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014 LEASE EXTENSION 4 u
THIS LEASE EXTENSION is entered into this 4- day Otio 1998, by and between the
CITY OF SEAL BEACH ( "City ") and UNDER THE RAINBOW ( "Tenant ").
1. Article III, Section 3.1 of the Lease Agreement dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms, covenants, agreements and conditions herein contained,
Tenant shall have and hold the Premises for a term commencing on the first day of January, 1998 and ending on
the 31s day of December, 1999.
2. Section 4.1 of Article IV concerning minimum monthly rent is hereby amended by renumbering
4.1 as 4.1(a) and adding thereto a new subsection 4.1(b) to read as follows:
(b) Periodic Adjustment. The minimum monthly rent described in section 4.1 (a) shall be adjusted
September 1, 1996 and every year thereafter ( "the Adjustment Date ") as follows:
The base for computing the adjustment is the Consumer Price Index for All Urban Consumers for the Los
Angeles- Anaheim - Riverside metropolitan Area published by the United States Department of Labor, Bureau of
Labor Statistics ( "Index "), which is published for May 1996 ("Beginning Index "). If the Index published for the
second calendar month preceding the Adjustment Date ( "Extension Index ") has increased over the Beginning
Index, the minimum monthly rent for the period until the next Adjustment Date shall be set by multiplying the
minimum monthly rent states in section 4.1(a) by a fraction, the numerator of which is the Extension Index and
the denominator of which is the Beginning Index. In no case shall the minimum monthly rent be less that the
minimum monthly rent stated in section 4.1 (a).
If the Index is changed so that the base year differs from that used for the Beginning Index, the Index
shall be converted in accordance with the conversion factor published by the United States Department of
Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other
government index or computation with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained in the Index had not been discontinued or revised.
3. Except as amended above, the Lease Agreement shall remain in full force and effect as to all
terms, conditions, and provisions as set forth in the original Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
,04,0.404
e ., *e 4v ef tg
OR
ATTEST:
CITY CLERK
UNDER the RAINBOW
/'
EP LEASE EXTENSION RIP
THIS LEASE EXTENSION is entered into this °V- day of,.(/CGt0-i! 1996,
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by and between the CITY OF SEAL BEACH ( "City ") and UNDER THE RAINBOW ( "Tenant ").
1. Article III, Section 3.1 of the Lease Agreement dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms, covenants, agreements and conditions herein contained,
Tenant shall have and hold the Premises for a term commencing on the first day of January, 1996 and ending on
the 31st day of December, 1997.
2. Section 4.1 of Article IV concerning minimum monthly rent is hereby amended by renumbering
4.1 as 4.1(a) and adding thereto a new subsection 4.1(b) to read as follows:
(b) Periodic Adjustment. The minimum monthly rent described in section 4.1 (a) shall be
adjusted September 1, 1996 and every year thereafter ( "the Adjustment Date ") as follows:
The base for computing the adjustment is the Consumer Price Index for All Urban Consumers for the Los
Angeles- Anaheim - Riverside metropolitan Area published by the United States Department of Labor, Bureau of
Labor Statistics ( "Index "), which is published for November, 1995 ("Beginning Index "). If the Index published
for the second calendar month preceding the Adjustment Date ( "Extension Index ") has increased over the
Beginning Index, the minimum monthly rent for the period until the next Adjustment Date shall be set by
multiplying the minimum monthly rent states in section 4.1(a) by a fraction, the numerator of which is the
Extension Index and . the denominator of which is the Beginning Index. In no case shall the minimum monthly
rent be less that the minimum monthly rent stated in section 4.1 (a).
If the Index is changed so that the base year differs from that used for the Beginning Index, the Index
shall be converted in accordance with the conversion factor published by the United States Department of
Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other
government index or computation with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained in the Index had not been discontinued or revised.
3. Except as amended above, said Lease Agreement shall remain in full force and effect as to all
terms, conditions and provision as set forth in the original Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
MAYOR
ATTEST:
CLT CLERK
UNDER THE RAINBOW
BY
tr y
110 411
LEASE EXTENSION
THIS LEAS EXTENSION is entered into this //itg day of
, 1993, by and between the CITY OF
SEAL ; ACH ( "Cir. ") a d UNDER THE RAINBOW DAY CARE ( "Tenant ").
Article III, Section 3.1 of the Lease Agreement
dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms,
covenants, agreements and conditions herein
contained, Tenant shall have an hold the
Premises for a term commencing on the 1st
day of January, 1993 and ending on the 31st
day of December, 1995.
Except as amended above, said Lease Agreement shall
remain in full force and effect as to all terms,
conditions, and provisions as set forth in the original
Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
ATTEST: .:< .
,City Clerk UNDER THE RAINBOW
BY ik l,. alevja PLC)
. 410 411
LEASE EXTENSION
THIS LEASE EXTENSION is entered into this day of
- 44:h.u..di , 1990, by and between the CITY
OF EAL BEA "City ") and UNDER THE RAINBOW DAY CARE
( "Tenant ").
Article III, Section 3.1 of the Lease Agreement
dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms,
covenants, agreements and conditions herein
contained, Tenant shall have and hold the
Premises for a term commencing on the 1st
day of January, 1990 and ending on the 31st
day of December, 1992.
Except as amended above, said Lease Agreement shall
remain in full force and effect as to all terms,
conditions, and provisions as set forth in the original
Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
ATTEST:
M yor
y Clerk UNDER THE RAINBOW DAY CARE
By ■m► • .L �Il.
411 111
LEASE
THIS LEASE is entered into this day 1987, by
and between the CITY OF SEAL BEACH ( na
hereift "City"),
and UNDER THE RAINBOW DAY CARE (hereinaft r ca led Cit Y all "Tenant ").
ARTICLE I
PREMISES
Section 1.1 Leased Premises defined. City hereby leases to
Tenant the real property described in Exhibit A, attached hereto,
and all improvements and personal property now or hereafter
located thereon (hereinafter called the "Premises ") for the term
and upon all of the conditions and agreements set forth herein.
Section 1.2 Condition of Premises. The Premises are accepted
"as is" in their present condition. City makes no representation
as to the condition of the Premises or their fitness for any
purpose.
ARTICLE II
USE OF THE PREMISES
Section 2.1 Permitted Use. The Premises may be used for a day
care program to provide supervision and activities for children
of preschool and elementary age.
Section 2.2 Enrollment priority. Upon the creation of a vacancy
in the day care center enrollment, new registrants shall be given
priority based on the following order: (1) Resident children of
the City of Seal Beach, (2) Children of persons who are employed
by the City of Seal Beach, (3) All others.
This clause shall only be used for new registrants. Individuals
registered at the time this agreement takes effect, shall not be
affected by the provisions of this section.
Section 2.3 Compliance with Law and Regulations. Tenant shall
comply promptly, and at Tenant's expense, with all applicable
statues, ordinances, rules, regulations, orders and requirements
regulating the use of the Premises.
ARTICLE III
TERM
Section 3.1 Term. Subject to the terms, covenants, agreements
and conditions herein contained, Tenant shall have and hold the
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Premises for a term commencing on the 1st day of January, 1987
and ending on the 31st day of December 1989.
Section 3.2 Termination. The term of this Lease shall terminate
upon the occurrence of any of the following events:
(a) A default by Tenant (as defined in Section 10.1) and
Lessor's election to terminate this Lease under Section 10.2
hereof.
(b) The exercise by Tenant of its right to terminate this
Lease under Section 8.2 hereof if the Premises are destroyed or
substantially damaged.
ARTICLE IV •
RENT
Section 4.1 Minimum Monthly Rent. Tenant shall pay to City as
minimum monthly rent ( "Minimum Monthly Rent "), without deduction,
setoff, prior notice, or demand, the sum of Two Thousand Dollars
($2,000.00), per month in advance on the first day of each month,
commencing on the date the Term commences and continuing during
the Term. Payment shall be made to: Finance Director, City of
Seal Beach, 211 Eighth Street, Seal Beach, Ca 90740.
Section 4.2 Percentage Rent.
(a) Percentage. In addition to Minimum Monthly Rent,
Tenant shall pay to City a sum ( "Percentage Rent ") equal to the
difference of (i) Five Percent (5 %) of Tenant's Gross Revenues
(as defined in Section 4.2(d)) during each Lease Year (as defined
in Section 4.2(c)), less (ii) the aggregate Minimum Monthly Rent
paid during that Lease Year.
(b) Method of Payment. Percentage Rent shall be computed
each Percentage Rent Period (as defined in Section 4.2(c)). On
or before the tenth (10th) day of the calendar month immediately
following the close of each Percentage Rent Period, Tenant shall
pay to City the amount by which the sum computed as a percentage
of Tenant's Gross Revenues during the Percentage Rent Period
exceeds the Minimum Monthly Rent that Tenant has paid during the
Percentage Rent Period under Section 4.1.
Within thirty (30) days after the end of each Lease Year City
shall determine the amount of Percentage Rent based on the Gross
Revenues of Tenant during the Lease Year and the Sums paid to
City as Minimum Monthly Rent and Percentage Rent.
If Tenant has paid to City an amount of Percentage Rent greater
than the Percentage Rent it is in fact obligated to pay for the
Lease Year pursuant to Section 4.2(a), Tenant shall be entitled
to an immediate refund of the excess. If Tenant has paid to City
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an amount of Percentage Rent less than Tenant is required to pay,
Tenant shall immediately pay the difference to City.
(c) Percentage Rent Period; Lease Defined. A
"Percentage Rent Period" is a calendar month. A "Lease Year" is
a calendar year.
(d) Gross Revenues Defined. "Gross Revenues" of Tenant
means the gross fee charged for all services delivered in or from
the Premises by Tenant, its permitted subtenants, licensees, or
concessionaires, whether for cash or on credit (whether collected
or not). Any transaction on an installment basis, or otherwise
involving the extension of credit, shall be treated as a charge
for full fee at the time the service is rendered. "Gross
revenues" shall also include any sums the Tenant receives from
the sale of any products or supplies to its customers ancillary
to the provision of its basic service.
"Gross Revenues" shall not include refundable deposits
collected by Tenant from it customers or gift certificates, or
similar vouchers, until such time as they shall have been
converted into a sale by redemption.
(e) Statement of Gross Revenues. Tenant shall furnish to
City statements of Tenant's Gross Revenues within ten (10) days
after the end of each month, and annual statements of Gross
Revenues within thirty (30) days after the end of each Lease
Year. Each statement shall be signed and certified to be correct
by an officer of Tenant.
Tenant shall keep full and accurate books of account, records,
cash receipts, and other pertinent data showing its Gross
Revenues. Such books of account, records, cash receipts, and
other pertinent data shall be kept for a period of three (3)
years after the end of each Lease Year. The receipt by City of
any statement, or any payment of percentage rent for any period,
shall not bind City as to the correctness of the statement or the
payment.
City shall be entitled during the Term and within three (3) years
after Expiration or Termination of this Lease to inspect and
examine all Tenant's books of account, records, cash receipts,
and other pertinent data, so City can ascertain Tenant's Gross
Revenues. Tenant shall cooperate fully with City in making the
inspection. City shall also be entitled, once during each Lease
Year and once after expiration or termination of this Lease, to
an independent audit of pertinent data to determine Tenant's
Gross Revenues, by a certified public accountant to be designated
by City. The audit shall be limited to the determination of
Gross Revenues and shall be conducted during usual business hours
at the Premises.
If the audit shows that there is a deficiency in the payment of
any Percentage Rent, the deficiency shall become immediately due
and payable. The costs of the audit shall be paid by City unless
the audit shows that Tenant understated Gross Revenues by more
than two percent (270, in which case Tenant shall pay all City's
costs of the audit.
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ARTICLE V
TAXES AND UTILITIES
Section 5.1 Taxes. Tenant shall be responsible for and shall
pay or cause to be paid before delinquency all municipal, country
or state taxes, levies and fees of every kind and nature,
including but not limited to general or special assessments,
assessed during the term of this Lease against any leasehold
interest, leasehold improvements or personal property of any kind
owned by or placed in, upon or about the Premises by Tenant.
Section 5.2 Utilities. Tenant shall pay all charges for gas,
electricity, and other utility services used in the Premises
during the Lease term (including hookup charges), whether or not
such charges are billed directly to Tenant. The City shall not
be liable in damages or otherwise for any failure or interruption
of any utility service being furnished the Premises and no such
failure or interruption shall- entitle Tenant to an abatement of
rent or to terminate this Lease.
ARTICLE VI
MAINTENANCE, REPAIRS AND ALTERATIONS
Section 6.1 City's Duties. City shall have no obligation of any
kind or nature whatsoever with respect to the maintenance,
repair, or restoration of the Premises or any improvements
located thereon.
Section 6.2 Tenant's Duties.
(a) Maintenance and Repairs. Subject to the provisions of
Article VIII pertaining to casualties, Tenant shall during the
term of this Lease at Tenant's sole expense keep in a safe,
clean, orderly, and sanitary condition, and in a state fit for
the intended use the Premises and every part thereof.
(b) Performance by City. If Tenant fails to perform its
obligations under this Section 6.2, City may at its option, after
thirty (30) days' written notice to Tenant (or without notice in
the event of an emergency), enter upon the Premises and put the
same in good order, condition and repair and the cost thereof
shall become due and payable by Tenant t� Landlord upon demand.
Any such entry shall not be deemed a forceable or unlawful entry
or detainer of the Premises or an eviction. City shall not be
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liable for any inconvenience, disturbance, business interruption,
nuisance or other damage arising out of any such entry.
Section 6.3 Tenant's Improvements. Tenant shall not make any
alterations to the Premises without the prior written consent of
City. Any alterations made shall remain on and be surrendered
with the Premises on expiration or termination of the term of
this Lease. If City so elects, Tenant at its cost shall restore
the Premises to the condition existing on the date of this Lease,
normal wear and tear excepted.
If Tenant is not then in default of any provisions of this Lease,
Tenant shall have the right to remove from the Premises
immediately before the expiration of the term of this Lease, or
with ten (10) days after termination of the term, any alterations
Tenant has made to the Premises, as long as the removal will not
• cause any structural damage to the Premises, and Tenant at its
cost promptly restores any damage caused by the removal.
ARTICLE VII
INSURANCE AND INDEMNITY
Section 7.1 Property Insurance. Tenant shall at all times
during the term of this Lease, at its sole cost and expense,
maintain in effect policies of insurance covering all
improvements now or at any time during the term of this Lease
located within or upon the Premises with a reputable insurance
company or insurance pool for the full replacement cost of such
improvements providing protection against any peril included
within the classification "Fire and Extended Coverage ", vandalism
and malicious mischief. Full replacement cost does not include
the costs of excavation, foundations, and subsurface footings.
Proceeds of such insurance shall be payable to City and Tenant as
their interests may appear. Should Tenant be unable to secure
property insurance, City shall attempt to provide property
insurance. The cost of the property insurance shall be added to
the minimum monthly rent. If the policy is a blanket policy,
City's insurance agent shall determine in his reasonable judgment
the portion of the total premium allocable to the Premises.
Section 7.2 Liability Insurance. Tenant shall at all times
during the term of this Lease, at its sole cost and expense,
maintain in effect full comprehensive public liability insurance,
with a single combined liability limit of $1,000,000 and property
damage limits of not less than $200,000, insuring against all
liability of Tenant and its authorized representatives arising
out of or in connection with Tenant's use of the Premises. All
public liability insurance and property damage insurance shall
insure performance by Tenant of Tenant's indemnity obligations
under this Lease. Both parties and the lessor under the Master
Lease defined in Section 12.7 shall be named as additional
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insureds, and the policy shall contain cross - liability
endorsements."
Section 7.3 Evidence. Copies of policies of such insurance or
certificates evidencing such insurance shall be delivered to City
by Tenant on or before April 15, 1987. No such policy shall be
cancellable or the coverage reduced thereunder except after
thirty (30) days' written notice to City. All insurance required
to be maintained by Tenant shall be primary and non - contributing
to other insurance available to City.
Section 7.4 Non - Liability of City and Indemnity. The City shall
not be liable for any loss of or damage to any improvements,
fixtures, equipment, or property of any kind on, or about the
Premises, or for injury or death to any person or persons from
any cause arising at any time; nor shall City be in any way
liable in case of any accident or injury to or, death of Tenant's
servants, employees, agents, invitees or licensees, or to any
person or persons on or about the Premises. Tenant agrees to
defend and hold City free.and harmless from any and every nature
on account of the death of or injury to any person or as a result
of loss of or damage to any goods, wares, merchandise or property
of any kind, arising out of, resulting from, or occasioned by the
use, maintenance, operation, or occupancy or control of the
Premises by Tenant or other persons claiming under Tenant or
using the Premises with Tenant's express or implied consent.
ARTICLE VIII
DESTRUCTION, REPAIRS AND RESTORATION
Section 8.1 Minor Damage. If at any time during the term of
this Lease the Premises are damaged, and such damage is not
"substantial" as that term is defined in Section 8.3, then Tenant
shall promptly repair'such damage, at Tenant's expense to extent
such damage is uninsured, and this Lease shall continue in full
force and effect.
Section 8.2 Substantial Damage. If at any time during the term
hereof the Premises are destroyed or damaged and such damage is
"substantial" as that term is hereinafter defined, then Tenant,
at its option, may cancel and terminate this Lease as of the date
of the occurrence of such damage, by giving the City written
notice of its election to do so within thirty (30) days after the
date of occurrence of such damage. In the event of such
termination, Tenant shall pay to City prorated rent for the month
computed from the first day of such month to the date of
termination. If Tenant does not elect to terminate this Lease,
Tenant shall promptly repair such damage, at Tenant's expense to
the extent such damage is uninsured, and this Lease shall
continue in full force and effect. No lease termination shall
relieve Tenant of liability for uninsured damages to the premises
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arising from Tenant's wilful misconduct or negligence or that of
its agents or employees.
Section 8.3 Definitions. For the purposes of this Article VIII,
damage to the Premises shall be deemed to be substantial if the
reasonable estimated cost of repair or restoration exceeds Five
Thousand Dollars ($5,000.00).
Section 8.4 Non - Responsibility of City. City shall have no
obligation whatsoever to repair or restore the Premises.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
Section 9.1 Assignment and Subletting. Tenant shall not
voluntarily or by operation of law assign or encumber its
interest in this Lease or in the Premises, or sublease all or any
part of the Premises, or allow any other person or entity to
occupy or use all or any part of the Premises, without City's
prior written consent. Any purported assignment, encumbrance or
sublease without City's consent shall be voidable and, at City's
election, shall constitute a default. No consent to any
assignment, encumbrance or sublease shall constitute a further
waiver of the provisions of this paragraph.
A withdrawal or change, voluntary, involuntary or by operation of
law, of any of Tenant's constituent partners, or the dissolution
of Tenant, shall be deemed a voluntary assignment of this Lease
for purposes of this Section 9.1.
ARTICLE X
DEFAULTS AND REMEDIES
Section 10.1 Default Defined. The occurrence of any one or more
of the following events shall constitute a default hereunder by
Tenant:
(a) The failure by Tenant to make any payment of rent or
other payment required to be made by Tenant hereunder, as
and when due, where such failure shall continue for a period
of three (3) days after written notice thereof from City to
Tenant.
(b) The failure by Tenant to observe or perform any of the
covenants or provisions of this Lease to be observed or
performed by Tenant, where such failure, if curable, shall
continue for a period of thirty (30) days after written
notice thereof from City to Tenant; provided, however, that
if the nature of Tenant's default is such that more than
thirty (30) days are reasonably required for its cure, then
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Tenant shall not be 'deemed to be in default if Tenant shall
commence such cure within said thirty (30) day period and
thereafter diligently prosecutes such cure to completion.
(c) (1) The making by Tenant of any general assignment for
the benefit of creditors;
(2) The filing by or against Tenant of a petition to
have Tenant adjudged bankrupt or a petition for
reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against
Tenant, the same is dismissed within sixty (60) days);
(3) The appointment of a trustee or receiver to take
possession of substantially all of Tenant's assets located
at the Premises or of Tenant's interest in this Lease, where
possession is not restored to Tenant within sixty (60) days;
or
- (4) The attachment, execution or other judicial
seizure of substantially all of Tenant's assets located at
the Premises or of Tenant's interest in this Lease, where
such seizure is not discharged within sixty (60) days.
Section 10.2 City's Remedies. The City shall have the following
remedies if Tenant commits a default:
(a) The City can continue this Lease in full force and
effect, and the Lease will continue in effect as long as the
City does not terminate Tenant's right to possession, and
the City shall have the right to collect rent when due; or
(b) The City can terminate Tenant's right to possession of
the Premises. No act by the City other than giving notice
to Tenant shall terminate this Lease. Acts of maintenance,
efforts to relet the Premises, or the appointment of a
receiver on City's initiative to protect the City's interest
under this Lease shall not constitute a termination of
Tenant's right to possession.
Section 10.3 Dependent Covenants. The City shall be under no
obligation to observe or perform any covenant of this Lease on
its part to be observed or performed during the continuance of
any default by Tenant hereunder and such nonperformance by the
City shall not be deemed or construed to be an .eviction or
ejection of Tenant.
Section 10.4 Remedies Cumulative. The City may exercise any
other remedy or right now or hereafter available to a landlord
against a defaulting tenant under the laws of the State of
California and not otherwise specifically reserved herein. The
various rights and remedies reserved to the City herein,
including those not specifically described herein, shall be
cumulative, and, except as otherwise provided by California
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statutory law in force and effect at the time of the execution
hereof, the City may pursue any or all of such rights and
remedies, whether at the same time or otherwise.
Section 10.5 No Waiver. No delay or omission of the City to
exercise any right or remedy shall be construed as a waiver of
any such right or remedy or of any default by Tenant or of any
interest due hereunder. The acceptance by the City of rent or
additional rent hereunder shall not be a waiver of any preceding
breach or default by Tenant of any provision hereof, other than
the failure of Tenant to pay the particular rent or any
additional rent accepted, regardless of the City's knowledge of
such preceding breach or default at the time of acceptance of
such rent or any additional rent, or a waiver of the City's right
to exercise any remedy available to the City by virtue of such
breach or default. The acceptance of any payment from a debtor
in possession, a trustee or a receiver, or any other person
acting on behalf of Tenant or Tenant's estate shall not waive or
cure a default under Section 10.1(c) above.
Section 10.6 Default by the City. The City shall not be deemed
to be in default in the performance of any obligation required to
be performed by it hereunder unless and until it has failed to
perform such obligation within thirty (30) days after written
notice by Tenant to the City specifying wherein the City has
failed to perform such obligation; provided, however that if the
nature of the City's obligation is such that more than thirty
(30) day are required for its performance then the City shall not
be deemed to be in default if it shall commence such performance
within such thirty (30) day period and thereafter diligently
prosecute the same to completion.
Section 10.7 Expense of Litigation. If either party incurs any
expense, including reasonable attorneys' fees, in connection with
any action or proceeding instituted by either party by reason of
any default or alleged default of the other party hereunder, or
to construe this Lease, the party prevailing in such action or
proceeding shall be entitled to recover from the other party
reasonable expenses and attorneys' fees in the amount determined
by the Court, whether or not such action or proceeding goes to
final judgment. In the event of settlement or final judgment in
which neither party is awarded all of the relief prayed for, the
prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court.
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ARTICLE XI
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 11.1 Representations, Covenants and Warranties of
Tenant. Tenant represents, covenants and - warrants-to the City as
follows:
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(a) Tenant is a partnership duly organized and validly
existing under the laws of the State of California.
(b) Neither the execution and delivery of this Lease, nor
the fulfillment of or compliance with the terms and conditions
hereof, nor the consummation of the transactions contemplated
hereby, conflict with or results in a breach of the terms,
conditions or provisions of any restriction or any agreement or
instrument to which Tenant is now a party or by which the Tenant
is bound, or constitutes a default under any of the foregoing.
ARTICLE XII
MISCELLANEOUS
Section 12.1 Notices. Any notice required or permitted to be
given hereunder shall be in writing and may be served upon City
personally or by mail addressed to City Manager, 211 Eighth
Street, Seal Beach, Ca 90740 and upon Tenant personally or by
mail addressed to Tenant at 357 12th Street, Seal Beach, Ca
90740. Such notice shall be effective upon personal delivery to
addressee or if given by mail, shall be effective two (2) days
after deposit in the United States mail, certified mail, return
receipt requested, postage prepaid and addressed as specified
above. Either party may by written notice to the other specify a
different address for notice purposes.
Section 12.2 Severability. Any provision of this Lease which
shall prove to be invalid, void or illegal shall in no way
affect, impair or invalidate any other provision hereof, and such
remaining provisions shall remain in full force and effect.
Section 12.3 Time of Essence. Time is of the essence with
respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 12.4 Headings. The article and paragraph captions
contained in this Lease are for convenience only and shall not be
considered in the construction or interpretation of any provision
hereof.
Section 12.5 Entire Agreement and Binding Effect. This Lease
contains all of the agreements of the parties hereto with respect
to any matter covered or mentioned in this Lease, or relating to
the negotiation and execution thereof and no other agreement,
representation, statement or understanding pertaining to any such
matter, or any provision contained in a preliminary draft of this
Lease, shall be effective for any purpose. All of the covenants,
conditions, and obligations herein contained shall be binding
upon and inure to the benefit of the respective successors and
permitted assigns of the parties hereto to the same extent as if
such successors and assigns were in each case named as a party to
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this Lease. No provision of this Lease may be amended or added
to except by a agreement in writing signed by the parties hereto
or their respective successors in interest.
Section 12.6 Possession and Enjoyment. During the term of this
Lease, the City shall provide Tenant with quiet use.and enjoyment
of the Premises, and Tenant shall during such term peaceable and
quietly have and hold and enjoy the Premises, without suit,
trouble or hindrance from the City, except as expressly set forth
in this Lease. The City will, at the request of Tenant and at
Tenant's cost, join in any legal action in which Tenant asserts
its right to such possession and enjoyment to the extent the City
may lawfully do so.
Section 12.7 Master Lease. This Lease is subject to the
provisions of that Lease ( "the Master Lease ") dated January 1,
1987, by and between the Los Alamitos Unified School District, as
landlord, and City, as tenant, covering certain real property of
which the Premises are a part. Tenant shall not take any action
which causes a breach of the Master Lease."
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed in duplicate the day and year
first above written.
"CITY ":
CITY OF SEAL BEACH •
By .✓
Mayor
A�S T
j _ l
.6, / I.
/ City � — U trk
/
"TENANT"
UNDER THE RAINBOW DAY CARE
By �w
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