HomeMy WebLinkAboutC&S Recycling-2008-13 is-zc — i3
LEASE AGREEMENT
City of Grand Terrace Community Redevelopment Agency
and
C&S Recycling
1. FACTS:
1.1 The Landlord(City of Grand Terrace Community Redevelopment Agency)hereby agrees to lease to Tenant
(C&S Recycling)real estate located immediately north of the Highgrove Power Plant(A portion of
Assessor's Parcel 1167-151-024)(the"Property"). The total leased area is approximately one(1)acre.
1.2 The Landlord acknowledges receipt of$2,000.00 to be applied as follows:
Last month's lease payment $ 1,000.00
First month's lease payment $ 1,000.00
1.3 The following checked addendums are made a part of this nonresidential lease:
Property Description As defined in Exhibit"A"
Condition of Premises Vacant land, fenced
2. TERM OF LEASE:
2.1 The Lease commences on the date of execution of this Agreement by both parties,and expires one(1)year
from the date of execution. Following the date of expiration,the Lease may be extended on a month to
month basis through mutual agreement of both parties.
2.2 The Lease terminates on the last day of the term without further notice,but may be extended for an on a
monthly basis for up to one additional year with written notice from Tenant and agreement by the City.
2.3 If Tenant holds over,Tenant to be liable for damages at the daily rate of$ 100.00.
3. LEASE PAYMENT:
3.1 Tenant shall pay$1,000 monthly, in advance, on the first day of each month plus payment for
any partial month prorated at I/30th of the monthly rent per day.
3.2 Lease Payment shall be paid in U.S. dollars by cash,or check,or cashier's check, at Landlord's address.
3.3 Lease payment shall be tendered by mail or personal delivery.
3.4 Tenant shall incur and be required to pay a late charge of$ 100.00 in the event Lease Payment is not
received within five days of the due date.
3.10 Tenant shall incur and pay$ 50.00 for each Lease Payment check returned for insufficient funds, and
thereafter shall be required to pay ease Payment by cash or cashier's check.
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4. OPERATING EXPENSES:
4.1 Tenant shall be required to pay all utility and service charges.
4.2 Tenant shall be required to pay all taxes levied on Tenant trade fixtures installed on the premises.
4.3 Should Landlord pay any charge owed by Tenant,Tenant shall pay,within ten days of written demand,the
charge as additional rent.
5. POSSESSION:
5.1 If Landlord is unable to deliver possession of the Property, Landlord will not be liable for any damage.
6. USE OF THE PREMISES:
6.1 The Tenant's use of the Property shall be for storage of equipment and rolling stock associated with
Tenant's cable spool recycling business. The Tenant shall not sublease any portion of the Property. The
Tenant may maintain and/or service stored equipment onsite.
6.2 No other use of the Property is permitted.Tenant may not conduct any activity which increases Landlord's
insurance premiums. The Tenant shall not store or process any organic materials on the Property.
6.3 Tenant shall not use the Property for any unlawful purpose,violate any government ordinance or building
and Tenant association rules or create any nuisance. Tenant shall maintain all required permits and
approvals from all responsible government agencies.
6.4 Tenant shall deliver up the Property together with all keys to the Property on expiration of the Lease in as
good condition as when Tenant took possession,except for reasonable wear and tear.
7. APPURTENANCES:
7.1 Tenant shall have the right to use Landlord's access easement for ingress and egress.
8. SIGNS AND ADVERTISING:
8.1 Tenant shall not construct any sign or other advertising on the Property without the prior consent of
Landlord.
9. TENANT IMPROVEMENTS/ALTERATIONS:
9.1 Tenant may not alter or improve the Property without Landlord's prior written consent. Tenant shall keep
the Property free of all claims for any improvements and shall timely notify Landlord to permit posting of
notices for non-responsibility.
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10. REPAIR AND MAINTENANCE:
10.1 The Property is in good condition.
10.2 Tenant shall maintain and repair the Property, as required to cause it to remain in good
condition.
11. RIGHT TO ENTER:
11.1 Tenant agrees to make the premises available on 24 hours' notice for entry by Landlord for
necessary repairs,alterations, or inspection of the Property.
12.WASTE:
12.1 Tenant shall not destroy,damage, or remove any part of the Property or equipment,or commit
waste,or permit any person to do so.
13. LIABILITY INSURANCE:
13.1 Tenant shall obtain and maintain commercial general liability insurance covering both personal
injury and property damage to cover Tenant's use of the Property insuring Tenant and Landlord.
13.2 Tenant shall obtain insurance for this purpose in the minimum amount of$1,000,000.00.
13.3 Tenant shall provide Landlord with a Certificate of Insurance naming the Landlord as an
additional insured.The Certificate shall provide for written notice to Landlord should a change or
cancellation of the policy occur.
13.4 Each party waives all insurance subrogation rights it may have.
14. HOLD HARMLESS:
14.1 Tenant shall hold Landlord harmless for all claims, damages or liability arising out of the use of
Property caused by Tenant or its employees or patrons.
15. DESTRUCTION:
15.1 In the event the Property is totally or partially destroyed,Tenant agrees to repair the
Property if the destruction is caused by Tenant or covered by its insurance.
15.2 The Lease shall not be terminated due to any destruction.
16. ASSIGNMENT, SUBLETTING AND ENCUMBRANCE:
16.1 Tenant may not assign this Lease or sublet any part of the Property,or further encumber the
leasehold.
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17. SURRENDER:
17.1 Tenant may surrender this Lease only by a written cancellation and waiver agreement with
Landlord.
18. WAIVER:
18.1 Waiver of a breach of any provision in this Lease shall not constitute a waiver of any subsequent
breach.Landlord's receipt of Lease Payment with knowledge of Tenant's breach does not waive
Landlord's right to enforce the breach.
19. DEFAULT REMEDIES:
19.1 If Tenant breaches any provision of this Lease, Landlord may exercise any and all of its rights,
including eviction and the right to collect future rental losses after forfeiture of possession.
20. MISCELLANEOUS:
20.1 If an action is instituted to enforce this Agreement,the prevailing party shall receive reasonable
attorneys fees.
20.2 This Lease shall be binding on ail heirs, assigns and successors except as provided in section 17.
20.3 This Lease shall be enforced under California law.
20.4 This Lease reflects the entire agreement between the parties.
20.5 This Lease is not secured by a trust deed.
I agree to let the premises on the terms stated above.
Date: 7-2(o, 2008
Landlord: City of Grand Terrace
Community Redevelopment Agency
Address: 22795 Barton Road
Grand Terrace,CA 92313-5295
Day Phone: (909)4 Fax(909)783-2600
Signature: e
Steve Berry, Ling E cutive Di ctor-Development Agency
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I agree to occupy
/t the premises on the terms stated above.
Date: 9-.24I , 2008
Tenant: C&S Recycling,Inc.
Address: I \D'j 5. [N* Iembo G zil-
co t m,PA °222 29
711i
Day Phone: (9099))70770�-?`?2 I Fax(909)
Signature: vV /(At
Warren Carter,General Manager
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