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Pure Design- 0 City of Grand Terrace ELECTRIC VEHICLE CHARGING STATION SITE LEASE WHEREAS,the parties to this Lease are Pure Design(herein referred to as"LESSOR') whose address is 22471 Barton Road who is the fee owner of certain real property known as A.P.N.: 277-121-45 described in Exhibit"A"(Property Description)attached hereto and incorporated herein by reference("the Property")and the City of Grand Terrace(herein referred to as the"LESSEE'S desire to make available electric vehicle charging infrastructure within the South Coast Air Basin; and WHEREAS, LESSEE desires to(1)provide parking spaces and appurtenant areas necessary for the installation of electric vehicle charger(s)on the property, (ii)install the electric vehicle charger(s),(iii)contribute the cost of electricity used at such charging stations during the period of the Lease, (iv)maintain the electric vehicle charger(s)in good and operative condition throughout the period of this Lease; and(v)provide the Property with such electrical facilities as would permit the installation of additional electric vehicle charger(s)in the future, in accordance with Exhibit"A" and, NOW THEREFORE FOR VALUABLE CONSIDERATION,the Parties agree as follows: i. CHARC'MG STATION INSTALLATION -LESSEE intends to construct the project as set forth in the Project Description set forth in Exhibit A and Exhibit B (Project Schedule). LESSEE agrees to provide and/or arrange for the design, construction and installation of the Charging Station in a good,workmanlike and substantial manner in accordance with industry standards consistent with the Project Description. The electric vehicle charger(s) along with the additional electric facilities shall be referred to herein as"Charging Station",and the location of the Charging Station and reasonable thereto shall be referred to herein as the"Charging Area". 2. CONSIDERATION -LESSOR agree to allow LESSEE to utilize the property at no cost to LESSEE. 3. USER FEE -In the event LESSEE no longer contributes to the cost of electricity used at such charging stations during the period of this lease,LESSOR has the option of charging a user fee for each vehicle charged at said vehicle charging station. A fair and equitable fee amount and transaction mechanism is to be determined between LESSOR,LESSEE,and Edison EV. 4. JERIMNATION -In the event any party fails to comply with any term or condition of this Lease,or fails to provide the services in the manner agreed upon by the parties, including,but not limited to,the requirements of Exhibits A,this shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party That it must cure this breach within thirty(30)days or provide written notification of its intention to terminate this Lease with thirty(30)day's written notice. Notification shall be 0 provided in the manner set forth in Paragraph 14 below,entitled-"Notices". Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. 5. INSURANCE -LESSOR, and LESSEE shall maintain at all times during the term of this Lease,at LESSOR'S and LESSEE'S expense,respectively, a general commercial policy insuring LESSOR,LESSEE,and the PROPERTY against liability arising out of PROPERTY. LESSOR and LESSEE shall maintain such coverage during the term of this Lease and any extensions thereof. The parties shall provide one another with an original certificate or other evidence satisfactory to the parties that the respective parties have obtained and are maintaining the insurance required under this paragraph. 6. INDEMNIFICATION -LESSOR agrees to hold harmless,defend,and indemnify LESSEE, its officers,employees,agents, representatives, and successors-in-interest against any and all loss, damage,cost, or expenses which LESSEE, its officers,employees, agents,representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by LESSOR, its employees, subcontractors, or agents in the performance of the Lease. LESSEE agrees to hold harmless,defend, and indemnify LESSOR,its officers,employees, agents,representatives, and successors-in-interest against any and all loss, damage,cost, or expenses which LESSOR, its officers,employees, agents,representatives,and successors-in- interest may incur or be required to pay by reason of any injury or property damage caused or incurred by LESSEE, its employees, subcontractors, or agents in the performance of the Lease. 7. ASSIGNMENT-The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. $. -LESSOR'S or LESSEE'S failure to insist upon the performance of any or all of the terms, covenants,or conditions of this Lease,or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms,covenants,or conditions, or of the future exercise of such rights or remedies,unless otherwise provided for herein. 9. A"TORNEY'S FEES -In the event any action(including arbitration)is filed in connection with the enforcement or interpretation of this Lease, each party in said action shall pay its own attorney's fees and costs. 10. FORCE MAJEURE -Neither the LESSOR nor LESSEE shall be liable or deemed to be in default for any delay or failure in performance under this Lease or interruption of services resulting,directly or indirectly, from acts of God,civil or military authority, acts of public enemy,war, strikes,labor disputes, shortages of suitable parts, materials, labor or transportation, 1• or any similar cause beyond the reasonable control of LESSOR or LESSEE. 0 0 11. SEURABILITY-In the event that auy one or more of the provisions contained in this Lease shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction,such holding shall not affect any other provisions of this Lease, and the Lease shall then be construed as if such unenforceable provisions are not a part hereof. 12. HEADINGS -Headings on the paragraphs of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain,modify,or aid in the interpretation,construction, or meaning of the provisions of this Lease. 13. DUPLICATE EXECUTION-This Lease may be executed in duplicate. Each signed copy shall have the force and effect of an original. 14. GOVERNING LAW_ -This Lease shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be San Bernardino County, California. 15, RESTRICTION ON TRANSFER OR ALTERATION - LESSOR agrees it will not sell or convey the property during the term of this agreement without the consent of LESSEE and will not alter the Charging Station or the Charging Area. 16. CHARGER OWNERSHIP -The LESSEE shall retain ownership of all electric vehicle charging equipment. 17. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below,or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail,postage paid, which ever is earlier. City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Attention: Larry A. Mainz Pure Design 22471 Barton Road Grand Terrace, CA 92313 Attention: Dave and Nadine Yarnell IS. USE OF STATIQX AND STATION SIGNAGE -LESSOR agrees to use its best efforts to ensure that the parking spaces in which the charging stations are installed will be used only for electric vehicle charging and will be unlocked and available for public access at all times during operating hours. LESSOR further agrees to permit appropriate signage marking the charging station location to be installed at the Charging Area. 19. JERM -The term of the Lease shall be 10 years subject to an automatic annual renewal unless either party provides written notice of termination six(6)months prior to any renewal date after 18 months. 20. -This Lease represents the entire agreement between the parties hereto and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver,alterations, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver,alteration, or modification is sought. IN WITNESS WHEREOF,the parties to this Lease have caused this Lease to be duly executed on their behalf by their authorized representatives. City of Grand Terrace Pure •gn By: By City Manager Dave Yarnell By: Nadine Yame State of California ) County of San Bernardino )ss. City of Grand Terrace } On,.,Za? - 9 7 .before in �I��I�I�Gt 4-,a n-pi/I ,,a Notary Public in and for said State,personally appeared CL proved to me on the basis of satisfactory evidence to be the person(Q whose uame(D islam subscribed to the within instrument and acknowledged to me that he/aha4key executed the same in heir authorized capacity(,and that by her signatures}on the instrument the person(&),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. WDd1RAl 001VRI=705 Od1NY ir M1I Cenra.�m/MR Zb 1994 CALIFORNIA ALL-PUFF, SSE ACKNOWLED43MENT State a[ 1. U M.r !x_ County of i'l Q , f.nOA 4Lt It On_ j— t3)— 94F before me, Y�2ridr���-ccr,-�,(� Q �i toub-[,4, Dab Name atd 1VM d Officer p 9.'Jorw On,NotaY personally appeared d r-n e-- /AAf n-e. .. , ❑personally known to me—OR—*roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, � executed the instrument.Sam � M WITNESS my hand and official seal. swab"of Pttblc OPTIONAL Tbaugh the Inkrawfion below is not required by law,if may prove valuable to persons relying on fhe doarmml and could prevent fraudulent removal and reaftachnwt of fhls Iform to arxWw dbctanent Description of Attached Document 1 Title or Type of Document: Lk .L-- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: � a� Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Till e(s): ❑ Partner—❑ Limited ❑General ❑ Partner--❑ limited ❑General ❑ Attomey-in-Fact ❑ Attomey4n-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other Top of thumb here ❑ Other tap of thumb here Signer Is Representing: Signer Is Representing: - - - - - - - - - - - - - 01M Matlorrsl Notary AswcWw•8=Raratet Ava-P.O.Bat 7104•Carapa Pak.CA 01300-7184 Prod No.Sop? Reorder Cal Tal•Fraa 141a0-878�a827 EXHIBIT A Project Description LESSEE shall install one electric vehicle charging site on the property for a total of two charging stations. Edison EV shall perform all installation and construction for EV Charging Stations. LESSEE shall monitor and evaluate the usage of the electric vehicle charging stations for a period of 12 months after installation is complete. LESSEE shall maintain the electric vehicle chargers in good and operative condition throughout the period of this LEASE. The property,types of chargers,and hours of operation are as follows: 1. Pure Design 22471 Barton Road Grand Terrace, CA 92313 Site is accessible from I-215 Freeway @ Barton Road Cross Streets: West of Mt Vernon and Barton Road and East of Canal and Barton Road Installation of 1 inductive charger, 1 conductive charger Hours of Operation-24 hour basis. EXHIBIT B Project Schedule The following table shows the Project work schedule by task including start and completion of milestone dates as well as deliverables. The Project is scheduled for completion within an 18 month period. TASK Start Date/Completion Installation of Chargers Months 1-6 Monitor and Evaluate Charging Stations Months 7-18 Quarterly Reports Months 3,6, 12, and 15 Final Report Month 18 Hardware: Electric Vehicle Charging Stations The Charging Station shall be installed and operational no later than six months after Lease execution. LM:Im c.\wp6 t\..1planninglgmntkle=n.pd c w 4 F CrrY OF GRAND TIMRACE 1 DATE: Noymhz20. 1997 TO. Ereg4a StwnfiZ4 Q&k_ 0 inWdpIw ctvA for project Correedons requested by EKuI glFagiriee ommm4ty Devolqpment Dqwftnta U Revidon bested by a Io= .0 Pennit #tvcr App&=VOwn= Situ Ads: won Read PL&S se fin IL. Special coiumcutw a lludcs 26U k-ic[ dr h=m I Il amd_11/26 ' �tdUU Farr your t.