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STANDARD MULTI-TENANT FORM LEASE

Lease Agreement

STANDARD MULTI-TENANT FORM LEASE

 | Document Parties: 99 CENTS ONLY STORES | Hawaiian Gardens Redevelopment Agency You are currently viewing:
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99 CENTS ONLY STORES | Hawaiian Gardens Redevelopment Agency

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Title: STANDARD MULTI-TENANT FORM LEASE
Governing Law: California     Date: 4/2/2007
Industry: Retail (Specialty)    

STANDARD MULTI-TENANT FORM LEASE

, Parties: 99 cents only stores , hawaiian gardens redevelopment agency
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99 CENTS ONLY STORES

 

STANDARD MULTI-TENANT FORM LEASE

The Gardens Center, Hawaiian Gardens, CA

 

THIS LEASE (this "Lease") is made and executed this 8th day of February, 1995 by and between Hawaiian Gardens Redevelopment Agency, a California Governmental Entity (the "Landlord"), and 99 cents Only Stores, a California corporation (the "Tenant"), who agree as follows:

 

ARTICLE ONE:

BASIC TERMS

 

This Article One contains the Basic Terms of this Lease between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. In the event of any conflict or contradiction between this Article One and such other Articles, Sections and Paragraphs of the Lease, such other Articles, Sections and Paragraphs shall control and supersede the provisions of this Article One in regards to such conflict or contradiction.

 

 

Section 1.01.

Landlord's Address:

21815 Pioneer Boulevard

Hawaiian Gardens, CA 90716-1299

Telephone: (310) 420-2641 Fax: (310) 496-3708

ATTN: Executive Director

 

Section 1.02.

Tenant's Address:

4000 East Union Pacific Avenue

City of Commerce, CA 90023

Telephone: (213) 980-8145 Fax: (213) 980-8160

ATTN: Real Estate Department

 

Section 1.03.       Property: The demised premises (the "Property") is part of Landlord's multi-tenant real property known as The Gardens Center (the "Shopping Center"). The Shopping Center includes the land, the buildings and all other improvements located on the land, and the Common Areas described in Section 4.05(a). The Property is commonly known as 12123-12125 Carson Street, Hawaiian Gardens California and is more specifically shown on the site plan attached to this Lease as Exhibit "A" comprising approximately 15,042 square feet of ground floor area.

 

Section 1.04.       Lease Term: Approximately seven (7) years beginning on the date that Landlord delivers possession of the Property to Tenant in the condition specified in Section 6.01 and ending on January 31, 2002 unless sooner terminated in accordance with this Lease (the "Initial Lease Term"). Tenant shall have the option to extend the Lease Term beyond the Initial Lease Term as set forth in Section 2.02.

 

Section 1.05.       Permitted Uses: General retail store use only as more particularly described in Article 5 hereof.

 

Section 1.06.       Prepaid Base Rent: Eighteen Thousand Dollars ($18,000) (the "Prepaid Base Rent") payable upon execution of this Lease and to be applied in accordance with Section 3.01.

 

Section 1.07.      N/A

 

Section 1.08.       Brokers: None.

 

Section 1.09.       Rent   and Other Charges Payable by Tenant:

 

(a)       BASE RENT: Beginning on the Rent Commencement Date (as defined in Section 3.01), Tenant shall pay the sum of Nine Thousand Dollars ($9,000) per month (the "Base Rent") as rent for the Property. The Base Rent shall be subject to adjustment as set forth in Section 3.03.

 

(b)       OTHER PERIODIC PAYMENTS: (i) Property Taxes (See Section 4.02); (ii) Utilities (See Section 4.03); (iii) Insurance Premiums (See Section 4.04); (iv) Maintenance, Repairs and Alterations (See Article Six).

 

Section 1.10.       Riders: The following Riders are attached to and made a part of this Lease: None.

 

ARTICLE TWO:

LEASE TERM

 

Section 2.01.       Lease of Property For Lease Term . Landlord leases the Property to Tenant and Tenant leases the Property from Landlord for the Lease Term. The Lease Term is for the period stated in Section 1.04 above and shall begin and end on the dates specified in Section 1.04 above, unless the beginning or end of the Lease Term is changed under any provision of this Lease. The "Commencement Date" shall be the date specified in Section 1.04 above for the beginning of the Lease Term, unless advanced or delayed under any provision of this Lease.

 

Section 2.02.       Right to Extend Lease Term. Tenant shall have the right to extend the Lease Term, on the terms and provisions set forth in this Lease, for an additional five (5)-year period ("First Extended Term") following expiration of the Initial Lease Term by giving written notice of exercise to Landlord at least one hundred eighty (180) days prior to the expiration of the Initial Lease Term. Tenant shall have the right to extend the Lease Term, on the terms and provisions set forth in this Lease, for an additional five (5)-year period ("Second Extended Term") following expiration of the First Extended Term by giving written notice of exercise to Landlord at least one hundred eighty (180) days prior to the expiration of the First Extended Term. The Base Rent during any such Extended Terms shall be subject to increase as set forth in Section 3.03.

 

Section 2.03.       Delivery of Property . Landlord shall deliver possession of the Property to Tenant in the condition specified in Section 6.01 on or before July 31, 1995, and after having provided Tenant with a written Notice setting forth the anticipated date of delivery at least thirty (30) days before such anticipated delivery date. The date that Landlord so delivers possession of the Property and Tenant accepts possession, shall hereinafter be referred to as the "Delivery Date". Within ten (10) days after such Delivery Date, Landlord shall send a written notice to Tenant memorializing the Delivery Date, Commencement Date, and the Rent Commencement Date and if Tenant does not object to such dates set forth in Landlord's notice within ten (10) calendar days of receipt thereof, then such dates shall be deemed correct and such notice shall be attached to this Lease and be incorporated herein. Landlord's failure to so deliver possession of the Property shall constitute a material breach of this Lease, and Tenant shall, without prejudice to any of Tenant's other rights or remedies, have the right to terminate this Lease upon written notice by Tenant to Landlord. If Tenant terminates this Lease pursuant to this Section, Landlord shall immediately return to Tenant all prepaid rent, security deposits and other sums paid by Tenant to Landlord.

 

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The Gardens Center, Hawaiian Gardens, CA

 

Section 2.04.       Holding Over . IfTenant does not vacate the Property upon the expiration or earlier termination of the Lease and Landlord thereafter accepts rent from Tenant, Tenant's occupancy of the Property shall be a "month-to-month" tenancy, subject to all of the terms of this Lease applicable to a month-to-month tenancy.

 

Section 2.05.       Contingency Period . Tenant shall have a period of time following the execution of this Lease and ending 30 days thereafter to satisfy itself that the Property is satisfactory for Tenant's intended use (the "Contingency Period"). The date of expiration of the Contingency Period is referred to in this Lease as the "Contingency Period Expiration Date." If Tenant discovers that the Property is unsatisfactory for Tenant's intended use for any reason, including, without limitation, the Property's noncompliance with applicable ordinances or parking requirements, then Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord at any time prior to the Contingency Period Expiration Date. Upon Tenant giving notice of termination, Landlord and Tenant shall be released from their obligations under this Lease except that landlord shall immediately return to Tenant all Prepaid Rent and other sums paid by Tenant hereunder. During the Contingency Period, Tenant shall have the right to enter upon and inspect the Property at all reasonable times and to conduct, at Tenant's expense, any studies, tests, investigations or assessments as Tenant deems necessary or appropriate. Tenant shall periodically communicate with Landlord as to the progress of the investigations in connection with this Contingency Period and any material findings in such regards. Tenant shall provide copies, within a reasonable time after Landlord's request therefore, of any formal written reports prepared for Tenant by licensed professionals, such as structural engineers or environmental experts, in connection with such Contingency Period.

 

ARTICLE THREE:

BASE RENT

 

Section 3.01       Time and Manner of Payment. Beginning on the Rent Commencement Date (as defined below) and the first day of each calendar month thereafter, Tenant shall pay Landlord the Base Rent, in advance. The Base Rent shall be payable at Landlord's address or at such other place as Landlord may designate in writing. The Prepaid Base Rent shall be applied to and be considered payment for the Base Rent payable for the first full month immediately following the Rent Commencement Date. Base Rent for any partial month shall be prorated based on the actual number of days in the calendar month involved.

 

Section 3.02       Rent Commencement Date. For purposes of this Lease, the "Rent Commencement Date" shall be Ninety (90) days after the Delivery Date.

 

Section 3.03       Base Rent Increases.

(a)      The Base Rent shall be increased on February 1, 2002 and February 1, 2007 ("Rent Adjustment Dates"). The Base Rent shall be increased on each Rent Adjustment Date during the Initial Lease Term (or any extension thereof, if applicable) in accordance with the increase in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers for the United States (base year 1982-84 = 100) (the "Index") as follows. The Base Rent (for purposes of this Section 3.03(a), the "Comparison Base Rent") in effect immediately before each Rent Adjustment Date shall be increased by the percentage that the Index has increased from the date (for purposes of this Section 3.03(a), the "Comparison Date") on which payment of the Comparison Base Rent began through the month in which the applicable Rent Adjustment Date occurs; provided, however, in no event shall the monthly Base Rent during the First Extended Term be less than one hundred and twenty one percent (121%) nor greater than one hundred and thirty five percent (135%) of the monthly Base Rent during the Initial Lease Term, and in no event shall the monthly Base Rent during the Second Extended Term be less than one hundred and fifteen percent (115%) nor greater than one hundred and twenty five percent (125%) of the monthly Base Rent during the First Extended Term.

 

(b)      General CPI Provisions. Landlord shall notify Tenant of each increase by a written statement which shall include the Index for the applicable Comparison Date, the Index for the applicable Rent Adjustment Date, the percentage increase between those two Indices, and the new Base Rent. Tenant shall pay the new Base Rent from the applicable Rent Adjustment Date until the next Rent Adjustment Date. Landlord's notice of increase may be given after the applicable Rent Adjustment Date, and Tenant shall pay Landlord the accrued rental adjustment for the time elapsed between the effective date of the increase and Landlord's notice of such increase at the same time as the next Base Rent payment to Landlord is due. If the format or components of the Index are materially changed after the Commencement Date, Landlord shall substitute an index which is published by the Bureau of Labor Statistics or similar agency and which is most nearly equivalent to the Index in effect on the Commencement Date. The substitute index shall be used to calculate the increase in the Base Rent unless Tenant objects to such index in writing. If Tenant objects, Landlord and Tenant shall submit the selection of the substitute index for binding arbitration in accordance with the rules and regulations of the American Arbitration Association at its office closest to the Property. The costs of arbitration shall be borne equally by Landlord and Tenant.

 

Section 3.04.      N/A

 

Section 3.05       Termination; Advance Payments. Upon termination of this Lease under Article Seven (Damage or Destruction), Article Eight (Condemnation) or any other termination not resulting from Tenant's default, and after Tenant has vacated the Property in the manner required by this Lease, Landlord shall immediately refund or credit to Tenant (or Tenant's successor) the unused portion of the Security Deposit, any advance rent or other advance payments made by Tenant to Landlord, and any amounts paid for Operating Expenses or otherwise which apply to any time periods after the effective date of the termination of the Lease.

 

Section 3.06.       Work Letter. The work letter (the "Work Letter") attached to this Lease as Exhibit "B" sets forth certain work and improvements anticipated to be constructed by Tenant with respect to the Property prior to Tenant's opening for business ("Tenant's Work"). Tenant shall pay for the cost of constructing Tenant's Work. Following the execution of this Lease, Tenant shall have the right to enter upon the Property for the purpose of constructing Tenant's Work; provided, however, that prior to such entry, Tenant shall have obtained the policies of insurance required to be obtained by Tenant under Section 4.04 hereof and also providing that the Property is vacant at such time. For the purposes of Section 6.05, Tenant's Work is hereby approved. Tenant's entry upon the Property pursuant to this paragraph shall not advance the Commencement Date of this Lease. The Work Letter also sets forth certain work to be performed by Landlord ("Landlord's Work") at Landlords sole cost and expense. Landlord's Work and Tenant's Work shall be completed within the time frames specified in the Work Letter. Landlord and Tenant hereby agree to cooperate (including providing sufficient advance notice) with each other with respect to their respective work as set forth in this Section 3.06, so as not to unreasonably interfere with the other party's work and business operations.

 

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The Gardens Center, Hawaiian Gardens, CA

 

ARTICLE FOUR:

OTHER CHARGES PAYABLE BY LANDLORD AND TENANT

 

Section 4.01       Additional Rent. All charges payable by Tenant other than Base Rent are called "Additional Rent." Unless this Lease provides otherwise, Tenant shall pay all Additional Rent then due with the next monthly installment of Base Rent. The term "rent" shall mean Base Rent and Additional Rent.

 

Section 4.02       Property Taxes.

(a)       Real Property Taxes. Landlord is responsible for the payment of all real property taxes on the Property (excluding any fees, taxes or assessments against, or as a result of, any tenant improvements installed on the Property by Tenant).

(b)       Definition of "Real Property Tax." "Real property tax" means: (i) any fee, license fee, license tax, business license fee, commercial rental tax, or other tax imposed by any taxing authority against the Property (however not including those specifically against Tenant's business); and (ii) any tax or charge for fire protection, streets, sidewalks, road maintenance, refuse or other services provided to the Property by any governmental agency.

(c)       Personal Property Taxes.

(i)      Tenant shall pay all taxes charged against trade fixtures, furnishings, equipment or any other personal property belonging to Tenant. Tenant shall try to have personal property taxed separately from the Property.

(ii)     If any of Tenant's personal property is taxed with the Property, Tenant shall pay Landlord the taxes for the personal property within fifteen (15) days after Tenant receives a written statement from Landlord for such personal property taxes.

 

Section 4.03.       Utilities. Tenant shall pay, directly to the appropriate supplier, the cost of all natural gas, heat, light, power, sewer service, telephone, water, refuse disposal and other utilities and services supplied to the Property. However, if any services or utilities are jointly metered with other parties, Tenant shall pay its reasonable share thereof to Landlord within fifteen (15) days after receipt of Landlord's written invoice therefore and such other supporting documentation as Tenant may reasonably request.

 

Section 4.04 .      Insurance Policies.

(a)       Liability Insurance . During the Lease Term, Tenant shall maintain, at Tenant's sole cost and expense, a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the operation, use or occupancy of the Property. Tenant shall name Landlord as an additional insured under such policy. The initial amount of such insurance shall be One Million Dollars ($1,000,000.00) per occurrence and shall be subject to periodic adjustment based upon inflation, liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Section 4.04(a) shall (i) be primary and non-contributing; (ii) contain cross- liability endorsements; and (iii) insure Landlord against Tenant's lack of performance under Section 5.04. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease.

(b)       Property Insurance. During the Lease Term, Landlord shall maintain, at Landlord's sole cost and expense, policies of insurance covering loss of or damage to the Property in the full amount of its replacement value. Such policy shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain flood and earthquake insurance if required by any lender holding a security interest in the Property. Landlord shall not obtain insurance for Tenant's fixtures or equipment or building improvements installed by Tenant on the Property. Tenant shall not do or permit anything to be done which invalidates any such insurance policies.

(c)       Payment of Premiums. Upon Landlord's request, Tenant shall deliver to Landlord a copy of any policy of insurance which Tenant is required to maintain under this Section 4.04. At least thirty (30) days prior to the expiration of any such policy, Tenant shall deliver to Landlord a renewal of such policy. As an alternative to providing a policy of insurance, Tenant shall have the right to provide Landlord a certificate of insurance, executed by an authorized officer of the insurance company, showing that the insurance which Tenant is required to maintain under this Section 4.04 is in full force and effect and containing such other information which Landlord reasonably requires.

(d)       General Insurance Provisions.

(i)      Any insurance which Tenant is required to maintain under this Lease shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days' written notice prior to any cancellation or modification of such coverage.

(ii)     If Tenant fails to deliver any policy, certificate or renewal to Landlord required under this Lease within thirty (30) days following written request from Landlord for such evidence of insurance, Landlord may obtain such insurance, in which case Landlord shall immediately notify Tenant and Tenant shall reimburse Landlord for the cost of such insurance within fifteen (15) days after receipt of a statement that indicates the cost of such insurance.

(iii)     Tenant shall maintain all insurance required under this Lease with companies holding a "General Policy Rating" of B+ or better, as set forth in the most current issue of "Best Key Rating Guide". Landlord and Tenant acknowledge the insurance markets are rapidly changing and that insurance in the form and amounts described in this Section 4.04 may not be available in the future. Tenant acknowledges that the insurance described in this Section 4.04 is for the primary benefit of Landlord. If at any time during the Lease Term, Tenant is unable to maintain the insurance required under the Lease, Tenant shall nevertheless maintain insurance coverage which is customary and commercially reasonable in the insurance industry for Tenant's type of business, as that coverage may change from time to time.

 

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(iv)     Unless prohibited under any applicable insurance policies maintained, Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, if such loss or damage is covered by any insurance policy in force (whether or not described in this Lease) at the time of such loss or damage. Upon obtaining the required policies of insurance, Landlord and Tenant shall give notice to the insurance carriers of this mutual waiver of subrogation.

 

Section 4.05.       Common Areas; Use, Maintenance and Costs.

(a)       Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Shopping Center which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, lobby areas, elevators, corridors, landscaping and planted areas as depicted on Exhibit "A." Landlord shall not change the size, location, nature and use of any of the Common Areas, including vehicle parking spaces, convert Common Areas into leasable areas, or decrease Common Area land and/or facilities, without Tenant's prior written consent, which shall not be unreasonably withheld. No activities or changes are permitted to the Common Areas if they would materially affect Tenant's use of the Property. Tenant may withhold its consent, in its sole and absolute discretion, to any changes to the common area which would reduce the amount of parking available to Tenant's customers, decrease visibility or access to the Property, or reduce the effectiveness of Tenant's signage.

(b)       Use of Common Areas. Tenant shall have the nonexclusive right (in common with other tenants) to use the Common Areas for the purposes intended at no additional cost to Tenant, subject to such reasonable rules and regulations as Landlord may establish from time to time. Tenant shall abide by such rules and regulations and shall use its best efforts to cause others who use the Common Areas with Tenant's express or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may temporarily close any Common Areas to perform any acts in the Common Areas as, in Landlord's judgment, are necessary to improve the Shopping Center; provided that Landlord gives Tenant appropriate prior written notice and Landlord takes all reasonable actions to avoid so doing during the months of November and December. Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the Common Areas.

(c)       Vehicle Parking. Tenant and its invitee and customers shall be entitled to the nonexclusive use of all vehicle parking spaces in the Shopping Center for non-reserved parking without the payment of any additional rent by Tenant or charge to Tenant or its invitees or customers. All such vehicle parking spaces shall be available only for customers of tenants of the shopping center, other tenants of the Shopping Center and their employees shall not be permitted to use any of the vehicle parking spaces. Handicapped spaces shall only be used by those legally permitted to use them.

(d)       Maintenance of Common Areas. Landlord shall maintain and operate the Common Areas safely and in good order, condition and repair, all at Landlord's sole cost and expense. Landlord's maintenance of the Common Areas shall include, but not be limited to, the timely and first quality performance of the following: Sweeping, trash removal, graffiti removal, deterring loitering and panhandling, landscape planting and maintenance, asphalt maintenance, security, painting exterior of structures, lighting, traffic and parking control, and all other things normally done in the maintenance or operation of a first class shopping center.

(e)       Loading. Tenant shall be permitted, at all times, to use portions of the Common Areas, labeled and depicted as "Tenant's Loading Areas" on Exhibit "A", as necessary, for making deliveries of merchandise, storing shopping carts, operating vending machines and otherwise as necessary for the smooth and ordinary operation of its business. Subject to the provisions of Section 6.05, as they apply to alterations, additions, and improvements of the Property, Tenant may change Tenant's Loading Areas to facilitate Tenant's receipt of merchandise and/or the storage/use of shopping carts, provided that Tenant obtains Landlord's prior written consent, which shall not be unreasonably withheld.

 

ARTICLE FIVE:

USE OF PROPERTY

 

Section 5.01.       Permitted Uses. Tenant may use the Property only for the purpose of conducting a general retail store (including, without limitation, beer and wine sales for off-site consumption and all other merchandise generally sold at Tenant's other locations), for business offices in connection therewith and such other uses related or incidental thereto, consistent with all laws, federal, state or local, and with any applicable regulation of any government body and for no other purpose during the term of the Lease. Landlord agrees to fully cooperate with Tenant in obtaining any desired permits from governmental agencies or approvals from other tenants of the Shopping Center concerning Tenant's use of the Property permitted or desired under this Lease, including, without limitation, a beer and wine sales permit for off-site consumption. Landlord shall indemnify and defend Tenant against any and all claims asserted by third parties claiming that Tenant's use infringes any rights to exclusivity which such third party may have in the Shopping Center. Tenant may use the Property for other purposes with Landlords written consent which shall not be unreasonably withheld. Nothing in this Article shall be construed as a covenant by Tenant of continuous operations. Landlord represents and warrants to Tenant that Tenant may transfer its beer and wine license for its existing business at 12226 Carson Street, Hawaiian Gardens without violating laws of the City of Hawaiian Gardens or any entity associated therewith. Notwithstanding the prior sentence, Tenant shall not sell any alcoholic beverages unless permitted to do so by the California Department of Alcoholic Beverage Control, or such other party which may have jurisdiction thereon.

 

Section 5.02.       Manner of Use. Tenant shall not cause or permit the Property to be used in any way which constitutes a violation of any law, ordinance, or governmental regulation or order, which annoys or interferes with the rights of tenants of the Shopping Center, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant's occupancy of the Property and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property. Notwithstanding any other provision of this Lease, if at any time during the Lease Term either the Property or the Shopping Center is not in conformity with any present or future law or regulation relating to the use, occupation or reconstruction thereof (including, without limitation, the Americans with Disabilities Act, earthquake safety codes, fire sprinkler codes, and laws governing the presence of regulated or hazardous substances (such as asbestos) incorporated into the Property (which were not placed there by Tenant)) or is subject to any order of any governmental agency ordering any rebuilding, alteration or repair thereof, Landlord shall immediately at its own cost and expense, and without any right of reimbursement from Tenant (unless the work is required because of Tenant's particular use of the Property or the Lease has been terminated under any provision of this Lease), effect such alterations and repairs to the Property or the Shopping Center as may be necessary to comply with such laws, regulations, orders or requirements. All such alterations and repairs, if made to the Property, shall be made in accordance with the plans and specifications approved in writing by Tenant.

 

99 ¢ Only Stores® #46

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The Gardens Center, Hawaiian Gardens, CA

 

Section 5.03       Signs. Tenant shall have the right to place such signs on the exterior of the Property as Tenant may desire; provided that such signs comply with applicable laws. Tenant shall have the right to use and modify any sign area used by any prior tenant of the Property, whether such sign area is located on the Property, within the Common Areas, or elsewhere in the Shopping Center. Tenant shall also have the right to modify existing monument signage or add additional monument signage in the Common Area or elsewhere in the Shopping Center, subject only to applicable governmental approvals and any existing written obligations of Landlord to existing tenants of the Shopping Center. Landlord represents to Tenant that Landlord has disclosed to Tenant in writing the relevant details of all such obligations. Landlord shall use its best efforts to obtain any required approvals from the other tenants of the Shopping Center and applicable governmental agencies in connection with any signs desired to be installed by Tenant. For a period of time 60 days following the end of the Lease term, Tenant shall be permitted to place two signs not to exceed 24 inches by 36 inches in size, in prominent places visible from the exterior of the premises informing the public of Tenant's relocation and other similar information. Landlord shall cooperate with Tenant to obtain the best possible signage in Tenant's judgement. Landlord shall seek the cooperation of the City of Hawaiian Gardens and any entity affiliated therewith to obtain Tenant's maximum desired signage.

 

Section 5.04.       Indemnity. Except for losses, damages and claims arising out of the acts or omissions of Landlord or Landlord's agents, contractors and employees, Tenant shall indemnify Landlord against and hold Landlord harmless from any and all costs, claims or liability arising from: (a) Tenant's use of the Property; (b) the conduct of Tenant's business or anything else done or permitted by Tenant to be done in or about the Property, (c) any breach or default in the performance of Tenant's obligations under this Lease; or (d) any misrepresentation or breach of warranty by Tenant under this Lease. Tenant shall defend Landlord against any such cost, claim or liability at Tenant's expense with counsel reasonably acceptable to Landlord.

 

Section 5.05.       Landlord's Access. Landlord or its agents may enter the Property at reasonable times to inspect the Property; or for any other purpose Landlord deems reasonably necessary. Landlord shall give Tenant prior notice of such entry, except in the case of an emergency.

 

Section 5.06.       Quiet Possession. So long as Tenant is not in default under this Lease, Tenant may occupy and enjoy the Property for the full Lease Term, subject to the provisions of this Lease.

 

ARTICLE SIX:

CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS

Section 6.01.       Condition of Property. Landlord shall deliver the Property to Tenant in a clean and good condition and with Landlord's Work as set forth in Section 3.06 and Exhibit "B" complete on the Commencement Date. Landlord warrants to Tenant to the best of Landlord's actual knowledge and without any special inquiry or investigation, that the Property, in the state existing on the Commencement Date, but without regard to alterations or improvements made by Tenant or the use for which Tenant will occupy the Property, does not violate any covenants or restrictions of record, or any applicable building or other code, regulation or ordinance in effect on the Commencement Date. In the event it is determined that any of the foregoing covenants or warranties have been violated, then it shall be the obligation of Landlord, after written notice from Tenant, to promptly, at Landlord's sole cost and expense, rectify any such violation.

 

Section 6.02.       Exemption of Landlord from Liability. Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares or property of Tenant, Tenant's employees, invitee, clients, customers or any other person in or about the Property, whether such damage or injury is caused by or results from: (a) theft, fire, steam, electricity, water, gas or rain, (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause, (c) conditions arising in or about the Property or upon other porti


 
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