/!~
By
"LESSOR"
Executed at ßcf'0!;'e/c!
on .MClrCS ;20 f 1'173
Address 57/7 Gq(''J It.-
;'
Cq/~
,
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:tII Q-
"LESSEE"
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hw) . ptIVY\'w~(;~ --b \Å./stctP ~t and
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7
Initials:
I
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e Bakersfield Fire Dep.
HAZARDOUS MATERIALS DIVISION
Date Completed 8 - 4...,. q '4
Business Name: Av8 t"\012~ Au-ro Móínl c..
Location: ?ð4S S, Q tJtO N
",..... -
J
I
I
Business Identification No. 215-000 ~ (Top of Business Plan)
Station No. 5 Shift f?J Inspector wAíI<:\NS./ {2.0E-
I
Verification of Inventory Materials
Verification of Quantities
Verification of Location
Proper Segregation of Material
Comments:
Adequate
ri
Q'
Qf
m
Inadequate
D
D
D
D
RECEIVED
AUG 0 6·1992
HAZ. "_AA T. DIV.
.'
a(
Verification of MSDS Availablity
I
Number of Employees
-'
Verification of Haz Mat Training
Comment~:
Verification of Abatement Supplies & Procedures
Comments:
D
{Ø
D
m
D
Emergency Procedures Posted
Containers Properly Labeled
Comments:
m
g
D
D
D
Verification of Facility Diagram
Special Hazards Associated with this Facility:
æ(
Violations: I -fJæD S {V\S\)S 5~'Eb
All Items O.K. D
Correction Needed ~
FD 1652 (Rev. 1-90)
White-Haz Mat Div. Yellow·Station Copy Pink· Business Copy
_ i:(i e e r~(Ç;~llw~D
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t
04/27/92 ASHMORES AUTOMOTIVE 215-000-000424 r MAY 21 1992 P :! 1
Overall Site with 1 Fac. Unit
General Information By
-.~.~
Location: 5345 S UNION AV Map: 124 Hazard: Low
Community: BAKERSFIELD STATION 05 Grid: 19B FlU: 1 AOV: 0.0
- Contact Name Title Business Phone - 24-Hour Phone
JEFF ASHMORE OWNER (805) 836-3829 x (805) 836-2812
JEFF ASHMORE SR (805) 836-3829 x (805) 834-3207
. \
Administrative Data
Mail Addrs: 5345 S UNION AV D&B Number:
City: BAKERSFIELD State: CA Zip: 93307-
Comm Code: 215-005 BAKERSFIELD STATION 05 SIC Code:
--
Owner: JEFF ASHMORE Phone: (805) 836-3829
Address: 5345 S UNION AV State: CA
City: BAKERSFIELD Zip: 93307-
Summary
cY+L-
-~ . Jc-~f fJ5?nlJre- Do heraby certify that I have
,pe Of print name)
reviGwed the attached hazardous materials manage-
moot plan f~r A5~~8rrs q,!7ÒP1d;'vand that ¡: along with
(Name of BusinGea)
any corrections constitute a complete and correct man..
agemem plan for my facility.
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04/27/92
ASHMORES AUTOMOTIVE 215-000-000424
02 - Fixed Containers on Site
Page
2
Hazmat Inventory Detail in Reference Number Order
02-001 WASTE .OIL
~. Fire, Delay Hlth
Liquid
200 Low
GAL
CAS #: 221
Trade Secret: No
Form: Liquid
Type: Waste
Days: 365 Use: WASTE
Daily Max GAL ~DailyAverage GAL --r-- Annual Amount GAL --
200 I .~ I 200.00
- ...E1J('1QYþy..-
Storage r Press T Temp -:I Location
DRUM/BARREL-METALLIC Ambient Ambient REAR OF BUILDING
- Conc l- - - Components
100.0% Waste Oil, Petroleum Based
I-=- MCP ---rList
Low I
,,.
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..
04/27/92
ASHMORES AUTOMOTIVE 215-000-000424
, 00 - Overall Site
Page
3
/
<D> Notif./Evacuation/Medical
<1> Agency Notification
CALL 911
<2> Employee Notif./Evacuation,
NO EMPLOYEES
<3> Public Notif./Evacuation
VERBAL
<4> Emergency Medical Plan
NEAREST HOSPITAL
/
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~
04/27/92
ASHMORES AUTOMOTIVE 215-000-000424
00 - Overall Site
Page
4
<E> Mitigation/Prevent/Abatemt.
<1> Release Prevention
MATERIALS STORED IN AN OIL DRUM.
<2> Release Containment
OIL DRUM IS AWAY FROM BUILDING AND IS A SEALED DRUM.
, (
<3> Clean Up
CLEAN-UP PROCEDURES IS IMPLEMENTED AFTER EACH USE OR DUMPING.
<4> Other Resource Activation
ø
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04</27/92
ASHMORES AUTOMOTIVE 215-000-000424
00 - Overall Site
Page
5
<F> Site Emergency Factors
I..,
i
I <1> Special Hazards
I
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,~
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<2> Utility'Shut-Offs
/
'}.' -
A) GAS - NONE
B) ELECTRICAL - INSIDE BACK DOOR OF SHOP
C) WATER - SHUT OFF VALVE IS BEHIND SHOP ROUGHLY 100 YDS AWAY
D) SPECIAL - NONE
E) LOCK BOX -NO
_,._ :_(, i
-
<3> Fire Protec./Avail. Water
PRIVATE FIRE PROTECTION - 2 FIRE EXTINGUISHERS
FIRE HYDRANT - ?????????????
q{)(J(j t If to sh(JlldÎed 10/'/5'- .
North 00 çq5T 5/rIe of
(j17¡ot7 at-we-·T M/I/~5
eel/' tur6~ .
<4> Building Occupancy Level
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04/27/92
ASHMORES AUTOMOTIVE 215-000-000424
00 - Overall Site
..
Page
6
<G> Training
<1> Page 1
WE HAVE NO EMPLOYEES AT THIS FACILITY
DO YOU HAVE MATERIALS SAFETY DATA SHEETS ON FILE?
OWNER/OPERATOR
/
I
<2> Page 2 as needed
<3> Held for Future Use
<4> Held for Future Use
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Bakersfield Fire Dept.
Hazardous Materials Division
2130 "G" Street
Bakersfield, CA. 93301 . ~
1~~ . Jq?-
HAZARDOUS MATERIALS MANA MENT PLAN
I~ tjJ ~~ql6
5-5ß /'
F¿t ~,
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RECEIVED
OfC 0 4 1991
H/!7 MAT, DIV.
0-
INSTRUCTIONS:
l.
2.
3.
4.
.
To avoid further action, return this form within 30 days of receipt.
TYPE/PRINT ANSWERS IN ENGLISH.
Answer the questions below for the business as a whole.
Be brief and' concise as possible. .
SECTION 1: BUSINESS IDENTIFICATION DATA
BUSINESS NAME: &h I'ÎÆÆ)r~(S A-vt;{lnJlY) ~-ve.....
LOCATION: S?')LÍs ::;, dV1fOlf\ -AVeAIJMh
MAILING ADDRESS: S3L1C; S, U (l(()n ,AV~iI1ILl~
0_1/ (, { n {A C\2:J 1 9:.,? ¡ -;3C' "\C11
ClfY:J::(A~~er >::1\ tÆ or STATE: -"--- ZIP: !:J-:)O PHONE: 1lv!:Z Dd_
#
DUN & BRADSTREET NUMBER: SIC CODE:
PRIMARY ACTIVITY: A,u-l-o Vll(1~~l1(' . {2t.fQ',\
OWNER: . \e~Ç·f Ah '\It,Of{/,
MAILING ADDRESS: S-3\..lç S, UlÝ\lOV\ rAve.. V\),;LL t ß (~ (J\ Di9£;7
SECTION 2: EMERGENCY NOTIFICATION:
CONTACT TITLE
1, ~~' -ÆJ\r~-\)(G CJvJk\tr
sr,
2.
BUS, PHONE
b3b ·3'B,,)C¡
24 HR. PHONE
8"~ I:, 'dð/;¿-
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Bakersfield Fire Dept.
Hazardous Materials Division
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HAZARDOUS MATERIALS MANAGEMENT PLAN
'~~?'t~~~ ~ \_~ ...~~; j
,\j,r¡SEOTION \3: TRAINING:
NUMBER OF EMPLOYEES: ø
MATERIAL SAFETY DATA SHEETS ON FILE:
BRIEF SUMMARY OF TRAINING PROGRAM:
~ . ~Ql~(0!0- ! Q~_~Y~_
I,
"
S.ECTION4: EXEMPTION REQUEST:
I·
I CERTIFY UNDER PENALTY OF- PERJURY THAT MY BUSINESS IS EXEMPT FROM THE
REPORTING REQUIREMENTS OF CHAPTER 6,95 OF THE "CALlFORNIA HEALTH &
SAFETY CODEII FOR THE FOLLOWING REASONS:
WE DO NOT HANDLE HAZARDOUS MATERIALS,
~--- _._~/-- WE-õb 'HÄt\rDlE~RÄZÄRD-OOS-MÄTERIÅtS; 8tH THE QlJANllnES-AT-NO
TIMEEXCEED THE MINIMUM REPORTING QUANTITIES,
--- --
OTHER (SPECIFY REASON)
SECTION 5: CERTIFICATION:
I, jpJ..Ç Ibh tyWYv CERTIFY THAT THE ABOVE INFOR-
MATION IS ACCURATE, I UNDERSTAND THAT THIS INFORMATION WILL BE USED TO
FULFILL MY FIRM'S OBLIGATIONS UNDER THE "CAlIFORNIA HEALTH AND SAFETY CODE"
ON HAZARDOUS MATERIALS (DIV, 20 CHAPTER 6.95 SEC. 255PO ET AL.) AND THAT
INACCURATE INFORMATION CONSTITUTES PERJURY.
1 t .- C¡ I
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DATE
2,
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Bakersfield Fire Dept.
Hazardous Materials Division
HAZARDOUS MATERIALS MANAGEMENT PLAN
SECTION 7: MITIGATION, PREVENTION AND ABATEMENT PLAN:
A,
RELEASE PREVENTION STEPS:
~0J0 ~ ~ (lU\ ~ ~,.
.'
.,
,
B.
RELEASE CONTAINMENT AND/OR MINIMIZATION:
0<1 ~ IS ().µ)~ ~M ß4
~.6 {Â ~f-~,
I,
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C, CLEAN-UP, PROCEDURES:
~~~ (>'Vó-~'l.L \~ <\~ ~
J.û..dA. ~ (')v ~~~ . "
\
SECTION 8: UTILITY SHUT-OFFS (LOCATION OF SHUT-OFFS AT YOUR FACILITY):
NATURAL GAS/PROPANE: ~ Pc
ELECTRICAL: \h-S;~ k>a.dL ~ Vb S~
WATER: s\u,d- U1Jb ú~ -l~ ~ ~~1f M"l~ A LOO ~k (}w~.
SPECIAL: NO .
LOCK BOX: YES/@ IF YES, LOCATION:
SECTION 9: PRIVATE FIRE PROTECTION/WATER A V AILABllITY:
A, PRIVATE FIRE PROTECTION:
C¿. -hre, ~hC)W<6hu&'.
B. WATER AVAILABILITY (FIRE HYDRANT):
~~
4,
FD159rJ
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Bakersfield Firé Dept.
Hazardous Materials Division,
·~v~.
~
HAZARDOUS MATERIALS MANAGEMENT PLAN
Facility Unit Name:
SECTION 6: NOTIFICATION AND EVACUATION PROCEDURES:
A. AGENCY NOTIFICATION PROCEDURES:
Q~ '~Ø!
~ 6 . 0t\
:'
B. EMPLOYEE NOTIFICATION AND EVACUATION:
~
,
- -
..
.
I
C, PUBLIC EV CUATlON:
~
D. EMERGEN Y MEDICAL PLAN:
'vfl12{J)lUJi.. ~
. 3,
FÐif;?
BUSINESS NAME:k~~ M-b~')~
LOCATION: ~'-t~ fro. i1~
CITY, ZIP: ~/'.A"'.(oQÅ JA .q~3b7
PHONE I: ~~L.óg~
..
NON - TRADE SECRET
OWNER NAME: ..)e'+:-.{- ~yú ,'" ":
ADDRESS: S~~ '''; Ave... ."
CITY, ZIP: ' ',' d (A 4~'3()7
PHONE _,I: 1<.~b' '3<ï<;).(j , ':-
pageLof-.Ì.
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CJ Farm and Agriculture~ Standard Business
CITY
HAZARDOUS MATERIALS INVENTORY
OF
BAKER.SFIELD
NAME OF THIS 'FACILITY:
STANDARD IND. CLASS CODE:
DUN AND BRADSTREET NUMBER/FEDERAL ID *
",'
1
Trans
I, i
Physical and Health Hazard C.A.S. Number Component , 1 Name' C.A.S. Number
(Check all that apply)
0 0 o Reactivity 0 0 Component , 2 Name , C.A.S. NÌ1mber
I Fire Bazard Sudden Release Inunediate Delayed
I
Ii of Pressure Health Health Component , 3 Name & C.A.S. Number
Physical and Health Hazard C.A.S. Number Component , 1 Name', C.A.S. Number
(Check all that apply)
0 0 0 0 Component , 2 Name , C.A.S. Number
0 Fire Hazard Sudden Release Reactivity Inunediate Delayed
of Pressure Health Health Component II 3 Name' C.A.S. Number
Physical and Health Hazard
(Check all that apply)
Cì Fire Bazard 0 Sudden Release 0 Reactivity 0 Inunediate 0 Delayed
I of Pressure Health Health
I
I
C.A.S. Number
Component , 1 Name , C.A.S. Number
Component , 2 Name & C.A.S. Number
Component 1/ 3 Name , C.A.S. Number
Name
Title
Component , 1 Name & C.A.S. Number
Component , 2 Name & C.A.S. Number
Component 1/ 3 Name & C.A.S. Number
12
24 Hr. Phone Name Title 24 Hr Phone
Physical and Health Hazard
(Check all that apply)
o Fire Hazard 0 Sudden Release
of Pressure
C.A.S. Number
Q Reactivity 0 Inunediate 0 Delayed
Health Health
EMERGENCY CONTACTS #1
Certification (READ AND SIGN AFTER COMPLETING ALL SECTIONS)
I certify under peanlty of la.., that I haver personally examined and am familiar ..,ith the information submitted in this and all attached documents and that based on my inquiry of those
individuals responsible for obtaining the information., I believe that the submitted information is true, accurate, and complete.
..
NAME AND OFFICIAL TITLE OF OWNER/OPERATOR OR OWNER/OPERATOR'S AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE SIGNED
..
e
e
Bakersfield Fire Dept.·
Hazardous Materials Division
. 2130 "G" Street
Bakersfield, CA 93301
F'~ Gr b-
r.-- '
,.' RECEIVED
l~JJI\JUN , J '991 I
.H~MAT. Drv
" '
. ..- -. -
. -.- .;--. - - -'-~-.__. -- ,-
INSTRUCTIONS:
HAZARDOUS MATERIALS MANAGEMENT PLAN
'"'-1\ - ,q 66
\(7 L
5.--0 ~
~ J'lf
1. To avoid further action, return this form within 30 days of receipt.
2. TYPE/PRINT ANSWERS IN ENGLISH.
3, Answer the questions below for the business as a w. lole. ~, .
4. Be brief and concise as possible. ) (}--1 ~ -
SECTION 1: BUSINESS IDENTIFICATION DATA
BUSINESS NAME: 6
LOCATION: 13(1 {¿er:b!1Jt.Ð
MAILING ADDRESS: 6=?,Ll6 50. U h ; Dn
CITY: &vJ1/tr.:sfi'.e\cP STATE: StL ZIP:~~~ PHONE: <go$-Kßb-ß8~
DUN & BRADSTREET NUMBER: SIC CODE:
PRIMARY ACTIVITY:
OWNER: JCZf't ÅSH"Ynoa
MAILING ADDRESS: C;~~c:;- ~ U,A~D Yt { &,fCerc;jj'\JJAc( eft CZ33DÎ
-'
SECTION 2: EMERGENCY NOTIFICATION:
CONTACT
TITLE
BUS. PHONE
24 HR, PHONE
1.
2.
1.
FD1590
,
_ Bakersfield Fire Dept. ·e
, ~ Hazardous Materials Division
n~;¡V¡~:)~].F, HAZARDOUS MATERIALS MANAGEMENT PLAN
-
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SEÇ,II Q Na3;'i':\1ÌRÃf'Ñ' N G:
'! \f ~.; .
NUMBER OF EMPLOYEES:
- .._-----,. --_..-.--_.-..~- --
- - ..
___~~~_~_~_~.._ .. :____.____.d'
MATERIAL SAFETY/DATA SHEETS ON FILE:
BRIEF SUMMARY OF TRAINING PROGRAM:
SECTION 4: EXEMPTION REQUEST:
I CERTIFY UNDER PENALTY OF PERJURY THAT MY BUSINESS IS EXEMPT FROM THE
REPORTING REQUIREMENTS OF CHAPTER 6.95 OF THE "CALIFORNIA HEALTH &
SAFETY CODE" FOR THE FOLLOWING REASONS:
WE DO NOT HANDLE HAZARDOUS MATERIALS.
~ WE DO HANDLE HAZARDOUS MATERIALS, BUT THE QUANTITIES AT NO
TIMEEXCEED THE MINIMUM REPORTING QUANTITIES.
OTHER (SPECIFY REASON)
I'·
SECTION 5: CERTIFICATION:
I, .JeÇp Asl:-h'n-6 (2,8 CERTIFY THAT THE ABOVE INFOR-
MATION IS ACCURATE. I UNDERSTAND THAT THIS INFORMATION WILL BE USED TO
FULFILL MY FIRM'S OBLIGATIONS UNDER THE "CALIFORNIA HEALTH AND SAFETY CODE" .
ON HAZARDOUS MATERIALS (DIV. 20 CHAPTER 6.95 SEC, 25500 ET AL.) AND THAT
INACCU ATE I~FO MATlONCONSTITUTES PERJURY.
'm. .__ '~H_ _.__ ._
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-
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DATE
2.
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e···. Bakersfield Fire Dept...
Hazardous Materials Divisio~
HAZARDOUS MATERIALS MANAGEMENT PLAN
Facility Unit Name:
SECTION' 6:· NOTIFICATIONÃND EVACUATION PROCEDURES:' c.-,__-,,~",,-,
-. ._-. -- . -.-
- . _.n ____ .
A, AGENCY NOTIFICATION PROCEDURES:
B. EMPLOYEE NOTIFICATION AND EVACUATION:
C, PUBLIC EVACUATION:
D. EMERGENCY MEDICAL PLAN:
3.
u. 0___ ,,_ .. .
FOl$1O
e' Bakersfield Fire Dept. e
Hazardous Materials Division
-~
HAZARDOUS MATERIALS MANAGEMENT- PLAN
SECTION 7: MITIGATION, PREVENTION AND ABATEMENT PLAN:
-.-~.-~..- .- --- ---- - --- -~------------ --- .
A. RELEASE PREVENTION STEPS:
~--_.......-o""_~",,",,,_______.__' .
..--.-------,,------.-'..,. - -~.-- ""-'-" ,..,.-.---.
8, RELEASE CONTAINMENT AND/OR MINIMIZATION:
C, CLEAN-UP PROCEDURE$:
SECTION 8: UTILITY SHUT-OFFS (LOCATION OF SHUT-OFFS AT YOUR FACILITY):
NATURAL GAS/PROPANE:
ELECTRICAL:
WATER:
SPECIAL:
. LOCK 80X: YES/NO
IF YES, tOCA nON:
SECTION 9: PRIVATE FIRE PROTECTION/WATER A V AILABILITY:
A. PRIVATE FIRE PROTECTION:
8, WATER A V AILA81L1TY (FIRE HYDRANT):
4.
FD1590