2019/04/03 Ueber Haun I, LLC Menifee PD Site (3)COMMERCIAL LEASE
THIS LEASE is made and entered into this fuMday of ftn..1|.20l9 by and between
UEBER HAUN I, LLC, a California limited liability company, as LANDLORD, and CITY OF
MENIFEE, as TENANT, hereinafter respectively referred to as LANDLORD and TENANT,
without regard to number or gender.
WITNESSNETH
I . USE. Landlord hereby Leases to Tenant, and Tenant hereby hires from Landlord,
for the purpose of locating its Police Department and related municipal facilities for the City of
Menifee, those certain premises with appurtenances described as hereinafter set forth.
2. EBE!1!I$E. The premises leased to Tenant, together with appurtenances
(hereinafter refened to as the " premises" or the "demised premises") are that certain 1.28 acres
of unimproved real property situated in the City of Menifee, County of Riverside, State of
California commonly known as Assessor's Parcel Number 336380060. adjacent to the current City
of Menifee City Hall (which is the intended site for the Menifee Police Department ("Menifee PD
Site")), and more particularly described in &Iibj!_-!, to this Lease, attached hereto and
incorporated herein by reference. As ofthe date of commencement ofthe term of this lease, the
premises shall comply with any and all applicable local, state and federal laws and regulations.
3. TERM. The term of this Lease shall be for a period of FIVE (5) yea(s). The term
hereofshall commence as ofthe effective date as evidenced by Tenant's City Manager's signature
on f,xhibit "8".
Attached hereto and made a part hereof is a Commencement of Lease form containing
blanks for the date of commencement and of expiration of the term. Landlord and Tenant agree
that when the commencement and expiration dates of the term of the Lease are established as
provided herein, they will complete and execute said Commencement ofLease form to reflect such
dates.
A. ' Guarante€d Maximum M ." Tenant shall pay to Landlord
as monthly rental for the demised premises a sum of four thousand nine hundred dollars
v ($4.900.00) per month, which sum shall be paid in advance on the first day ofeach calendar month
throughout the term(s) of lhis Lease. Said rental shall commence upon the commencement ofthe
term of the Lease as set fofih in Article 3 hereof. In the event that the term of this Lease
commences upon any day other than the first day of a calendar month, rental for the fractional
month during which the Lease term commences shall be prorated on a per diem basis (calculated
on the basis of a thirty (30) day month), and paid at the commencement of the Lease term. All
rental to be paid by Tenant to Landlord shall be in lawful money ofthe United States of America
and shall be paid without deduction or offset except as otherwise provided herein, prior notice or
demand, and at such place or places as may be designated from time to time by Landlord. Any
rental paid by check is to be made payable to UEBER HAUN I, LLC.
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4. RENT.
5. re. To the extent applicable, Landlord shall pay all real property taxes and
general assessments attributable to the Leased Premises only levied and assessed against the
premises during the terms ofthe Lease, or any later term, contemplated under this Lease. Except
as provided in Section l3 ofthis Lease, under no circumstances shall Tenant be responsible to pay
any taxes applicable to the Leased Premises.
6. USES PROHIBITED- Tenant shall not use , or permit said premises, or any part
thereof, to be used for any purposes or purposes other than the purpose or purposes for which said
premises are hereby leased; Tenant shall, at its sole cost, comply with any and all requirements
pertaining to the use ofsaid premises, ofany insurance organization or company necessary for the
maintenance of reasonable fire and public liability insurance, covering said premises and
appurtenances.
7. ALTERATIONS. Before commencing any work relating to the alterations,
additions or improvements aflecting the premises, Tenant shall notify in writing ofthe expected
date of the commencement of such work so that Landlord can post and record the appropriate
notices of non-responsibility to protect Landlord from any mechanics liens, material man liens or
other liens.
8. MAINTENANCE AND REPAIR. For as lon g as this Lease is effective, Tenant
shall keep the premises in good, order, condition, and repair.
9. COMPLIANCE WITH LAWS. Tenant and Landlord each shall, at its sole cost
and expense, comply with all the requirements ofall municipal, state, and federal authorities now
in force or which may hereafter be enforced pertaining to the use of said premises, and shall
faithfully observe in said use ail municipal ordinances and state and federal statutes now in force
orwhich shall hereinafter be in force. Thejudgment ofany court of competent jurisdiction, orthe
admission ofeither Landlord or Tenant in any action or proceeding against one of them, whether
Landlord or Tenant be a party thereto or not, that either has violated any such ordinance or statute
in said use, shall be conclusive ofthat fact as between the Landlord and Tenant.
Tenant shall not commit, or suffer to be committed, any waste on the demised premises.
t0.MNIFI ATI N OF LAND -INSU . Tenant. as a material
part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims
against Landlord for damage to goods, wares and merchandise in, upon, or about said premises
and for injuries to persons in or about said premises. arising under this lease, and Tenant will hold
Landlord exempt and harmless from any damage or injury to any person, or the goods, wares, and
merchandise ofany person arising from the use ofthe premises by Tenant, or from the failure of
Tenant to keep the premises in good condition and repair. as herein provided, except as such shall
arise from the sole negligence or willful misconduct of Landlord.
During the term of this Lease, Tenant shall, at the Tenant's sole cost and expense, but for
the mutual benefit of Landlord and Tenant, maintain general public liability' insurance or self-
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B. After the first twelve months have transpired, the annual rent shall be
adjusted by an amount equal to the percentage change during the prior twelve months in the
applicable Consumer Price Index for Riverside County.
insurance against claims for personal injury, death or personal property damage occurring in. upon
or about the demised premises and on any sidewalks directly adjacent to the demised premises.
The limitation of liability of such insurance shall be not less than Two Million Dollars
(S2,000,000.00) in respect to each occurrence ofbodily injury or death and to the limitation ofnot
less than One Million Dollars ($1,000,000.00) in respect to property damage. All such policies of
insurance or self-insurance shall be issued in the name of Tenant, with a certificate naming
Landlord as additional insured evidencing such insurance shall be delivered to the Landlord at the
commencement ofthe Lease term and thereafter, within thirty (30) days prior to the expiration of
the term of each such policy, which shall provide that not less than ten (10) days written notice
shall be given to Landlord prior to the cancellation or modification ofeach such policy.
Tenant shall, throughout the entire term of this Lease, maintain in full force on all of its
fixtures, equipment and merchandise which may be from time to time located in the demised
premises, a policy or policies of fire insurance with a standard form extended coverage
endorsement to the extent ofat least eighty percent (80%) oftheir full insurable value. As long as
this Lease is in effect, the proceeds ofany such policy shall be used for the repair or replacement
of said fixtures, equipment and merchandise. and certificates evidencing such insurance shall be
delivered to Landlord by Tenant promptly upon the commencement ofthe term ofthis Lease. and
thereafter, within thirty (30) days prior to the expiration of the terms of each such policy. Any
such policy of insurance shall contain an express waiver of any right of subrogation against
Landlord, provided that such waiver may be obtained without the payment of additional
consideration.
Landlord shall maintain fire and extended coverage insurance throughout the term of this
Lease with such endorsements and in such amounts as Landlord may from time to time deem
necessary covering the building upon the demised premises and common areas. Landlord shall
indemnify, defend and hold harmless Tenant, its officers, agents, employees and authorized
volunteers, from and against any and all damages, liabilities, claims, demands or costs (including
but not limited to attomeys' fees for counsel acceptable to Tenant) arising from Landlord's
performance or failure to perform its obligations hereunder as to the demised premises and
common areas.
I l. FREE FROM LIENS. Tenant shall keep the demised premises and the property
in which the demised premises are situated, free from any liens arising out ofany work performed,
material fumished, or obligation incurred by Tenant.
12. ABANDONMENT. Tenant shall not vacate nor abandon the demised premises at
any time during the term of this Lease, and if Tenant shall abandon, vacate or surrender the
demised premises or be dispossessed by process of law or otherwise, any personal property
belonging to Tenant and left on the demised premises shall be deemed to be abandoned, at the
option of Landlord, except such property as may be mortgaged to Landlord.
13. UTILITIES. Tenant shall make all arran gements and pay for all water, gas, heat,
light. power, telephone, and other utility services supplied to the premises together with any taxes
thereon and forall connection charges necessary for Tenant's use ofthe premises. Ifany such
services are not separately metered to the premises, Tenant shall pay a reasonable proportion ofall
charges imposed on the jointly metered properties, as reasonably determined by Landlord. lf
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utilities are not separately metered. when providing Tenant with its proposed share ofthe jointly
metered utility charges, Landlord shall also provide Tenant with enough information so that Tenant
may verify the proportional amount was correct, ln the event there is a dispute as to the payment
of the fees contemplated in this Section 13, the parties shall attempt to reach a reasonable
agreement.
14. ENTRY AND INSPECTION. Tenant shall permit Landlord and its agents to
enter into and upon the demised premises with a prior seventy-two (72) hour notice, unless due to
an emergency for the purpose ofinspecting the same or for the purpose of maintaining the building
in which said premises are situated, or for the purpose of making repairs, alterations or additions
to any other portion of said building, including the erection and maintenance ofsuch scaffolding.
canopy fences and props as may be required, or for the purpose ofposting notices ofnon-liability
for alterations, additions. or repairs. or (if Landlord has complied with the provisions herein
providing for Tenant's option to purchase the premises) for the purpose of placing upon the
property in which the premises are located any usual or ordinary "For Sale" signs. Landlord shall
be permitted to do any ofthe above without any rebate of rent and without any liability to Tenant
for any loss of occupation or quiet enjoyment of the premises thereby occasioned. Tenant shall
permit Landlord, at any time within thirty (30) days prior to the expiration of this Lease, to place
upon said premises any usual or ordinary "For Lease" signs and during such thirty (30) days
period. Landlord or its agents may, during normal business hours, enter upon said premises and
exhibit same to prospective Tenants. Notwithstanding anlthing to the contrary in this Lease,
Landlord may not utilize its rights ofentry and inspection to access any secure area ofthe police
station to be operated from the premises, without first obtaining the prior written consent ofthe
Police Chief of the City of Menifee; provided, however, that the Police Chief shall take such
reasonable steps as are necessary and appropriate to provide such access to Landlord while
simultaneously protecting public health, safety, and welfare.
15. DAMACE AND DESTRUCTION OF PREMISES. In the event of (a) a partial
destruction of the premises or any building upon the same during the term, or (b) said building
being declared unsafe or unfit for occupancy by any authorized public authority for any reason
other than Tenant's act, use or occupation, which declaration requires repairs to either said
premises or said building (together "Non-Tenant-Caused Property Defect"), Tenant may, in its
sole and absolute discretion either, (i) terminate this lease at any time during the Non-Tenant
Caused Property Defect, or (ii) elect to suspend payments under this Lease until such time as the
Non-Tenant-Caused Property Defect is resolved, at which time payments under this Lease shall
resume (without any obligation to make any payments for the period during the Non-Tenant-
Caused Property Defect.
16. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any
interest therein, and shall not sublet the demised premises or any part thereof, or any right or
privilege appurtenant thereto, or permit any other person (the agents and servants of Tenant
excepted) to occupy or use the demised premises, or any portion thereof, without first obtaining
the written consent of Landlord. Consent by Landlord to one assignment, subletting, occupation
or use by another person shall not be deemed to be consent to any subsequent assignment,
subletting, occupation or use by another person. Consent to an assignment or subletting shall not
release the original named Tenant from liability for the continued performance ofthe terms and
provisions on the part of Tenant to be kept and performed. unless Landlord specifically and in
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writing releases the original named Tenant from said liability. Any assignment or subletting
without the prior written consent of Landlord shall be void and shall, at the option of Landlord,
terminate this Lease. This Lease shall not, nor shall any interest therein, be assigned, as to the
interest of Tenant, by operation of law, without the prior written consent of Landlord.
Landlord agrees not to withhold its consent to any proposed assignment unreasonably,
provided that such assignment is to a solvent party having a financial strength and business
experience equal to or greater than that of Tenant, as determined by Landlord, and provided that
the assignee agrees in writing to assume the obligations of the Tenant pursuant to this Lease in a
form satisfactory to Landlord. Landlord may condition any such consent upon the payment ofall
reasonable costs and attomeys' fees incurred by Landlord in connection with any such assignment.
17. DEFAULT. ln the event of an y breach of this Lease by Landlord, Tenant shall
notify Landlord in writing ofsuch breach, and Landlord shall have three (3) days in which to cure
any such breach. [fLandlord shall failto cure such breach or default within such time limit, then
Tenant, besides other rights or remedies Tenant may have, subject to the provisions of law
applicable to public agencies, shall have the immediate right to terminate the Leas€
ln the event ofany breach ofthis Lease by Tenant, Landlord shall notify Tenant in writing ofsuch
breach, and Tenant shall have seven (7) days in which to cure any such breach as to payments of
rent or other sums due hereunder, and thirty (30) days to cure any other breach, and ifTenant shall
fail to cure such breach or default within such time limit, then Landlord, besides other rights or
remedies Landlord may have subject to the provisions of law applicable to public agencies, shall
have the immediate right to:
A. Immediately terminate Tenant's right to possession of the premises, and
repossess the same by summary proceedings or other appropriate action, and Landlord shall
thereupon be entitled to receive from Tenant all damages specified in Califomia Civil Code
Section l95l .2(a), including. without limitation, the right to receive the worth, at the time
ofthe award, ofthe amount by which the unpaid rent for the balance ofthe term after the
time ofaward exceeds the amount ofsuch rental loss for the same period that Tenant proves
could be reasonably avoided; all of which damages to the extent specific in
Section 195 I .2(a) shall be computed by allowing interest at the maximum rate permitted
by law; or
B. Continue this Lease in effect without terminating Tenants right to
possession even though Tenant has breached this Lease and abandoned the premises; and
to enforce all ofthe Landlord's rights and remedies under this Lease, including the right to
recover the rent as it becomes due underthis Lease; provided, however, that Landlord may
at any time thereafter elect to terminate this Lease for such previous breach by notifying
Tenant in writing that Tenant's right to possession ofthe premises has been terminated.
In the event that upon a termination ofTenant's right ofpossession or upon the termination
or expiration of this Lease, Tenant fails to remove from the premises any of Tenant's property
located thereon, which Tenant is entitled or required to remove pursuant to the terms of this Lease.
Landlord shall not be responsible for the care or safekeeping thereof and may remove any of the
same from the demised premises and place the same in storage in a public warehouse at the cost,
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expense and risk ofTenant with authority to the warehouseman to sell the same in the event that
Tenant shall fail to pay the cost of transportation and storage, all in accordance with the rules and
regulations applicable to the operation of a public warehouseman's business. Any refusal by
public warehouseman to accept personal property located in the demised premises upon such
conditions shall be an unconditional warrant to Landlord for disposing ofthe same in any manner
Landlord may see fit. and without accountability for any alleged value thereof.
No waiver of any breach of any of the terms, covenants, agreements. restrictions or
conditions ofthis Lease shall be construed as a waiver ofany succeeding breach of the same or
other covenants, agreements, restrictions and conditions thereof.
Landlord shall take all necessary action to mitigate damages in the event of a defhult by
Tenant.
18. SURRENDER OF PREMISES BY TENANT. The volunta ry or other surrender
of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the
option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option
of Landlord, operate as an assignment to it of any or all of such subleases or subtenancies.
19. SALE OF PREMISES BY LANDLORD. In the event of any sale of the demised
premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability
under any and all of its covenants and obligations contained in or derived from this Lease arising
out of any act, occurrence. or omission occurring after the consummation of such sale; and the
purchaser, at such sale or any subsequent sale of the demised premises shall be deemed, without
any further agreement between the parties or their successors in interest or between the parties and
any such purchaser. to have assumed and agreed to carry out any and all of the covenants and
obligations ofthe Landlord under this Lease.
20. TENANT'S RIGHT OF FIRST REFUSAL. At any time(s) that Landlord,
during the lease term or any extension/renewal thereot elects to sell the demised premises
separately or as part ofa large parcel, Tenant shall have the right offirst refusal to meet any such
offer of sale on the same terms and conditions as such offer. If Tenant does not meet such offer
within 60 days after written notice thereof from Landlord (which notice shall include full and
complete copies of all offer documents and shall give Tenant time 1o acquire any appraisal as
required by law) Landlord may sell the demised premises to such third person in accordance with
the terms and conditions ofthe offer.
21. ATTORNEY'S FEES. In the cvent either pany finds it necessary to retain an
attomey in connection with the default by the other in any of the agreements or covenants
contained in this Lease, the defaulting party shall pay reasonable attorney fees to said attorney,
ln the event of any litigation regarding this Lease, the losing party shall pay to the
prevailing party reasonable attorney fees.
22. LANDLORD PAYING CLAIMS. Should Tenant fail to pay and discharge, when
due and payable, any tax or assessment, or any premium or other charge in connection with any
insurance policy or policies which Tenant is obligated to pay, or any lien out of the repair,
alteration, maintenance and use of the demised premises, as provided for in this Lease, after ten
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(10) days written notice from Landlord, then Landlord may, at its option and without waiving or
releasing Tenant from any ofTenant's obligations hereunder, pay any such tax, assessment, lien,
claim, insurance premium or charge, or settle or discharge any action therefore or sat;sfy any
judgment thereon.
All costs, expenses and other sums incurred or paid by Landlord in connection therewith,
together with interest at the maximum rate permitted by law per annum on such costs expenses
and sums from the date incurred or paid by Landlord, shall be deemed to be additional rent
hereunder and shalI be paid by Tenant with and at the same time as the next installment of rent
hereunder, and any default therein shall constitute a breach ofthe covenants and conditions ofthis
Lease.
Should Landlord fail to pay and discharge, when due and payable, any tax or assessment.
or any premium or other charge in connection with any insurance policy or policies which
Landlord is obligated to pay. or any lien out ofthe repair. alteration, maintenance and use ofthe
demised premises, as provided for in this Lease, after ten (10) days written notice from Tenant,
then Tenant may, at its option and without waiving or releasing Landlord from any ofLandlord's
obligations hereunder, pay any such tax, assessment, lien, claim, insurance premium or charge, or
settle or discharge any action therefore or satisfy any judgment thereon,
All costs, expenses and other sums incurred or paid by Tenant in connection therewith,
together with interest at the maximum rate permitted by law per annum on such costs expenses
and sums from the date incurred or paid by Tenant, shall be deemed to be additional rent hereunder
and shall be credited to Tenant with and at the same time as the next installment ofrent hereunder.
and any default therein shall constitute a breach olthe covenants and conditions of this Lease.
23. SUCCESSORS IN INTEREST. The covenants herein contained shall , subject to
the provisions as to assignment. apply to and bind the heirs, successors, executors, administrators
and assigns of the parties hereto; and all of the parties hereto shall be jointly and severally liable
hereunder.
24. NO CONTINUING WAIVER No waiver ofany term ofcondition of this Lease
shall be a continuing waiver thereof.
25. FORCE MA.lEllRE. If'either par-ty hereto shallbe delayed or prevented from the
performance ofany act required hereunder by reason olacts ofGod, strikes, lockouts, inability to
procure materials, restrictive governmental laws or regulations or other cause without fault and
beyond the control of the party obligated (financial inability excepted), performance ofsuch act
shall be excused for a period ofthe delay and the period for the performance ofany such act shall
be extended for a period equivalent to the period ofsuch delay; provided, however, that assuming
Landlord's continued performance hereunder nothing in this Article 27 contained shall excuse
Tenant from the prompt payment ofany rental or other charge required ofTenant hereunder except
as may be expressly provided elsewhere in this Lease.
26. PARTIAL INVALIDITY. If an y term, covenant. corrdition or provision of this
Lease is held by a court of competent .lurisdiction to be invalid, void or unenforceable, the
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remainder of the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereof.
27 . MARGINAL CAPTIONS. The various headings and numbers herein and the
groupings olthe provisions ofthis Lease into separate Articles and paragraphs are for the purpose
ofconvenience only and shall not be considered a part hereof.
28. TIME. Time is of the essence of this [-ease.
29. SUBORD INATION. U pon the signing ofthis Lease, Tenant agrees to subordinate
his,/her right hereunder to the lien ofany first mortgage or first deed oftrust to any bank. insurance
company, pension fund or any other lending institutionJ now or hereafter in force against the land
and building of which the demised premises are a part, and upon any buildings hereafter placed
upon the land of which the demised premises are a part. and to all advances made or hereafter to
be made upon the security thereof.
In the event any proceedings are brought for foreclosure, or in the event ofthe exercise of
the power ofsale under any mortgage or deed oftrust made by the Landlord covering the demised
premises, in the event that Tenant does not exercise its option to purchase the property the Tenant
shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the
Landlord under this Lease.
The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not
in default hereunder. this Lease shall remain in full force and effect for the full term hereof.
30. OFFSET S ATFI,MENT. Within ten (10)days after request therefore by
Landlord, or in the event that upon any sale, assignment or hypothecation ofthe demised premlses
of the land thereunder by the Landlord, an offset statement shall be required from Tenant and
Tenant agrees to deliver, in recordable form, a certificate addressed to any such proposed
mortgagee or purchaser, or to the Landlord. certifying that this Lease is in full force and effect and
that the term of this Lease has commenced (if such be the case), that there are no differences or
offsets thereto (or stating those claimed by Tenant), and that Tenant knows of no defaults by
Landlord hereunder, (or stating any such defaults known by Tenant).
EXAMINATI N OF LEASE, Submission of this instrument for examination or
execution by Tenant does not constitute a reservation of or an option for Lease, and it is not
effective as a Lease or otherwise until execution and delivery by both Landlord and Tenant.
32.RELATIONSHIP OF P ARTIES. The relationsh i p ofthe parties hereto is that of
Landlord and Tenant, and it is expressly understood and agreed that Landlord does not. in any
way, nor for any purpose, become a partner in the conduct ofTenant's business or otherwise, or a
joint venture with Tenant, and the provisions ofthis Lease and agreements relating to rent payable
hereunder are included solely for the purpose of providing a method whereby rental payments are
to be measured and ascertained.
33. RIGHTSOFLENDERS Notwithstanding anything to the contrary in this Lease,
Landlord shall not be in default under any provision of this Lease unless written notice specifying
such default is mailed to Landlord and to all mortgagees and/or trust deed holders ofwhich Tenant
31.
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has, prior to such notices, been notified in writing. Tenant agrees that any such mortgagee or trust
deed holder shall have the right to cure such default on behalf of Landlord within thirty
(30) calendar days after receipt of such notice. Tenant further agrees not to invoke any of its
remedies under this Lease until said thirty (30) days have elapsed. or during any period that such
mortgagee or trust deed holder is proceeding to cure such default with due diligence, or is taking
steps with due diligence to obtain the legal right of entry as may be required to cure the default.
34. OPTION TO RENEW. In the event that Tenant shall not then be in default
hereunder. Tenant shall have the right not earlier than one hundred eighty ( 180) days prior to the
date ofthe expiration ofthe term of this Lease, and not later than ninety (90) days prior to the date
of expiration of the term of this Lease, to renew the term of this Lease for an additional two
successive five (5) year terms from the date of expiration of the term of this Lease as outlined
hereinafter. Such election shall be made by Tenant by serving upon the Landlord a notice in
writing to the effect that Tenant elects to renew and extend the term ofthis l-ease for such extended
term- All terms and conditions ofthe original Lease agreement shall apply to any extended term.
During the extended term of this Lease. Tenant shall pay to Landlord as monthly rental for
the demised premises the monthly rental for the last month of the primary term of this Lease plus
Lease year-end adjustments that would have been made had this Lease not expired (per A(icle 4
hereo0. Extended term rental amounts are to be adjusted annually, (adjustments to be made on
the same anniversary date as they were made during the primary term of this Lease), as per
Article 4 hereof. The above sums shall be paid in advance on the first day ofeach calendar month
throughout the term of this Lease. in the same manner as set forth in Article 4 of this Lease.
35, TENANT'S OPTIO N TO PURCHASE. ln addition to and se parate from the
Option to Renew set out in Article 34 above, and assuming that Tenant is not in default hereunder.
Tenant hereby is given the option to purchase the demised premises (with all appurtenances) from
landlord. Tenant may exercise this option by giving written notice to Landlord. Such notice may
include a purchase price for the property determined by the Tenant by appraisal. Ifthe Landlord
does not agree to that purchase price. Landlord shall present a separate appraisal to support its
purchase price. If the Tenant and Landlord thereafter through negotiation cannot agree on a
purchase price, their appraisers jointly shall agree upon a third appraiser who shall determine a
price. Each party then shall have fifteen (15) days in which to agree to the price. Thereafter' if
the parties are in agreement, they will negotiate the terms ofthe sale. All expenses in connection
with the sale, including but not limited to any title insurance. fees. escrow or closing costs, shall
be equally divided between the parties. Upon closing and payment ofany mortgage' Landlord
shall by grant deed convey fee title to Tenant.
This option shall be a covenant running with the land and the demised premises and no
conveyance, transfer, easement or encumbrance ofsuch land shall defeat this option.
Tenant may exercise the Option to Renew separately at the same time as the Option to
Purchase in the event that a purchase does not occur.
36. HOLDING OVER. An y holding over after the expiration of the term of this
Lease, with the consent of Landlord, shall be construed to be tenancy from month to month,
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cancelable upon thirty (30) days written notice, and at a minimum monthly rental and upon the
terms and conditions as existed during the last year of the term hereoi or any extensions thereof.
37. NOTICES. Wherever in this Lease it shall be required or permitted that notice and
demand be given or served by either party to this Lease to or on the other, such notice or demand
shall be in writing and shall be given or served personally, or by fax and shall be deemed to have
been duly given or served when in writing and deposited in the U.S. mail, postage pre-paid,
registered. addressed as lollows:
TO LANDLORD: Ueber Haun I, LLC
43650 La Cruz Drive
Temecula, CA 92590
Phone: (909) 240-1029
CITY OF MENIFEE/TENANT UEBER HAUN I.LLC/LANDLORD
i0-
Armando Vi City Manager
Attest:
Sarah Manwaring, City Clerk
as to Form:
elching, City
al
Chad Uebersetzig
is Uebersetzig
^r;
680/03185E-0001
13144459_2 fr272,9
ey
- l0-
TO TENANT: MENIFEE CITY HALL
29844 Haun Rd.
Menifee, CA 92586
Attn: City Manager
Either party may change such address by giving to the other written notice.
38. SCOPE OF AGREEMENT. This Lease, together with any and all exhibits and
Addendum to Lease, attached hereto and executed by Landlord and Tenant, ifany, is and shall be
considered to be the only agreement between the parties hereto. and all negotiations and oral
agreements acceptable to both parties are included herein.
IN WITNESS WHEREOF, the parties have duly executed this Lease, together with the
herein referred to Exhibits, if any. which are attached hereto, the day and year first above written.
Exhibit "A"
LEASED PREMISES
That portion of Parcel 2l ofParcel Map #22233 as shown by map on file in book 187 of Parcel
maps, Pages 9-14 inclusive, described as Parcel "B" of Lot Line Adjustment Number 4883
recorded ldy 29,2005 as instrument Number 2005-061 1248, Records of Riverside County,
California.
Exhibit "A"
APN: 336-380.060VISIA
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Exhibit "B"
CONFIRMATION OF LEASE INFORMATION
. LEASE REFERENCE DATE 2018
. PREMISES: Assessor's Parcel Number 336380060
Haun Rd
Menifee, CA92586
3. COMMENCEMENT DATE: The Lease Term shall commence as of
\for a term ofFIVE (5) years ending on
s extended as provided in the Lease.urlC o OJ unles
AGREED aNd ACCEPTED
CI]'Y OF MENIF-ENANT UEBER HAUN I.LLC/LANDLORD
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Armando Vil City Manager
Attest:
Manwaring, City Cler
Approved as to Form:
ebersetzig
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c lng,ty Attorney
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