HomeMy WebLinkAboutCC Resolution 9412 (Rent Police Dept. Satellite Office)RESOLUTION NO. 9412
A RESOLUTION AUTHORIZING A LEASE EXTENSION WITH CURRENT VENTURES
FOR RENTAL OF THE POLICE DEPARTMENT SATELLITE OFFICE
AT 97D LOUISE STREET
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL resolves as follows:
The CITY MANAGER is authorized to execute, on behalf of the CITY OF SAN
RAFAEL, extension of a rental lease agreement with CURRENT VENTURES
of Point Reyes, to rent the office for the Police Department at 97D Louise Street
from August 1, 1995 through July 30, 1996. Rental cost shall be four hundred and
sixteen dollars per month.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the City Council of San Rafael held on Monday, the
seventeenth day of July, 1995, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Phillips, zappetini & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
U JEANNE M. L ONCINI
City Clerk
ORiGiIiAl 410Y
LEASE EXTENSION AGREEMENT
This lease extension agreement is entered into this first day of August, 1995, by and between DALE
CURTIS and MARY CURTIS, dba CURRENT VENTURES (hereafter "lessors") and the CITY OF SAN
RAFAEL, a municipal corporation (hereafter "Lessee").
The parties agree that Lessors will lease to Lessee and Lessee shall lease from Lessors the real property
know as 97-D Louise Street, San Rafael, California, according to all terms and conditions contained in the
Standard Industrial Lease, dated August 1, 1994, and included in San Rafael City Council Resolution
9184, by and between the CITY OF SAN RAFAEL and CURRENT VENTURES, with the following
amendments:
1. Section 3.1 shall be amended to extend the term of the lease agreement for a period of one
year, from August 1, 1995 through July 30, 1996, and
2. Section 4.1 shall be amended to increase the rent payable during the extension period to
$416.00 per month.
LE ORS:} LESSEE:
CITY OF SAN RAFAEL
DALE CURTIS
By:
MARYbURTIS PAMELA J. NICOLAI
City Manager
dba, Current Ventures ATTEST:
P.O. Box 652 c�
Point Reyes, CA 94956 .
EANNE M. LEbNCINI
City Clerk
Date:Date: 7/17/95
VED A F
GARY T. RAGGHIANTI
City Attorney
RESOLUTION NO. 9184
A RESOLUTION AUTHORIZING A LEASE EXTENSION WITH,"- 'RRENT VENTURES
FOR RENTAL OF THE POLICE DEPARTMENT SATELLITE OFFICE
AT 97D LOUISE STREET
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL resolves as follows:
The CITY MANAGER is authorized to execute, on behalf of the CITY OF SAN
RAFAEL, extension of a rental lease agreement with CURRENT VENTURES
of Point Reyes, to rent the office for the Police Department at 97D Louise Street
from August 1, 1994 through July 30, 1995. Rental cost shall be two hundred and
eighty dollars per month.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the City Council of San Rafael held on Monday, the first day
of August, 1994, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Thaver, Zappetini & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JE NNE M. LEONCINI
City Clerk
LEASE E%TENSION AGREEMENT
This Lease Extension Agreement is entered into this 1st day of
August, 1994, by and between DALE CURTIS and MARY CURTIS, dba
CURRENT VENTURES (hereafter "Lessors") and the CITY OF SAN RAFAEL,
a municipal corporation (hereafter "Lessee").
The parties agree that Lessors will lease to Lessee and Lessee
shall lease from Lessors the real property known as 97-D Louise
Street, San Rafael, California (recently purchased by Lessors from
the prior owner Leonardi Properties, Inc.), according to all the
terms and conditions contained in the Standard Industrial Lease,
dated April 14, 1993, by and between the CITY OF SAN RAFAEL and
Leonardi Properties, Inc., with the following amendments:
1. Section 3.1 shall be amended to extend the term of the
lease agreement for a period of one year ending July 30, 1995, and
2. Section 4.1 shall be amended to increase the rent payable
during the extension period to $280.00 per month.
LESSORS
DALE CURTIS
6
dba, Current Ventures
P.O. Box 652
Pt. Reyes, CA 94956
Dated:
LESSEE
CITY OF SAN RAFAEL
PAMELA J. NICOLAI
City Manager
Dated: 2/Y-/ y/--
/--
Attest:
APPROVi'D AS TO FORM:
GARY T. RAGGHIANTI
City Attorney
ORIGINAL
STANDARD INDUSTRIAL LEASE -MULTI TENANT
AMERICAN INDUSTRfAL REAL ESTATE ASSOCIATION
1. Parties. This Lease, dated, for reference purposes only April 14,
s made by and between Leonardi Properties, Inc.
and The San Rafael Police Department
19 93
(herein called "Lessor'l
(herein called "Lessea'l
2 Premises, Parking and Common Areas
2.1 Premises Lessor hereby leases to lessee and lessee leases from Lessor for the term, at the rental, and upon all of the conditions set forth
herein, real property situated In the County of Marin Stale of California
commonly knowna� 97-D Louise Street, San Rafael
and described as approximately 1,191 square feet on the southeast corner of an 10,182 square
foot buildine as outlined in oranee on th attached plat, See EXHIBIT A•
herein referred to as the "Premises;' as may be outlined on an Exhibit attached hereto, Including rights to the Common Aroas as hereinafter specified
but not including any rights to the root of the Premises or to any Building In the Industrial Center. The Promises are a portion of a buiiding, herain referred
to as the "Building:' The Promises, the Building, the Common Areas, the land upon which the same are located, along with all other buildings and
improvements thereon, are herein collectively referred to as the "Industrial Center."
2.2 Vehicle Parking. Lessee shall be entitled to NA vehicle parking spaces, unreserved and unassigned, on those portions of Lho
Common Areas designated by Lessor for parking. Lessee shall not use more parking spaces than said number. Said parking spaces shall be used only
for parking by vehicles no larger than full size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles:' Vehicles other than
Permitted Size Vehicles are herein referred to as -Oversized Vehicles'
2.2.1 Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee cr Lessee's employees, suppliers, shippers,
customers, or invitees to be loaded, unloaded, or parked in areas other than those designated by Lessor for such activities.
222 It Lessee permits or allows any of the prohibited activities described In paragraph 22 of this Lease. then Lessor shall have the right
without notice, to addition to such other rights and remedies that it may have, to remove or low away the vehicle involved and charge the cost to Lessee,
which cost shall be immediately payable upon demand by Lessor.
2.3 Common Areas -Definition. The term "Common Areas" Is dolined as all areas and facilities outside the Premises and within the exterior
boundary line of the Industrial Center that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor,
Lessee and of other lessees of the Industrial Center and their respective employees, suppliers, shippers, customers and invitees, Including parking areas,
loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas
2.4 Common areas -Lessee's Rights Lessor hereby grants to Lessee, for the benefit o(Lessae and Its employees, suo pliers, shippers, customers
and Inviloas, during the term of this Lease, the non-exclusive right to use, In common with others entitled to such use, the Common Areas as they exist
from time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations
or restrictions governing the use of the Industrial Center. Under no circumstances shall the right herein granted to use the Common Areas be doomed
to include the right to store any property. temporarily or permanently. In the Common Areas. Any such storage shall be permitted only by the prior written
consent of Lessor or Lessors designated agent, which consent may be revoked'at any time. In the event that any unauthorized storage shall occur than
Lessor shall have the righL without notice, In addition to such other rights and remedies that it may have, to remove the property and charge the cost to
Lessee, which cost shall be Immediately payable upon demand by Lessor.
2.5 Common Areas -Rules and Regulations- Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and
management of the Common Areas and shall have the nghL from time to time, to establish, modify, amend and enforce reasonable rules and regulations
with respect thereto. Lessee agrees to abide by and conform to all such rures and regulations, and to cause its employees, suppliers, shippers, customers,
and Invitees to so abide and conform. Lessor shall not be responsible to Lessee for the non-compliance with said rules and regulations by other lessees
of the Industrial Center.
26 Common Areas -Changes Lessor shall have the right, in Lessor's sale discretion, from lime to time:
(a) To make changes to the Common Areas, including, without limitation, changes In the location, size, shape and number of driveways,
entrances. parking space, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways: (b) To close
temporarily any of the Common Areas for maintenance purposes, so long as reasonable access to the Premises remains available; (c) To designate other
land outside the boundaries of the Industrial Center to be a part of the Common Areas; (dl To add additional buildings and improvements to the Common
Areas: 'a) To use the Common Areas while engaged In making additional improvements, repairs or alterations to the Industrial Canter, or any portion
thereof; !f) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Industrial Center as Lessor
may, in the exercise of sound business ludgmenL deem to be appropriate.
2.6.1 Lessor shall at all times provide the parking faufilics required by applicable law and In no event shall the number of parking spaces that
Lessee Is entitled to under paragraph 2.2 be reduced.
3. Term.
3.1 Tenn. The term of this Leases all be for ONE 1) YEAR and ONE MONTH
commencing on 1-i r I , iM a 1JT / / and ending or Julv 30 14
1
uniass sooner terminated pursuant to any provision hereof. 1/1�> -1 10 yrj 14; 0-f�h/!f y'
3.2 Delay In Possession. Notwithstanding Bald cpmmencement al 1 or any reason Lessor cannot deliver pos5esilon of the re lses to Lassee
on said data, Lessor shall not be subject to any liability therefor, nor shall such (allure allect the validity of this Lease or the obligations of Lessee
hereunder or extend the term hereof, but in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms
of this Lease, except as may be otherwise provided in this Lease, until 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 commencement dale, Lessee may, at Lessee's option, by
notice In writing to Lessor within len (10) days thereafter, cancel this Lease, In which event the parties shall be discharged from ail obligations hereundaig
provided further, however, that If such written notice of Lessee Is not received by Lessor within said ton (10) day period, Lassoe's right to cancel this
Lease hereunder shall terminate and be of no further force or effect
3.3 Early Possession- If Lessee occupies the Premises prior to said commencement date, such occupancy shall be subject to all provisions of
this Lease, such occupancy shall not advance the termination dale, and Lessee shall pay rent for such period at the initial monthly rales set forth below:
4. Rent.
4.1 Base Rent- Lessee shall pay to Lessor, as Base Rent for the Premises, without anv olfsnl or deduction, except as may h orwiso oxprossly
provided in this Lease, on the r i r q r day of each month of the term hereof, monthly payments In advance of
,y� / 1 7
Lessee shall pay Lessor upon execution hereof as Base Rent for
Rent for any period during the Tenn hereof which is for less than one month shall be a pro rata portion of the Baso Rent- Rent shall be payable In lawful
money of the United States to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate In writing.
drFptly-lA-te�90r�]uftnU-fns-+e'rrrrr,ate.-vr,-erwtx�,eu,nv-rr+e--evv�e.-rre+,e�.
of all Opera~ ,,....''•. n✓✓ses. as heretnaller definetl, dunng each calendar year of lho ler. of this Lease, in accordance with the iol isions: yy
(a)(a) "LessZ6 " Isydofrned, for purposes of this Lease as percent.
(b) "Operaling F.xpen eflnod, for purposes of this Lease, as all costs Incurred b e any, for:
(i) The operation, repair wi enance, in neat clean, good orda r ton, of the following:
(aa) The Common Areas, Indudi areas oadl unloading areas, trash areas, roadways- sidewalks, walkways, park-
ways, driveways, landscaped areas, striping, bumpers, IrrCas, omman Arca lighting facilities and lentos and gales.
(bb) Trash disposal so
CA TE Initials: '�
expiration of the term, and restore the Premises and the Industrial Center to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's
sole cost and expense, a (len 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 materialmen's liens -and to insure completion of the work Should Lessee make any alterations, improve-
ments, additions or Utility Installations without the prior approval of Lessor. Lessor may, at any time during the term of this Lease, require that Lessee
remove any or all of the same.
(bl Any alterations, improvements, additions or Utility Installations in or about the Premises or the Industrial Center that Lessee shall desire
to make and which requires the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. It Lessor shall give Its
consent the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of
a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit 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's or malerialmen's lien against the Premises, or the Industrial Canter, or any Interest
therein. Lessee shall give Lessor not less than ten 110) days' notice prior to the commencement of any work In the Premises, and Lessor shall have the
right to post notices of non -responsibility in or on the Premises or the Building as provided by law. II 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 judgment that may be rendered (hereon before the enforcement thereof against the Lessor or the Premises or the Industrial Center, upon the
condition that it Lessor shall require. Lessee shall furnish to Lessor a surety bond satisfactory to Lessor In an amount equal to such contested (len claim
or demand Indemnifying Lessor against liability for the same and holding the Premises and the Industrial Center free from the effect of such lien or claim.
In addition, Lessor may require Lessee to pay Lessors attorney's lees and costs In participating in such action if Lessor shall decide it is to Lessor's
best interest to do so,
(d) 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 be the property of Lessor and shall remain upon and be surrendered with the Premises at the expiration of
the Lease term, unless Lessor requires their removal pursuant to paragraph 7.3(a). 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, and
other than Utility Installations, shall remain the property of Lessee and may be removed by Lessee subject to the provisions of paragraph 7.2.
74 Utility Additions. Lessor reserves the right to Install new or additional utility facilities throughout the Building and the Common Areas for the
benefit of Lessor or Lessee, or any other lessee of the Industrial Center, Including, but not by way of limitation, such utilities as plumbing, electrical
systems, security systems, communication systems, and lire protection and detection systems, so long as such installations do not unreasonably Interlere
with Lessee's use at the Premises.
8. Insurance; Indemnity,
8.1 Liability Insurance—Lessee. Lessee shell, at Lessee's expense. obtain and keep In force during the term of this Lease a policy of Combined
Single Llmll Bodily Injury and Property Damage Insurance insuring Losses and Lessor against any liability arleing out of the use. occupancy or main-
tenance of the Premises and the Industrial Center. Such Insuranco shall be In on amount not cess than 3500,000.00 per occurrence. The policy shall Insure
perlormanco by Losses of the Indemnity provisions of this paragraph B. The limits of said Insurance shall not, however, limit the liability of Lessee
hereunder.
8.2 Liability Insurance—Lessor. Lessor shall obtain and keep In force during the term of this Lease a policy of Combined Singie Limit Bodily
Injury and Property Damage Insurance, Insuring Lessor, but not Lessee, against any liability arising out of the ownership, use, occupancy or maintenance
of the Industrial Cantor In an amount not less than 5500,000.00 per occurrence.
8.3 Property Insurance. Lessor shall obtain and keep In force during the term of this Lease a policy or policies of Insurance covering loss or
damage to the industrial Center Improvements, but not Lessee's personal property, fixtures, equipment or tenant Improvements, In an amount not to
exceed the full replacement value thereof, as the same may exist from time to time, providing protection against all perils included within the classification
of fire, extended coverage, vandalism, malicious mischief, flood (in the event same is required by a lender having a lien on the Premises), special extended
perils ("all risk;' as such term Is used In the Insurance Industry), plate glass Insurance and such other Insurance as Lessor dooms advisablo. In addition,
Lessor shall obtain and keep In force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable
to Lessor, which insurance shall also cover all Operating Expenses for said penod.
8.4 Payment of Premium increase,
(a) After the term of this Lease has commenced, Lessee shall not be responsible for paying Lessee's Share of any Increase in the property
Insurance premium for the Industrial Center specified by Lessor's insurance carrier as being caused by the use, acts or omissions of any other lessee
of the Industrial Center, or by the nature of such other lessee's occupancy which create an extraordinary or unusual risk
(b) Lessee, however, shall pay the entirety of any Increase In the property Insurance premium for the Industrial Center over what it was
immediately prior to the commencement of the term of this Lease it the increase Is specified by Lessor's Insurance carrier as being caused by the nature
of Lescoe's occupancy or any act or omission of Lessee.
(c) Lessee shall pay to Lessor, during the term hereof, In addition to the rent, Lessee's Share (as defined in paragraph 4.2(aj) of the amount
of any increase In premiums for the insurance required under paragraphs 8.2 and B.3 over and above such premiums paid during the Base Period, as
here.nafter defined, 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, increased valuation of the Premises, or general rate increases. In the event that the
Premises have been occupied previously, the words "Base Period" shall mean the last twelve months of the prior occupancy. In the event that the
Premises have never been occupied previously, the premiums during the "Base Period" shall be deemed to be the lowest premiums reasonably
obtainable Ior said Insurance assuming the most nominal use of the Premises. Provided, however, In lieu of the Base Period, the parties may insert a
dollar amount at the end of this sentence which figure shall be considered as the Insurance premium for the Base Period: 1Z
In no event, however, shall Lessee be responsible for any portion of the premium cost attributable to liability insurance coverage in excess of 5500,0000
procured under paragraph 8.2.
(d) Lessee shall pay any such premium increases to Lessor within 30 days atter recelpl 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 amount 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.
8.5 Insurance Policies. Insurance required hereunder shall be in companies holding a "General Policyholders eating" of at lease B plus, or such
other rating as may be required by a lender having a lien on the Premises, as set forth In the most current issue of "Best's Insurance Guide:' Lessee shall
not do or permit to be done anything which shall invalidate the insurance policies carried by Lessor. Lessee shall deliver to Lessor copies of liability
insurance policies required under paragraph 8.1 or certificates evidencing the existence and amounts of such Insurance within seven (7) days after the
commencement data of this Lease, No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (3C)
days prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with renewals or
"binders" thereof.
8.6 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the
other for loss or damage arising out of or incident to the perils Insured against which perils occur in, on or about the Premises, whether due to the
negligence of Lessor or Lessee or their agents, employees, contractors and/or invitees. 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.
0.7 Indemnity. Lessee shall indemnity and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Industrial
Center, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or
elsewhere and shall further indemnity and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance
of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of Lassoe's agents.
contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred In the defense of any such claim or any action
or proceeding brought thereon, and In case any aetlon or proceeding be brought against Lessor by reason of any such claim. Lasses upon notice from
Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee In such defense.
Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to ;,rcperty of Lessee or Injury to persons, In, upon or about
the Industrial Center arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.
8.0 Exemption of Lessor from Liability. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any joss of Income
therefrom or for damage to the goods, wares, merchandise or other property of Lessee. Lessee's employees, Invllees, customers, or any other person
In or about the Premises or the industrial Center, 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 fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other
defects of pipes, sprinklers. wires, aoollances, plumbing, air conditioning or lighting lixlures, or from any other cause, whether said damage or Injury
results from conditions arising upon the Premises or upon other portions of the Industrial Center, 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 shall not be liable for any damages
arising from any act or neglect of any other lessee, occupant or user of the Industrial Center, nor from the failure of Lessor to enforce the provisions of
any other lease at the Industrial Center.
9. Damage or Destruc0on.
9.1 Definitions.
(a) "Premises Partial Dammle" :hall mean If the Premises arc damaged or destroyed to the extent that the cost at repair Is less than filly
percent of the then replacement cost of the Premises. n
Initials:;. 1j
MULTI-TENANT—Gaols U'
C Anicncan Industrial Real Estate A::nn�lin„'nn7
12. Assignment and Subletting.
12.1 Lessors Consent Required Lessee stall not voluntarily or by operation of law assign, transfer, mortgage, subleL or otherwise transfer or
encumber all or any part of Lessee's interest in the Lease or in the Premises, without Lessors prior written consent, which Lessor shall not unreasonably
withhold. Lessor shall respond to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage,
encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lasso without the need for notice to Lessee under
paragraph 13.1.
12.2 Lessee Affiliate. Notwithstanding the provmmns of paragraph 12.1 hereof, Lessee may assign or sublet the Premises, or any oarflon thereof,
without Lessor's consent, to any corporation which controls, is controlled by or is under common control with Lessee, or to any corporation resulting from
the merger or consolidation with Lessee, or 10 any person or entity which acquires all the assets of Lessee as a going concern of the business that is
being conducted on the Premises, all of which are referred to as "Lessee Affiliate. provided that balers such assignment shall be effective said assignee
shall assume, in full, the obligations of Lessee under this Lease. Any such assignment shall not, in any way, affect or limit the liability of lessee under the
terms of this Lease even it alter such assignment Lr subletting the terms of this Lease are materially changed or altered without the consent of Lessee,
the consent of whom shall not be necessary.
12.3 Terms and Conditions of Assignment Regardless of Lessors consent. no assignment shall release Lessee of Lessee's obligations hereunder
or alter the primary liability of Lessee to pay the Base Rent and Lessee's Share of Operating Expenses, and to perform all other obligations to be
performed by Lessee hereunder. Lessor may accept rent Irom any person other than Lessee pending approval or disapproval of such assignment.
Neither a delay in the approval or disapproval of such assignment nor the acceptance of rent shall constitute a waiver or esloppel of Lessors right to
exercise Its remedies for the breach of any of the terms or conditions of this paragraph 12 or this Lease. Consent to one assignment shall not be
deemed consent to any subsequent assignment. In the event of default by any assignee of Lessee or any successor of Lasses. In the performance of any
of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. Lessor may consent
to subsequent assignments of this Lease or amendments or modifications to this Lease with assignees of Lessee, without notifying Lessee, or any
successor of Losses, and without obtaining Its or their consent thereto and such action shall not relieve Lessee of liability under this Lease.
12.4 Terms and Conditions Applicable to Subletting. Regardless of Lessor's consent, the (allowing terms and conditions shall apply to any
subletting by Lessee of all or any part of the Premises and shall be included In subleases:
(a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest In all rentals and Income arlsing from any sublease heretofore or
hereafter made by Losses, and Lessor may collect such rent and Income and apply same toward Lessee's obligations under this Lease; provided,
however, that until a default shall occur in the performance of Lessee's obligations under this Lease, Lessee may receive, collect and enjoy the rents
accruing under such sublease. Lessor shall net. by reason of this or any other assignment of such sublease to Lessor nor by reason of the eollaetion
of the rents from a sublossee, be deemed liable to the sublessee for any failure of Lessee to perform and complywith any of Lessee's obligations to such
sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor
slating that a default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents due and to become due under the
sublease. Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor, and that such sublossoo
shall pay such rents to Lessor vnlhoul any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim
from Lessee to the contrary. Lessee shall have no right or claim against such sublessee or Lessor for any such rents so paid by sold sublassoo
to Lessor.
(b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering Into any
sublease, Losses shall use only such form of sublease as Is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed
or modified without Lessors prior written consent. Any sublessee shall, by reason of entering Into a sublease under this Lease, to deemed, for the
bonolit of Lasser, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Losses other than such
obligations as aro contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented In writing.
(c) If Lessee's obligations under this Lease have been guaranteed by third parties, then a sublease, and Lessor's consent thereto, shall not
be effective unless said guarantors give their written consent to such sublease and the terms thereof.
(d) The consent by Lessor to any subletting shall not release Lessee from its obligations or alter the primary liability of Lessee to pay the
rent and perlarm and comply with all of the obligations of Lessee to be performed under this Lease.
(a) The consent by Lessor to any subletting shall not constitute a consent to any subsequent subletting by Lessee or to any assignment or
subletting by the sublessee. However. Lessor may consent to subsequent sublettings and assignments of the sublease or any amendments or modifl-
cations thereto without notifying Lessee or anyone else liable on the Lease or sublease and without obtaining their consent and such action shall not
relieve such persons from liability.
(1) In the event of any default under this Lease, Lessor may proceed directly against Lessee, any guarantors or any one else responsible (or
the performance of this Lease, Including the sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor
to Lessor, or any security held by Lessor or Lessee.
(g) In the event Lessee shall default in the performance of its obligations under this Lease. Lessor, at Its option and without any obligation to
do so, may require any sublessee to adorn to Lessor, in which event Lessor shall undertake the obligations of Lessee under such sublease from the
time of the exercise of said option to the termination of such sublease: provided, however. Lessor shall not be liable for any prepaid rents or security
deposit paid by such sublessee to Lessee or for any other prior defaults of Lessee under such sublease.
(h) Each and every consent required of Lessee under a sublease shall also require the consent of Lessor.
(i) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent.
61 Lessor's written consent to any subletting of the Premises by Lessee shall not constitute an acknowledgement that no default then exists
under this Lease of the obligations to be performed by Lessee nor shall such consent be deemed a waiver of any then existing delaulL except as may
be otherwise stated by Lessor at the time.
(k) With respect to any subletting to which Lessor has consented. Lessor agrees to deliver a copy of any notice of default by Lessee to the
sublessee. Such sublessee shall have the right to cure a default of Lessee within ten (10) days after service of said notice of default upon such
sublessee, and the sublessee shall have a right of reimbursement and offset from and against Lessee for any such defaults cured by the sublessoo.
12.5 Attorney's Foss. In the event Lessee shall assign or sublet the Premises or request the consent of Lesser to any assignment or subletting or
if Lessee shall request the consent of Lessor for any act Lessee proposes to do then Lessee shall pay Lessors reasonable attorney's fees Incurred In
connection therewith, such attorney's fees not to exceed 5350.00 for each such request.
13. Default; Remedies -
13.1 Default. The occurrence of any one or more of the following events shall constitute a material default of this Lease by lessee:
(a) The vacating cr abandonmenl of the Premises by Lessee.
(b) The failure by Losses 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 (3) days alter written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee
with a Notice to Pay Rent er Ouit pursuant to applicable Unlawful Delamer statutes such Notice to Pay Rent or Quit shall also constitute the notice required
by this subparagraph.
(c) Except as otherwise provided In this Lease, the failure by Lessee to observe or perform any of the covenants, conditions or provisions at
this Lease to be observed or performed by Lessee, other than described in paragraph (b) abova, where such failure shall continue (or a period of thirty (30)
days attar written notice thereof from Lessor to Lessee; provided, however, that Ii the nature of Lessee's noncompliance Is such that more than thirty (30)
days are reasonably required for Its cure, then Lessee snail not be deemed to be in default If Lessee commenced such cure within said thirty (30) day
period and thereafter diligently prosecutes such cure to completion. To the extent permitted by law, such thirty (30) day notice shall constitute the sole
and oxcluslve noUco required to be given to Lessee under applicable Unlawful Detainer statutes.
(d) (1) The making by Lessee of any general arrdn�,ement or general assignment for the benefit of creditors; (ii) Lessee becomes a "debtor'
as delined in 11 U.S.C. §101 or any succossor statute thereto (unless, in the case of a petition filed against Lessee, the same Is dismissed within sixty 1601
days); (iii) the appointment of a trustee or receiver to take possession of substantlaily all of Lessee's assets located at the Premises or of Lessee's Interest
In this Lease, where possession is not restored to Lessee within thirty (30) days; or (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 thirty (30) days. In the
event that any provision of this paragraph 13.1(d) Is contrary to any applicable law, such provision shall be of no force or affect
(e) The discovery by Lessor that any financial statement given to Lessor by Losses, any assignee of Lessee, any subtenant of Lessee, any
successor In Interest of Lessee or any guarantor of Lessee's obligation hereunder, was materially false.
13.2 Remedios. In the oven( of any such material default by Losses. 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 delaull:
(a) Terminale Lessee's right to oossession of the Premises by any lawful means. In which case this Lease and the term hereof shall terminate
and Lessee shall Immediately surrender possession of the Promises to Lessor. In such event Lessor shall be entitled to recover from Lossco all damages
Incurred by Lessor by reason of Lossoe's default Including, but not limited to. the cost of recovering possession a( the Promises, expenses of retelling,
Including neeossaryienovatlon and alteration of the Premises, reasonable attorney's fans, 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 rant (or the balance of the term altar the time of such award
exceeds the amount of such rental loss (or the same period that Lossco proves could be reasonably avoided; that portion of the leasing eommlsslon paid
by Lessor pursuant to paragraph 15 applicable to the unexpired term of this Leasa.
Initials: _
MULTI -TENANT— GROSS
0 American Induslrl31 Real G.lalo Assocfalion 1902 —5—
24. Waivers. • No waiver by Lessor or any provision hereof shall he deemed a waiver of any other provision hereof or of any subsequent breach by
Lessee of the same or any other provision. Lessors consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of
Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent hereunder by Lessor shall not be a waiver of any preceding
breach by Lessee of any provision hereof, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of
such preceding breach at the Umo W acceptance of such rent
25. Recording, Either Lessor or Lessee shall, upon request of the other, execute, acknowledge and deliver to the other a "short form" memorandum
of this Lease for recording purposes.
26. Holding Over. If Lessee, with Lessor's consent. remains in possession of the Premises or any part thereof after the expiration of the term hereof,
such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Lessee, but all Options,
if any, granted under the terms of this Lease shall be deemed terminated and be of no further effect during said month to month tenancy.
27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other
remedies at law or in equity.
28. CavenanI3 and Conditions. Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.
29. Binding Effect; Choice of lave Subject to any provisions hereof restricting assignment or subletting by Lessee and subject to the provisions of
paragraph 17, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of the
Slate where the Industrial Center Is located and any litigation concerning this Lease between the parties hereto shall be Initialed In the county in which
the Industrial Center is located.
30. Subordination.
(a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust or any other
hypothecation or security now or hereafter placed upon the Industrial Center and to any and all advances made on the security thereof and to all
renewals, modilicatlans, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of
the Premises shall not be disturbed it Lessee Is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this
Lease, unless this Leese is otherwise terminated pursuant to its terms. 11 any mortgagee, trustee or ground lessor shall elect to have this Lease and any
Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereat to Lessee, this Lease and such
Options shall be deemed prior to such mortgage, deed of trust or ground lease, whether this Lease or such Options are dated prior or subsequent to the
date of said mortgage, deed of trust or ground tease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an allornmenL a subordination or to make this Lease or any Option granted
herein prior to the Ifen of any mortgage, deed of bust or ground lease, as the case may be. Lessee's failure to execute such documents within len (10)
days after written demand shall constitute a material default by Lessee hereunder without lurther notice to Lessee or, at Lessor's option, Lessor shall
execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and Irrevocably appoint Lessor as
Lessee's attorney -m -fact and In Lessee's name, place and stead, to execute such documents In accordance with this paragraph 30(b).
31. Attorney's Fees. It either parry or the broker(s) named herein bring an action to enforce the terms hereof or declare rights hereunder, the prevailing
party In any such action, an trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court The
provisions of this paragraph shalt Inure to the benefit of the broker named herein who seeks to enforce a right hereunder.
32. Lessor's Access Lessor and Lessor's agents shall have the right to enter the Premises at reasonable limes for the purpose of Inspecting the same.
showing the same to prospective purchasers, lenders, or lessees, and making such alterations. repairs. Improvemonla or additions to the Promises or to.'
the Industrial Center as Lessor may deem necessary or desirable. Lessor may at any time place an or about the Premises or the Building any ordinary -
"For Sale" signs and Lessor may at any time during the last 120 days of the term hereof place on or about the Promises any ordinary "For Lease" signs
All activities of Lessor pursuant to this paragraph shall be without abatement of rent, nor shall Lessor have any liability to Lessee for the same.
33. AucUona. Lessee shall not conduct, nor permit to be conducted, either voluntarily or Involuntarily, arty auction upon the Premises or the Common
Areas without first having obtained Lessor's prior written consent Notwithstanding anything to the contrary in this Lease, Lessor shall not be obligated
to exorcise any standard of reasonableness in determining whether to grant such consent -
24. Signs. Lessee shall not place any sign upon the Premises or the Industrial Center without Lessor's prior written consent. Under no clrcum3tanco5
shall Lessee place a sign on any root of the industrial Center,
35. Mergar. The voluntary or other surrender of this Lease by Lassoo, or a mutual cancellation thereof, or a torminallon by Lessor, shall not work a
merger, and shall, at the option of Lessor, terminate all or any existing subtenancies or may, at the option of Lessor, operate as an assignment to Lessor
of any or all of such sublenanctes.
15. Consents. Except for paragraph 33 hereof, wherever in this Lease the consent of one party is required to an act of the other party such consent
shall not be unreasonably withheld or delayed.
37. Guarantor. In the event that there is a guarantor of this Lease, said guarantor shall have the same obligations as Lessee under this Lease.
33. Duret Possession. Upon Lessee paying the rent for the Premises and observmg and performing all of the covenants, conditions and provisions
an Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the enure term hereof subject to all
of the provisions of this Lease. The individuals executing this Lease on behalf of Lessor represent and warrant to Lessee that they are fully authorized
and legally capable of executing this Lease on behalf at Lessor and that such execution is binding upon all parties holding an ownership interest in the
Industrial Center,
39_ Options.
39.1 Defrnitlon. As used In this paragraph the ward "Option" has the following meaning: (1) the right or option to extend the term of this Lease or
to renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor; (2) the option or right of first refusal to lease the
Premises or the right of first offer to lease the Premises or the right of first refusal to lease other space within the Industrial Center or other property
of Lessor or the right of first offer to lease other space within the Industrial Center or other property of Lessor: (3) the right or option to purchase the
Premises or the Industrial Center, or the right of first refusal to purchase the Premises or the Industrial Center, or the right of first offer to purchase the
Premises or the Industrial Center, or the right or option to purchase other property of Lessor, or the right of first refusal to purchase other property of
Lessor or the right of first otter to purchase other property of Lessor.
39.2 Options Personal. Each Option granted to Lessee In this Lease is personal to the original Lessee and may be exercised only by the original
Lessee while occupying the Premises who does so without the Intent of lhereatler assigning this Lease or subletting the Premises or any portion thereof,
and may not be exercised or be assigned, voluntarily or Involuntarily, by or to any person or entity other than Lessee, provided, however, that an Option
may be exercised by or assigned to any Lessee Affiliate as defined in paragraph 12.2 of this Lease. The Options, it any, herein granted to Lessee are not
assignable separate and apart from this Lease, nor may any Option be separated from this Lease in any manner, either by reservation or otherwise.
39.3 Multiple Options. In the event that Lessee has any mutlicle options to extend or renew this Lease a later option cannot be exercised unless
the prier option to extend or renew this Lease has been so exercised.
39.4 Effect of Default on Options.
(a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, (i) during the
time commencing tram the date Lessor gives to Lessee a notice of default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the
noncompllance alleged In said notice of default is cured, or (If) during the period of time commencing an the date after a monetary obligation to
Lessor is due from Lessee and unpaid (without any necessity for notice thereof to Lessee) and continuing until the obligation Is paid, or (iii) at any time
atter an event of default described In paragraphs 111(a), 13.1(d). or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee),
or (iv) in the event that Lessor has given to Lessee three or more notices of delaull under paragraph 13.1(b) or paragraph 13.1(c), whether or not the
defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Inability to exercise
an Option because of the provisions of paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due
and timely exercise of the Option, if, atter such exercise and during the term of this Lease, (f) Lessee fails to pay to Lessor a monetary obligation
of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity o1 Lessor to give notice thereof to Lessee). Or
fill Lessee fails to commeneo to cure a default specified in paragraph 13.1(c) within thirty (30) days alter the dale that Lessor gives notice to Lessee
Of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or Ilii) Lessee commits a default described to paragraphs
13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or IN) Lessor gives to Lessee three or more notices
of default under paragraph 13.1(b), or paragraph 13.1(c), whether or not the defaults are cured.
40. Security Measures. Lessee hereby acknowledges that Lessor shall have no obligation whatsoever to provide guard servica or Other security
measures for the benefit of the Premises or the Industrial Center. Lc" -co assumes all responsibility for the protection of LOsseo. Its agents, and invilaes
and the property of Lessee and of Lessee's agents and Invitees from acts of third parties. Nothing herrein contained shall prevent Lessor, at Lessors sole
option, from providing security protection for the Industrial Center or any part thereof, in which Oven( [he cost thereof shall be Included within the
definition at Operating Expenses, as set forth In paragraph 4.2(bl.
American
i MANYGROSS Initials:
0lS //"rr'fQ
�O American Induustrial Roof [stale nssaclatlan 19112 —7—
ADDENDUM NUMBER ONE TO STANDARD INDUSTRIAL LEASE
DATED APRIL 12, 1993
BY AND BETWEEN
LEONARDI PROPERTIES, LESSOR
MV -01
THE SAN RAFAEL POLICE DEPARTMENT, LESSEE
FOR
97-D LOUISE STREET, SAN RAFAEL, CALIFORNIA
The undersigned parties hereby agree as follows:
47. FLOOD PLAIN: Lessee acknowledges that the premises are located in a flood plain;
and Lessor is not liable for any damage to any equipment, tools, materials, etc., of Lessee
or Lessee's agents, employees, contractors, suppliers, shippers, customers or invitees caused
by a flood or flooding.
48. LESSEE'S ENVIRONMENTAL OBLIGATIONS: Lessee shall comply, and take all
necessary actions to cause its operations in and on the Premises to comply, with all
applicable federal, state and local requirements relating to the protection of public health,
safety and welfare, and with all applicable environmental laws relating to the Premises.
Lessee is responsible for, and agrees to hold harmless, indemnify and defend Lessor from
any and all claims, losses, liabilites, damages, costs and expenses, including reasonable
attorneys' fees, caused by or related to Lessee's delivery, storage or use of Hazardous
Substances in or on the premises, common areas, soil or surrounding area or Lessee's acts
or those of Lessee's agents, employees, contractors, suppliers, shippers, customers or invitees
which result in violation of any such laws. To the extent Lessee or Lessee's agents,
employees, contractors, suppliers, shippers, customers or invitees cause or allow the presence
of or places Hazardous Substances in, on or under the Premises, common areas, soil or
surrounding area or violate any such laws, Lessee at its sole cost and expense shall promptly
take any and all actions necessary or required to return the Premises, common areas, soil
or surrounding area to the condition existing prior to such placement of the Hazardous
Substances; in any such event, Lessee shall be liable for any related claims, losses, liabilites,
damages, costs and expenses, including reasonable attorneys' fees, and/or for investigating
and complying with any governmental order (federal, state and/or loca011
INITIAL
ADDENDUM NUMBER ONE TO STANDARD INDUSTRIAL LEASE
LEONARDI PROPERTIES, LESSOR
THE SAN RAFAEL POLICE DEPARTMENT, LESSEE
97-D LOUISE STREET, SAN RAFAEL, CALIFORNIA
49. LESSOR NOTIFICATION: Lessee will advise Lessor within three (3) days of the
existence of any Hazardous Substances on the Premises, common areas, soil or surrounding
area and in addition to complying with the provisions of the preceding paragraph, either
obtain approval from Lessor within thirty (30) days from notice or remove and clean up said
Hazardous Substances to standards required by the Lessor within sixty (60) days from notice.
If Lessee or Lessee's agents, employees, contractors, suppliers, shippers, customers or
invitees cause or allow any release (as defined in any federal, state or local agency, law, rule
or ordinance) or spill of, or contamination by, Hazardous Substances, Lessee shall
immediately notify Lessor.
50. SURVIVABILITY: All indemnifacations set forth in this Lease that relate to
Hazardous Substances shall survive the termination or expiration of this lease.
51. NOTICE REGARDING HAZARDOUS WASTES: Lessor and Lessee each
acknowledge the Hazardous Materials Addendum, attached as Exhibit B.
52. DEFINITION OF HAZARDOUS SUBSTANCES: As used in the preceding four
paragraphs regarding environmental matters, "Hazardous Substances" means a substance,
material or waste that is toxic, etiological, ignitable, reactive or corrosive or that is regulated
by any federal, state or local agency, law, rule or ordinance and includes without limitation
any and all materials or substances defined or listed as "hazardous Waite," "extremely
hazardous waste" or a "hazardous substance" pursuant to Proposition 65 and/or any other
federal, state or local agency, law, rule or ordinance, and includes asbestos,
PCB's(polychlorinated biphenyls), petroleum products, and substances which are or may be
toxic to humans, animals, plants, or the environment.
53. SIZE VERIFICATION: By executing this Lease, Lessee acknowlewdges that it has
verified, or waived its opportunity to verify, the approximate square footage of the Premises.
INITIAL ITiAL
ADDENDUM NUMBER ONE TO STANDARD INDUSTRIAL LEASE
LEONARDI PROPERTIES, LESSOR
THE SAN RAFAEL POLICE DEPARTMENT, LESSEE
97-D LOUISE STREET, SAN RAFAEL, CALIFORNIA
54. TENANT IMPROVEMENTS: Lessor shall make no tenant improvements. If Lessee
makes any tenant improvements, they shall be made with Lessor's prior written approval,
by a licensed contractor, in a good workmanlike manner, in conformity with all local code
standards and subject to the approval of the local building official. Lessor shall have the
right to inspect and approve all improvements made by Lessee. Upon termination of this
Lease, Lessor may require Lessee to remove any or all Lessee improvements and restore
the Premises to their original condition in accordance with Paragraph 7.3 (a) of the Lease.
55. DRIVEWAYS AND COINIMON AREAS: No exterior storage of equipment or supplies
is permitted. Lessee will immediately clean-up any debris left in the driveway or common
areas by Lessee's operation.
56. SIGNAGE:
(a) Lessee will be responsible for providing and paying for all signage. Lessee
agrees to abide by the sign program for the building, and all lettering will conform to the
sign program with regard to style and size. All signage must be be submitted to Lessor in
the form of drawings to be approved or disapproved prior to installation.
(b) Lessor may place such signs as Lessor deems reasonable for the advertisement
of space available for lease in the building. "FOR LEASE" signs include canvas or wood
banner or metal signs of real estate brokerage companies retained by Lessor.
57. UTILITIES AND OTHER SERVICES: If Lessee's use of water or sewer services
provided by Lessor is unreasonable in proportion to Lessee's percentage of total building
occupancy, Lessor may charge Lessee a reasonable sum for -such additional services.
58. ELECTRICAL: The area in front of the electrical panels are to be kept free and clear
by at least Y-0".
I \ 1 � PIAL � TIAL
sf
IIIaL
INITIAL'
NCn (No Cmlwn noquvuJ) I..��I
HAZARDOUS MATERIALS ADDENDUM �"
EXIIIISIT It
To the 0 PURCHASE AGREEMENT, 0 EXCHANGE AGREEMENT, Ox LEASE AGREEMENT —
covering the real property commonly known as 97.-D Louise Street, San Rafael. California
as shown on the attached plat, outlined in orange, i•7tIIIBIT A
between Leonardi Properties, Lessor
and The San Rafael Police Department, Lessee
dated April 14, 1993
Various materials utilized in the construction of any improvements to Property may contain materials that have been
or may in the future be determined to be toxic, hazardous or undesirable and may need to be specially handled and/or
removed from the Property. For example, some electrical transformers and other electrical components can contain
PCBS, and asbestos has been used in a wide variety of building components such as fire -proofing, air duct insulation,
acoustical tiles, spray -on acoustical materials, linoleum, floor tiles and plaster. Due to current or'prior uses, the
Property or improvements may contain materials such as metals, minerals, chemicals, hydrocarbons, biological or
radioactive materials and other substances which are considered, or in the future may be determined to be, toxic
wastes, hazardous materials or undesirable substances. Such substances may be in above -and below -ground
containers on the Property or may be present on or in soils, water, building components or other portions of the
Property in areas that may not be accessible or noticeable.
Current and future federal, state and local laws and regulations may require the clean-up of such toxic, hazardous or
undersirable materials at the expense of those persons who in the past, present or future have had any interest in
Property including, but not limited to current, past and future owners and users of the Property. The Parties are
advised to consult with Independent legal counsel of their choice to determine the potential liability with respect to
toxic, hazardous, or undesirable materials. The Parties should also consult with such legal counsel to determine what
provisions regarding toxic, hazardous or undesirable materials they may wish to include in purchase and. sale
agreements, leases, options and other legal documentation related to transactions they contemplate entering into
with respect to the Property.
The real estate salesperson and brokers in this transaction have no expertise with respect to toxic wastes, hazardous
materials or undesirable substances. Proper inspections of the Property by qualified experts are an absolute
necessity to determine whether or not there are any current or potential toxic wastes, hazardous materials or
undesirable substances in or on the Property. The real estate salesperson and brokers in this transaction have not
made, nor. will make, any representations, either expressed or implied, regarding the existence or nonexistence of
toxic wastes, hazardous materials, or undesirable substances in or on the Property. Problems involving toxic wastes,
hazardous materials or undesirable substances can be extremely costly to correct. It is the responsibility of the
Parties to retain qualified experts to deal with the detection and correction of such matters.
The Parties are directed to seek further information concerning any and all future correctional measures, if -any, from
Municipal, County, State and/or Federal Agencies.
1
DATED:
Seller/Lessor I r/L or
Leonardi Properties, Lessor
RECEIPT ACKNOWLEDGED:
DATED:
Buyer/Lessee Buyer/Lessee
City of San Rafael'
Attest:
FORM 110.61(old109.8) (5-91) PROFESSIONAL PUSUSHW0 CORPORATION. 122PAULD . RAFAEL, CA 94903 (41614n.1"4 I^A�I NttUFtS51UNAL
lid PU13LISHINC