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HomeMy WebLinkAboutTahmisian, Stephen M (Trust) - 1988-01-01 REQUEtr FOR CITY COUNCIP ACTION Date April 18, 1988 APP i VE I3Y CITY c;uUNCIL Submitted to: Honorable Mayor and City Council Submitted by: C Paul E . Cook, City Administrator�� Prepared by: — CITY CL Douglas N. La Belle, Deputy City Admin. Subject: AUTHORIZE THE ACQUISITION AND APPROVE THE CONTRACT OF SALE FOR APN 24-148-16 (TAHMISIAN PROPERTY) Consistent with Council Policy? [�] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The request for purchase of this property is in accord with City Council/Agency action to purchase properties on a willing seller basis in the Main-Pier Project Area . The attached Agreement of Sale represents the purchase by the City of property owned by Mr . Tahmisian located at Third Street between Walnut and Olive Streets to allow construction of a parking structure . RECOMMENDATION: Authorize the acquisition of the property owned by Mr . Tahmisian (APN 24-148-16) , approve the attached Agreement of Sale which includes the following points : 1 . The City will purchase APN 024-148-16 legally described as lots 11 & 13 of block 203 of Huntington Beach tract and all structure thereon at the negotiated price of $390, 000 . 2 . The City will pay all title insurance and escrow fees . 3 . The City will provide a letter to the property owner that the property is being acquired under threat of condemnation. 4 . The City agrees to thirty (30) day escrow or less . P10 5/85 ANALYSIS: The City Council/Agency has authorized the appraisals and negotiations for the purchase of properties to accommodate construction of a parking structure within the Main-Pier Project Area . Over the past several weeks, the City' s property acquisition consultant has negotiated with Mr. Tahmisian to purchase the parcel and improvements . The City' s appraiser indicated in his formal narrative appraisal made in December 1986, the market value of the property was $380, 000 . We are recommending the City approve the acquisition of this parcel at a price of $10 , 000 (2 . 6%) above the appraisal for the following reasons : 1 . The Administrative settlement for an additional $10 , 000 (2 . 6%) will allow a timely conclusion of the acquisition process on these parcels and enhance efforts at construction of an integrated retail and parking structure development. FUNDING SOURCE: Certificates of Participation Account 710-701 ALTERNATIVE ACTION: Do not approve the land and improvements acquisition or modify the offer . ATTACHMENTS. 1 . Map of property 2 . Agreement of Sale DLB:GG: jr (0183d) AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN EDWARD R. STUEDLI AND PAUL A. TAHMISIAN, AS TRUSTEE OF THE STEPHEN L. TAHMISIAN TRUST AND THE CITY OF HUNTINGTON BEACH This Agreement made this /6-A day of April, 1988 by and between OF THE CITY OF HUNTINGTON BEACH, California, a municipal corporation ( "BUYER" ) , and EDWARD R. STUEDLI AND PAUL A. TAHMISIAN, AS TRUSTEE OF THE STEPHEN L. TAHMISIAN TRUST, ( "SELLER" ) , for the purchase by BUYER of certain real property. Whereas, SELLER is the owner, in fee, of certain real property located in the City of Huntington Beach, California more fully described as : Lots 11 and 13 in Block 203 , as per map recorded in Book 3 , page 36 of miscellaneous maps, in the Office of the County Recorder of said county, and commonly known as 211 Third Street . BUYER desires to purchase said property for cash and SELLER desires to sell property to the BUYER: NOW THEREFORE, the parties agree as follows: 1 . PURCHASE PRICE . The purchase price for the real property is Three hundred ninety thousand and no/100 dollars ($390 ,000 ) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said escrow in conformance therewith as attached hereto and incorporated herein by this reference as exhibit "A" . 3 . CONDITIONS OF CLOSING. The close of escrow is conditioned upon: a . Conveyance to the City of good and marketable title subject to the approval of the City Attorney. -1- b. Delivery of California Land Title Association (CLTA) title insurance policy in the amount of the full purchase price subject only to such liens, encumbrances, clouds or conditions as may be approved in writing by the City Attorney . C . Delivery of possession of said property to BUYER or its nominee, immediately on close of escrow, free and clear of all uses and occupancies except as BUYER may agree in writing . d . Assignment to BUYER of all rents due pursuant to each rental agreement attached hereto as Exhibit "C" . 4 . FAILURE OF CONDITIONS . Should any of the conditions specified in Paragraph 3 of this Agreement fail to occur within thirty (30 ) days after the date hereof, BUYER shall have the power , exercisable by BUYER to give written notice to the escrow holder and to SELLER to cancel such escrow, terminate this Agreement and recover any amounts paid to escrow holder on account of the purchase price of said property. The escrow holder shall be, and is hereby, irrevocably instructed BY BUYER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER all monies and instruments deposited by him in escrow pursuant to this Agreement at BUYER' s option only . 6 . PRORATIONS . Insurance, Insurance Premiums, and Possessory Interest Tax . There shall be prorated between SELLER and BUYER on the basis of thirty (30 ) day months as of 12 : 00 midnight Pacific Standard Time on the date of the close of escrow pursuant to this contract : a . Real property taxes levied or assessed against said property ( including any water tax or water rate levied against said property for the furnishing of water thereto) as shown on the -2- latest available tax bills . The County of Orange by law will refund all tax paid by SELLER covering periods subsequent to title vesting in BUYER. b. Premiums on insurance policies acceptable to BUYER insuring the improvements and buildings, if any, on said property against damage or destruction by fire, theft, or the elements . 7 . BONDS AND ASSESSMENTS . Any bonds or improvement assessments which are a lien on said property shall, on close of escrow, be paid by SELLER, except those liens imposed by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington Beach. 8 . BROKER'S COMMISSIONS - ATTORNEY 'S FEES . Any and all finders fees or commissions due to real estate or other brokers and all attorney ' s fees as a result of this sale of said property shall be paid by SELLER. 9 . EXPENSES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER: a . The full cost of securing the title insurance policy described in this Agreement . b . The cost of preparing, executing, and acknowledging any deeds or other instruments required to convey title to BUYER Or his nominees in the manner described in this Agreement . C . The cost of recording a grant deed required to convey title to said property to BUYER or his nominees as described in this Agreement . d . Any escrow fee charged by the escrow holder in addition to the cost of the title insurance policy . 10. OWNER' S REPRESENTATIONS, COVENANTS AND WARRANTIES. As an -3- express condition precedent to the Close of Escrow for BUYERS ' benefit, and in addition to any other representations, covenants and warranties contained in this Agreement, SELLER makes the following representations and warranties, each of which is true in all respects as of the date of this Agreement , and shall be true in all respects as of the closing date (as defined in the Escrow Instructions ) : a . Authority to Sign. This Agreement and all the documents executed by the SELLER that are to be delivered to the BUYER at closing are, and at the closing will be, duly authorized, executed and delivered to the BUYER; are, and at the closing will be, to the best of the SELLER' S knowledge, sufficient to convey title if they purport to do so; and do not , and at the closing will not , to the best of SELLER' S knowledge, violate any provisions of any agreement to which the SELLER is a party or to which SELLER is subject, including without limitations, any prior options, purchase agreements , escrow instructions and/or trusts . b. Existing Contracts. At the closing, there will be no outstanding contracts made by the SELLER for any improvements to the property that have not been fully paid, and the SELLER shall cause to be discharged ( in such a manner that the Title Company will not show the lien( s) as an exception( s) to title under the Title Policy) , all mechanics ' or materialmen ' s liens arising from any labor or materials furnished to the property prior to the closing . C . Title. SELLER has, and will convey to BUYER, good and marketable fee simple title to the property free and clear of all liens, encumbrances, claims, rights, demands, easements, -4- AbOw • • leases, licenses, agreements, covenants, conditions, and restrictions of any kind or character ( including, without limiting the generality of the foregoing, liens or claims for taxes , mortgages, conditional sales contracts or other title retention agreements, deeds of trust, security agreements and pledges ) except for those exceptions to title shown in the assessor ' s parcel number 24-148-16 Litigation Guarantee as item 2 attached hereto as Exhibit "B" dated December 30 , 1986 which shall be replaced by a title insurance as provided hereinabove during escrow hereof . SELLER shall not encumber, modify or diminish title to all, or any portion of or interest in, the property without BUYER'S written consent . d . Litigation . SELLER is not involved in, nor does SELLER have knowledge of, any claim, proceeding or threatened litigation, administrative or governmental proceeding or investigation, relating to or otherwise affecting the property or the ability of SELLER to deliver good and marketable fee simple title to the property to BUYER. e . Tenants . There are no tenants on the property except those approved in writing by BUYER attached hereto as Exhibit "C" . f . Hazardous Waste . Neither SELLER nor , to the best of SELLER' s knowledge, any previous owner, tenant, occupant or user of the Property used, generated, released, discharged, stored or disposed of any hazardous waste, toxic substances or related materials ( "Hazardous Materials" ) on, under, in or about the Property, or transported any Hazardous Materials to or from the Property. SELLER shall not cause or permit the presence, -5- use, generation, release, discharge, storage or disposal of any Hazardous Materials on, under , in or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material , or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is ( i ) defined as a "hazardous waste, " "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115 , 25117 or 25122 .7 , or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6 .5 (Hazardous Waste Control Law) , (ii ) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20 , Chapter 6 .8 (Carpenter-Presley-Tanner Hazardous Substance Account Act ) , ( iii ) defined as a "hazardous masterial , " "hazardous substance" or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20 , Chapter 6 .95 (Hazardous Materials Release Response Plans and Inventory) , (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20 , Chapter 6 .7 (Underground Storage of Hazardous Substances) , ( v) petroleum, (vi ) asbestos , (vii ) polychlorinated byphenyls, (viii ) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4 , Chapter 20, ( ix ) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, ( 33 U .S .C . §1317 ) , ( x ) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery -6- Act, 42 U.S . C. §6901 et seq. (42 U.S .C . §6903 ) or (xi ) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 . U.S .C . §6901 et sec . (42 U.S .C. §9601 ) . Compliance with Environmental Laws . The Property and its intended use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water , Clean Air, Federal Water Pollution Control , Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environmental Quality Act, and the rules , regulations and ordinances of the City of Huntington Beach, the California Department of Health Services , the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal , state and local agencies and bureaus . Indemnity. Seller shall idemnify, defend and hold BUYER harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense ( including, without limitation, attorneys ' fees ) , resulting from, arising out of, or based upon ( i ) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii ) the violation, or alleged violation, of any -7- statute, ordinance, order , rule, regulation, permit , judgment or license relating to the use , generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under , in or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost or expense arising from or out of any claim, action, suit or proceeding for personal injury ( including sickness, disease or death) , tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss , damage to the natural resources or the environment, nuisance, pollution, contamination, leak, spill , release or other adverse effect on the environment . 11 . ATTORNEY 'S FEES . In the event of any controversy, claim or dispute arising out of or relating to this Agreement or the escrow or any breach of either , the prevailing party shall be entitled to attorney ' s fees . 12 . THREAT OF CONDEMNATION. The parties agree that the property being conveyed is under threat of condemnation by the BUYER. BUYER agrees to supply SELLER with a letter evidencing its intention to condemn . 13 . NOTICES . Any and all notices or other communications required or permitted by this Contract or by law to be served on or given to either party hereto, BUYER or SELLER, by the other party hereto, or by the escrow holder shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, BUYER or SELLER, to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to the parties at the -8- address shown below. SELLER may change his address for the purposes of this section by giving written notice of such change to the BUYER in the manner provided in this section . Address : ( SELLER) Address: (BUYER) Edward R. Stuedli and City of Huntington Beach Paul A. Tahmisian as c/o Office of the City Attorney Trustee for the Stephen L . of the City of Huntington Beach Tahmisian Trust P.O. Box 2740 1264 E . Sonoma Dr . Huntington Beach, CA 92647 Altadena, CA 91001 REST OF PAGE NOT USED -9- 14 . ENTIRE AGREEMENT . This instrument contains the entire agreement between BUYER and SELLER respecting said property, and any agreement or representation respecting said property or the duties of either BUYER or SELLER in relation thereto not expressly set forth in this instrument is null and void. EXECUTED on 2& , 1988, at Orange County, California. SELLER: BUYER: STEPHEN L . TAHMISIAN TRUST The CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Paul A. Tahmisian,/Trustee Mayor Edward R. Stuedli ATTEST: APPROVED AS FORM: 24-e-�- �t- ,I tom'`� C-Tv Clerk Ci Attor -"'I I y •� Z-y� R � ND ] "' D: NI ATED AND City Administrator D pu y City Admini trator/ D re for of Community Development rf -10- PARCEL NO: 024-148-016 TITLE REPORT NO: 1447616 PROJECT: MAIN-PIER REDEVELOPMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this & day of ,r►l.. 198_EL, by and between the CITY OF HUNTINGTON BEACH, (hereinafter called "Buyer") , and the undersigned owner(s) (hereinafter called "Seller") for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, all that certain real property (hereinafter called "Property") situated in the City of HUNTINGTON BEACH, County of ORANGE, State of California, and legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes hydrocarbon incidental to the exploration for and production of oil, gas, h y substances or minerals from said or other lands but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow shall be the sum of THREE HUNDRED NINETY THOUSAND AND NO/100. . . . . . . . . . . . . . . . . . .DOLLARS($390,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer erty free nd marketable fee simple title to the ces assessments,peasements,aleasesaandf all taxesrecorde EXCEI''rd and unrecorded liens, encumbran , A. Taxes: 2nd Half Fiscal Year 1987-1988. public street easements and rights of way B. Quasi-public utility, public alley, of record. of the above numbered title report C. hems numbered 2 issued by FIRST AMERICAN TITLE INSURANCE COMPANY dated DECEMBEft 30, 1986 D. NONE 4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy and Title Insurance :in the amount of $390 000.00 , issued by FIRST AMERICAN TITLE INSURANCE COMPANY , showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 the heprinted therefor.croons and stipulations in said policy. Buyer agrees to pay t e premium to open an escrow in accordance with this Agreement S. ESCROW. Buyer agrees at LICENSE ESCROW COMPANY This Agreement constitutes the joint escrow ?reinstructions isohe Buyer empowered to act Escrow Agent to whom these instruction. under this Agreement. The parties hereto agree to do all. acts necessary to close this escrow in the shortest possible time. Page 1 of 5 Seller has executed and anded a deed to Buyer, concurrently with this Agreement. As soon as possible aft�pening of escrow, Buyer will sit the executed deed, with Certificate of Acceptance at tached, with Escrownt on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the property; B. Escrow is not to be concerned with proration Seller's taxes for the current fiscal year if this escrow closes between July 1 and November 1 unless current tax information is available from title insurer. In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph C below. From July 1 and ensuing period, when tax information is not available, Seller's prorata portion of taxes due to close of escrow, shall be cleared and paid by Seller, outside escrow, pursuant to provisions of Section 5082 through 5090 of the Revenue and Taxation Code of the State of California; C. From the date that tax information is available, as per Paragraph B above, up to and including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be .forwarded to Buyer with closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F. Pay and charge Buyer and Seller for any escrow fees, charges and costs payable under Paragraph 6 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits mutual ag ree which ment herein sp .ecified Any amendment of, or to be performed may be extended by of the parties hereto. supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall. be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 30 days from date of these instructions, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied no demand for return thereof shall Page 2 of 5 be' recognized until fi (5) days after Escrow Agent s have mailed copies of suchk demand to all othe rties at the respective addre shown in these escrow instructions, and if any objections are raised within sai.d five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no °demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 17 and to its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all usual fees, charges and costs which arise in this escrow. 7. • RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current and correct statement of rentals on form furnished to Seller and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that Statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all. rental agreements, tenancies and leases (written, unwritten, recorded or unrecorded) agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, except: Leases on Units 1. thru 4 which Buyer agrees to leave in force. Buyer acknowledges said leases and agrees to buy the property subject to them. Copies of said leases are attached to the agreement. 8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. 9. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original., and all such counterparts together shall constitute one and the same instrument. 10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Sellers's statement to Buyer; purpose being to ascertain if any reimbursements are due Seller. 11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real_ property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event of loss or damage to the real property or any improvements thereon, by fire or other casualty, shall. occur prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 12. EMINENT DOMAIN DISMISSAL. Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Los Angeles wherein the herein described property is included and also waives any and all claims to any money on deposit in said action and further waives all_ attorney's fees, costs, disbursements and expenses incurred :in connection therewith. 13. POSSESSION AND DISPOSITION OF SELLER'S FURNITURE. Possession of real property shall be given to Buyer upon the recording of Seller's deed. All Seller's furniture and furnishings shall remain the property of Seller and Seller shall have the right at any time to remove or otherwise dispose of all or any portion of same, provided that all tenants occupying the premises at the time Seller's deed is recorded shall be entitled to continue to use the furniture and furnishings then being used by them until they vacate each of their respective apartments or living spaces, and provided that within ten (10) days after notice from Buyer that the premises have been vacated, Seller will remove or otherwise dispose of all. such Page 3 of 5 furniture and furnishing All furniture and furnishings remaining on the premises aftor 10 days shall me the property of Buyer an�yer may dispose of same without liability as it alone sees fit. Buyer shall not e liable for any loss of or damage to said furniture or furnishings, regardless of when such loss or damage occurs. 14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's Knowledge, any previous owner, tenant, occupant or user of the Property used, generated, released, discharged, stored or disposed of any hazardous waste, toxic substances or related materials ("Hazardous Materials") on, under, in or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use generation, release, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of .any Hazardous Materials to or from, the Property. The term Hazardous Material shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law) , (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter. 6.8 ( Carpenter-Presley-Tanner Hazardous Substance Account Act) , (iii) defined as a "hazardous material," hazardous substance" or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Release Response Plans and Inventory) , (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances) , (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter. 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, ( 33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sere . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901 et seq. (42 U.S.C. S9601). 15. COMPLIANCE WITH ENVIRONMENT LAWS. The Property and its intended use complies with all applicable laws and governmental regulations including, with limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the City of Huntington Beach, the California Department of Health Services, the Regional Water Quality Control Board, the State water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 16. INDEMNITY. Seller indemnity, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage or expense (including, without limitation, attorneys' fees) , resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release or other adverse effect on the environment. 17. CONTINGENCY. It is understood and agreed between the parties hereto that thee completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. Page 4 of 5 The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. SELLER STEPHEN L. TAHMISIAN TRUST MAILING ADDRESS OF SELLER }3Y; A. ` A ISIAN, T ` TEE E� R. STU LI jECRC Y F HU ING BEACH MAILING ADDRESS OF BUYER �A MUNICIPAL_ CORPORATION 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTEST: ERK j. Page 5 of 5 • PARAO. 024-148-16 LEGAL DESCRIPTION LOTS 11 AND 13 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT "A" RESIDENTIAL LEASE C / \ 1. PARTIES: \ This Lease is made and entered into this / rl r-s T day of G J b and between C c ri `� >/i S ci T t or Sic ci i'` T y e / _r)_� (hereinafter referred to as "Landlord") and C n If �ef c vE C F twr-'/Y _(hereinafter referred to as"Tenant"). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,on the terms and conditions hereinafter set forth, that certain real property and the residence located thereon situated in the City of 1IGI�I A `7 _/VFJ t.cr L-h County of z2z State of ��� / commonly known as �� 3r�a cs IZ (here insert address) 3. TERM: / The term of this Lease shall be for 5 ! 1 --� (months/years), commencingon �s� r r f`--C7 c 19Y2,and endingon 4 Tenant shall pay to Landlord as rent for the Premises,the sum bf komac", f O P71 Airs f 9— � 42S 2L;A M fl,fl 6I Z��y� 675.JJ /'rYJ Sicrsticl yyr ($ _) dollars per month, n advance on the list day of each month during the term hereof. Rent shall be payable without notice or demand and without any deducti66, offset, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. 5. SECURITY DEPOSIT: Tenant shall deposit with Landlord upon the execution of this Lease the sum of ��c ($ -__21 V17_fC_ )dollars as a security deposit for the Tenant's faithful performance of the provisions of this Lease. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use the security deposit, or any portion of it, to cure the default or compensate Landlord for all damages sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay to Landlord the sum equal to that portion of the security deposit expended or applied by Landlord which was provided for in this paragraph so as 10 maintain the security deposit in the sum initially deposited with Landlord. Landlord shall not be required to keep the security deposit separate from its general account nor shall Landlord be required to pay Tenant any interest on the security deposit. If Tenant performs all of Tenant's obligations under this Lease,the security deposit or that portion thereof which has not previously been applied by the Landlord, shall be returned to Tenant within fourteen (14)days after the expiration of the term of this Lease, or after Tenant has vacated the premises, whichever is later. 6. POSSESSION: If the Landlord for any reason cannot deliver possession of the Premises to Tenant at the commencement of the term, the Landlord shall not be liable to Tenant for any loss or damage resulting therefrom,but there shall be a proportionate deduction of rent;nor shall this Lease be void or voidable for a period of ten(10)days thereafter;and if for any reason the Premises cannot be delivered within said ten(10)day period,the Tenant may, prior to Landlord's delivery of the Premises,declare this Lease to be null and void and all money paid to Landlord shall be refunded to Tenant. 7. USE: 67 II is agreed that the Premises shall be used only for residence purposes, for one family consisting ofll` adults and kX-46(f.4elL children, and no animals, and for no other purposes whatsoever. Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws and ordinances affecting said property or occupancy thereof; and Tenant further agrees that no use shall be made of the Premises, nor acts done which will increase the existing rate of insurance upon the Premises, or will cause a cancellation of any insurance policy covering the Premises. 8. UTILITIES: fu f [/ $f 4cic1d /cf-C The Tenant shall pay for I water supplied to the Premises and shall pay for all gas, heat, light, power, telephone service, and other services supplied to the Premises, except as herein provided. 9. REPAIRS AND MAINTENANCE: The Landlord shall at its sole cost and expense keep and maintain the exterior walls, roof, electrical wiring, heating system,44i . conditionin"ystem•(if any), water heater, built-in appliances, and water lines in good and sanitary order, condition, and repair, except where damage(if any)has been caused by the abuse or negligence of the Tenant,in which event Tenant shall repair same at his sole cost and expense. Except as herein provided, Tenant hereby agrees that the Premises are now in a tenantable and good condition and shall at his sole cost and expense keep and maintain the Premises, appurtenances and every part thereof, in the manner in which they were received, reasonable wear and tear excepted, including household furniture, fixtures, goods and chattels belonging to the Landlord, so that they shall remain in good and satisfactory order, condition and repair. The _Z C,2 A c-,/ agrees to maintain landscaping, swimming pool (if any)and Tenant agrees to adequately water said landscaping. 10. ALTERATIONS AND ADDITIONS: Tenant shall not, without the Landlord's prior written consent, make any alterations, Improvements or additions in or about the Premises and any additions to or alterations of the Premises(with the exception cf movable furniture)shall at once become a part of the realty and belong to the Landlord. The Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by the Tenant. 11. HOLD HARMLESS: Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from any activity, work, or things which may be permitted or suffered by Tenant in or about the Premises itcluding all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct,Tenant hereby assumes all risk of damage to property, including household furniture and goods, or injury to person in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. 12. DAMAGE TO PREMISES: (a) If the Premises are so damaged by fire or from any other cause as to render it untenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15)days after the occurrence of such damage;except that should such damage or destruction occur as the result of the abuse or negligence of Tenant,or its invitees, so as to render the Premises untenantable, the Landlord only shall have this right of termination, WOLCOTTS FORM 988—RESIDENTIAL LEASE—Rev.12 Be ©1984 WOLCOTTS.INC. (price class 3) Before you use this form,read il.till In all blanks,and make whatever changes are appropriate and necessary to your particular transaction.Consult a lawyer it you doubt the form's fitness for your purpose and use.WelC0O3 makes no representation or warranty,express or implied,with respect to the merchantability or fitness or this lam for an intended use or purpose. Should this right be exercised by either Landlord or Tenant,then rent for the current month shall be prorated between the parties as of the date on which such damage occurred and any prepaid rent and unused security deposit shall be refunded to Tenant. (b) If this Lease is not terminated as provided in this paragraph 13, the Landlord shall promptly repair the Premises and there shall be a r proportionate reduction of rent until the Premises are repaired and ready for Tenant's occupancy,such proportionate reduction to be based upon the extent to which the making of repairs Interferes with Tenant's reasonable use of the Premises. 13. ASSIGNMENT AND SUBLETTING: Tenant shall not voluntarily or by operation of law assign, transfer, sublet, mortgage,or otherwise transfer or encumber all or any part of \\ Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld.The consent to one assignment or subletting shall not be construed as consent to any subsequent assignment or subletting. 14. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid,or if Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord,after giving the proper notice required by law,may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law. The Landlord may,at its option,either maintain this Lease in full force and effect and recover the rent and other charges as they become due or, in the alternative, terminate this Lease. In addition, the Landlord may recover all rentals and any other damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reason of such default as provided by law. 15. ABANDONMENT: Tenant shall not vacate or abandon the Premises at any time during the term of this Lease. 16. ENTRY BY LANDLORD: The Tenant shall permit the Landlord and/or its agents to enter into and upon the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of maintaining the Premises, or for the purpose of exhibiting the Premises to prospective purchasers or tenants. 17. ATTORNEY'S FEES: If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 18. SURRENDER: On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage by fire and the elements excepted. 19. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-lo-monlh tenancy. 20. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition.The terms,conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns. 21. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the address as set forth below: TO LANDLORD AT: l 2 L `i C -S'y (,;I d -( 22 Y TO TENANT AT: 4<�! /�' cr C L Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph. 22. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 21 TIME: Time is of the essence of this Lease. 24. JOINT AND SEVERAL OBLIGATIONS: "Party" shall mean Landlord and Tenant; and it more than one person or entity is the Landlord or Tenant,the obligations imposed on the party shall be joint and several. 25. OPTION TO EXTEND: Provided that Tenant shall not then be in default hereunder,Tenant shall have the option to extend the term of this Lease for additional (month/year)periods upon the same terms and conditions herein contained,except for fixed minimum monthly rental, upon delivery by Tenant to Landlord of written notice of its election to exercise such option(s)at least sixty(60)days prior to the expiration of the original (or extended)term hereof. The parties hereto shall have thirty(30)days after the Landlord receives the option notice in which to agree on the minimum monthly rental during the extended term(s). If the parties agree on the minimum monthly rent for the extended term(s)during that period,they shall immediately execute an amendment to this Lease stating the minimum monthly rent. In the event that there is more than one option to extend the term of this Lease,the parties hereto shall negotiate the minimum monthly rent as set forth herein for each extended term of this Lease. If the parties hereto are unable to agree on the minimum wonthly rent for the extended term(s)within said thirty(30) day period,the option notice shall be of no effect and this Lease shall expire at the end of the term. Neither party to this Lease shall have the right to have a court or other third party set the minimum monthly rent_--, >41 The parties hereto have executed this Lease on the date first above written. LA OLORO: �"' TENANT By rY BY: C g 4W � ESI®ET'IAL LEA SE v 1. PARTIES: ' This Lease is made and entered into �J day of by and between rC� c / e� Zc l 1,0X1,1 f Cl/z lZe r1 /- -'rn1- � (hereinafter referred to as "Landlord") and Z62 G cJ ✓ /r'� Cl 1-1-2 V t?! (hereinafter referred to as"Tenant"). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions hereinafter set forth,that certain / real property and the residence located thereon situated in the City of_ 7 �i Gil y a P2 ZF k Z, L`"f County of r _�s�- JState of _c:in 14 commonly known as �:. / 2 Y c� t/ != '-h-' !✓ (here insert addressl 3. TERM: �<74'>J The term of this Lease sha be for / Al S (months/years), commencing on y-e 19-9D and ending on l CrG 19 4. RENT: ' Tenant shall pay to Landlord as rent for the Premises,the sum of / ov dollars per month, in advance on the first day of each month during the term hereof. Rent shall,b payable without notice or demand and without any deduction, off-set, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. 5. SECURITY DEPOSIT: Tenant shall deposit with Landlord upon the execution of this Lease the sum of ($_ )dollars as a security deposit for the Tenant's faithful performance of the provisions of this Lease. II Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use the security deposit, or any portion of it, to cure the default or compensate Landlord for all damages sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay to Landlord the sum equal to that portion of the security deposit expended or applied by Landlord which was provided for in this paragraph so as to maintain the security deposit in the sum initially deposited with Landlord. Landlord shall not be required to keep the security deposit separate from its general account nor shall Landlord be required to pay Tenant any interest on the security deposit. If Tenant performs all of Tenant's obligations under this Lease,the security deposit or that portion thereof which has not previously been applied by the Landlord, shall be returned to Tenant within fourteen (14)days alter the expiration of the term of this Lease, or after Tenant has vacated the premises, whichever is later. 6. POSSESSION: It the Landlord for any reason cannot deliver possession of the Premises to Tenant at the commencement of the term, the Landlord shall not be liable to Tenant for any loss or damage resulting therefrom,but there shall be a proportionate deduction of rent',nor shall this Lease be void or voidable for a period of ten(10)days thereafter;and it for any reason the Premises cannot be delivered within said ten(10)day period,the Tenant may, prior to Landlord's delivery of the Premises,declare this Lease to be null and void and all money paid to Landlord shall be refunded to Tenant. 7. USE: It is agreed that the Premises shall be used only for residence purposes, for one family consisting of i y�ri adults and children, and no animals, and for no other purposes whatsoever. Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws and ordinances affecting said property or occupancy thereof, and Tenant further agrees that no use shall be made of the Premises, nor acts done which will increase file existing rate of insurance upon the Premises, or will cause a cancellation of any insurance policy covering the Premises. 8. UTILITIES: The Tenant shall pay for all water supplied to the Premises and shall pay for all gas, heal, light, power, telephone service, and other services supplied to the Premises, except as herein provided. 9. REPAIRS AND MAINTENANCE: The Landlord shall at its sole cost and expense keep and maintain the exterior walls, roof, electrical wiring, heating system, air conditioning system (if any), water healer, built-in appliances, and water lines in good and sanitary order, condition, and repair, except where damage(if any)has been caused by the abuse or negligence of the Tenant,in which event Tenant shall repair same at his sole cost and expense. Except as herein provided, Tenant hereby agrees that the Premises are now in a tenantable and good condition and shall at his sole cost and expense keep and maintain the Premises, appurtenances and every part thereof, in the manner in which they were received, reasonable wear and tear excepted, including household furniture, fixtures, goods and chattels belonging to the Landlord, so that they shall remain in good and satisfactory order, condition and repair. The _77z_?ei f!Z agrees to maintain landscaping, swimming pool (it any)and Tenant agrees to adequately water said landscaping. 10. ALTERATIONS AND ADDITIONS: Tenant shall not,without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises and any additions to or alterations of the Premises(with the exception of movable furniture)shall at once become a part of the really and belong to the Landlord. The Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by the Tenant. 11. HOLD HARMLESS: Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from any activity, work, or things which may be permitted or suffered by Tenant in or about the Premises including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct,Tenant hereby assumes all risk of damage to property,including household furniture and goods, or injury to person in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. 12. DAMAGE TO PREMISES: (a) If the Premises are so damaged by fire or from any other cause as to render it unlenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15)days after the occurrence of such damage:except that should such damage or destruction occur as the result of the abuse or negligence of Tenant,or its invitees, so as to render the Premises untenantable, the Landlord only shall have this right of termination. WOLCOTTS FORM 988—RESIDENTIAL LEASE—Rev.12-84 11964 WOLCOTT$.INC. ipnce class JI Before you use this form,read if fill in all blanks.and make whatever changes are appropriate and necessary to your particular transaction.Consull a lawyer it you doubt In$lotm's fitness for your purpose and use Wotcolls makes no representation or warranty,express or implied,with respect 10 the merchantability or hlness of this lam for an intended use Of purpose. rrr�iJZ1I ZO Should this right be exercised by eitheOndlord or Tenant,then rent for the current month shOe prorated between the parties as of the date on which such damage occurred and any prepaid rent and unused security deposit shall be refunded to Tenant. (b) If this Lease is not terminated as provided in this paragraph 13,the Landlord shall promptly repair the Premises and there shall be a proportionate reduction of rent until the Premises are repaired and ready for Tenant's occupancy, such proportionate reduction to be based upon C the extent to which the making of repairs Interferes with Tenant's reasonable use of the Premises. 13. ASSIGNMENT AND SUBLETTING: Tenant shall not voluntarily or by operation of law assign, transfer, sublet,mortgage,or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld.The consent to one assignment or subletting shall not be construed as consent to any subsequent assignment or subletting. 14. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid,or if Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord,after giving the proper notice required by law, may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law. The Landlord may, at its option,either maintain this Lease in full force and effect and recover the rent and other charges as they become due or, in the alternative, terminate this Lease. In addition, the Landlord may recover all rentals and any other damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reason of such default as provided by law. 15. ABANDONMENT: , Tenant shall not vacate or abandon the Premises at any time during the term of this Lease. 16. ENTRY BY LANDLORD: The Tenant shall permit the Landlord and/or its agents to enter into and upon the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of maintaining the Premises,or for the purpose of exhibiting the Premises to prospective purchasers or tenants. 17. ATTORNEY'S FEES: If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 18. SURRENDER: On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage by fire and the elements excepted. 19. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-to-month tenancy. 20. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition.The terms,conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns. 21. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the address as set forth below: TO LANDLORD AT: ��_—. �1S1��Q ��1` TO TENANT AT: " -a i Ile) r Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph. 22. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 23. TIME: Time is of the essence of this Lease. 24. JOINT AND SEVERAL OBLIGATIONS: "Party" shall mean Landlord and Tenant; and if more than one person or entity is the Landlord or Tenant,the obligations imposed on the party shall be joint and several. 25. OPTION TO EXTEND: Provided that Tenant shall not then be in default hereunder,Tenant shall have the option to extend the term of this Lease for additional (month/year)periods upon the same terms and conditions herein contained,except for fixed minimum monthly rental, upon delivery by Tenant to Landlord of written notice of its election to exercise such option(s)at least sixty(60)days prior to the expiration of the original(or extended)term hereof. The parties hereto shall have thirty (30)days after the Landlord receives the option notice in which to agree on the minimum monthly rental during the extended term(s). If the parties agree on the minimum monthly rent for the extended terms)during that period,they shall immediately execute an amendment to this Lease stating the minimum monthly rent. In the event that there is more than one option to extend the term of this Lease, the parties hereto shall negotiate the minimum monthly rent as set forth herein for each extended term of this Lease. If the parties hereto are unable to agree on the minimum monthly rent for the extended term(s)within said thirty(30) day period,the option notice shall be of no effect and this Lease shall expire at the end of thn term. Neither party to this Lease shalt have the right to have a court or other t lid party set the minimum monthly rent. �^ 0'r / The parties hereto have executed this Lease on the date first above written. LAND 0 TENANT00 :. By: By: — poi,�s®rye®LQee®���iii�®a®����iiiiiii�.®a���®��iiiiii�ir\�®®�r®re®v�i®i�®�iln�®®NA RESIDENTIAL LEASE Q 1. PARTIES: � ' .4� 19 'J This Lease is made and entered into this day of - , by and between 411,,1 AT fT 17 7i e rc//�r .S IEP/acy �lf NW/1 124 r/-<is (hereinafter referred to as ''Landlord'') and L �y / E• fN GX-c/loinF�� w (hereinafter referred to as"Tenant"). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions hereinafter set forth, that certain / real property and the residence located thereon situated in the City of !�,/ U<9 ���cL Gl� County of �cf }'� �1 _ _. State of L/-c///Ir /G;Z_161 commonly known as rcl &I- v� (here insert address) 3. TERM: 1 1 The term of this Lease shall be for I �� / �C ���/7/�� / (months/years), commencing on /.c.t G► r T 19t and ending on �s f dI 4. RENT: Tenant shall`pay to Landlord as rent for the Premises•the sum of_ U-' , J/X 141/76 �-E c ($ 01J ► dollars,per month, in advance on the first day of each month during the term hereof. Rent shall be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United Slates to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. 5. SECURITY DEPOSIT: Tenant shall deposit with Landlord upon the execution of this Lease the sum of ($ )dollars as a security deposit for the Tenant's faithful performance of the provisions of this Lease. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use the security deposit, or any portion of it, to cure the default or compensate Landlord for all damages sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay to Landlord the sum equal to that portion of the security deposit expended or applied by Landlord which was provided for in this paragraph so as to maintain the security deposit in the sum initially deposited with Landlord. Landlord shall not be required to keep the security deposit separate from its general account nor shall Landlord be required to pay Tenant any interest on the security deposit. If Tenant performs all of Tenant's obligations under this Lease,the security deposit or that portion thereof which has not previously been applied by the Landlord, shall be returned to Tenant within fourteen (14)days after the expiration of the term of this Lease, or after Tenant has vacated the premises, whichever is later. 6. POSSESSION: 11 the Landlord for any reason cannot deliver possession of the Premises to Tenant at the commencement of the term, the Landlord shall not be liable to Tenant for any loss or damage resulting therefrom,but there shall be a proportionate deduction of rent; nor shall this Lease be void or voidable for a period of ten(10)days thereafter,and if for any reason the Premises cannot be delivered within said ten(10)day period,the Tenant may, prior to Landlord's delivery of the Premises,declare this Lease to be null and void and all money paid to Landlord shall be refunded to Tenant. 7. USE: It is agreed that the Premises shall be used only for residence purposes, for one family consisting of 2 adults and children, and no animals, and for no other purposes whatsoever. Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws and ordinances affecting said property or occupancy thereof; and Tenant further agrees that no use shall be made of the Premises, nor acts done which will increase the existing rate of insurance Upon the Premises, or will cause asL cancellation of any insurance policy covering the Premises. 8. UTILITIES: Prl / C/ i /,C/ 6�c� �rf�/'�� The-Tenant-shall pay-for-allsupplied to the Premises and shall pay for all gas, heat, light, power, telephone service, and other services supplied to the Premises, except as herein provided. 9. REPAIRS AND MAINTENANCE: The Landlord shall at its sole cost and expense keep and maintain the exterior walls, roof, electrical wiring, heating system, air conditioning system (if any), water heater, built-in appliances, and water lines in good and sanitary order, condition, and repair, except where damage(if any)has been caused by the abuse or negligence of the Tenant,in which event Tenant shall repair same at his sole cost and expense. Except as herein provided, Tenant hereby agrees that the Premises are now in a tenantable and good condition and shall at his sole cost and expense keep and maintain the Premises, appurtenances and every part thereof, in the manner in which they were received, reasonable wear and tear excepted, including household furniture, fixtures, goods and chattels belonging to the Landlord, so that they shall remain in good and satisfactory order, condition and repair. The /C"/ if/C,/U/,-c/ agrees to maintain landscaping, swimming pool (if any)and Tenant agrees to adequately water said landscaping. 10. ALTERATIONS AND ADDITIONS: Tenant shall not,without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises and any additions to or alterations of the Premises(with the exception of movable furniture)shall at once become a part of the realty and belong to the Landlord. The Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by the Tenant. 11. HOLD HARMLESS: Tenant shall indemnity and hold Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from any activity, work, or things which may be permitted or suffered by Tenant in or about the Premises including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct,Tenant hereby assumes all risk of damage to property,including household furniture and goods, or injury to person in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. 12. DAMAGE TO PREMISES: (a) If the Premises are so damaged by fire or from any other cause as to render it unienanlable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15)days after the occurrence of such damage;except that should such damage or destruction occur as the result of the abuse or negligence of Tenant,or its invitees, so as to render the Premises untenantable, the Landlord only shall have this right of termination. WOLCOTTS FORM 988—RESIDENTIAL LEASE—Rev.U 81 ©1984 WOLCOTiS,INC. (price class 3) Belore you use this term,read it.fill in all blanks.and make whatever changes are appropriate and necessary to your particular transaction.Consult a lawyer if you doubt the lorm's fitness for your purpose and use.WoicoNs nukes no representation or warranty,express or implied.with respect In the merchantability Of fitness of this form for an intended use or purpose. RZ / Should this right be exercised by either Landlord or Tenant,then rent for the current month shall be prorated between the parties as of the date on which such damage occurred and any prepaid rent and unused security deposit shall be refunded to Tenant. (b) If this Lease is not terminated as provided in this paragraph 13,the Landlord shall promptly repair the Premises and there shall be a [\, proportionate reduction of rent until the Premises are repaired and ready for Tenant's occupancy,such proportionate reduction to be based upon \ the extent to which the making of repairs interferes with Tenant's reasonable use of the Premises. 13. ASSIGNMENT AND SUBLETTING: (` Tenant shall not voluntarily or by operation of law assign, transfer, sublet,mortgage, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld.The consent to one assignment or subletting shall not be construed as consent to any subsequent assignment or subletting. 14. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid, or if Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord, after giving the proper notice required by law, may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law.The Landlord may,at its option,either maintain this Lease in lull force and effect and recover the rent and other charges as they become due or, in the alternative, terminate this Lease. In addition, the Landlord may recover-all rentals and any other damages and pursue any other rights and remedies which the landlord may have against the Tenant by reason of such default as provided by law. 15. ABANDONMENT: Tenant shall not vacate or abandon the Premises at any time during the term of this Lease. 16. ENTRY BY LANDLORD: The Tenant shall permit the Landlord and/or its agents to enter into and upon the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of maintaining the Premises,or for the purpose of exhibiting the Premises to prospective purchasers or tenants. 17. ATTORNEY'S FEES: II either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's tees and costs of suit. I.B. SURRENDER: On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage by lire and the elements excepted. 19. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the term of this lease. such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-to-month tenancy. 20. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition.The terms,conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns. 21. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the address as set forth below: TO LANDLORD AT: r --sue<7 <7�"47 TO TENANT AT: �f`�� �; 3 Such notice shall be deemed to be received within forty-eight (48) hours from the lime of mailing, it mailed as provided for in this paragraph. 22. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 23. TIME: Time is of the essence of this Lease. 24. JOINT AND SEVERAL OBLIGATIONS: "Party" shall mean Landlord and Tenant;and it more than one person or entity is the Landlord or Tenant,the obligations imposed on the party shall be joint and several. 25. OPTION TO EXTEND: Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the term of this Lease for additional (month/year)periods upon the same terms and conditions herein contained,except for fixed minimum monthly rental, upon delivery by Tenant to Landlord of written notice of its election to exercise such option(s)at least sixty(60)days prior to the expiration of the original(or extended)term hereof. The parties hereto shall have thirty(30)days after the Landlord receives the option notice in which to agree on the minimum monthly rental during the extended term(s). If the parties agree on the minimum monthly rent for the extended term(s)during that period,they shall immediately execute an amendment to this Lease stating the minimum monthly rent. In the event that there is more than one option to extend the term of this Lease,the parties hereto shall negotiate the minimum monthly rent as set forth herein for each extended term of this Lease. It the parties hereto are unable to agree on the minimum monthly rent for the extended term(s)within said thirty(30) day period,the option notice shall be of no effect and this Lease shall expire at the end of the term. Neither party to this Lease shall have the right to have a court or other third party set the minimum monthly rent. The parties hereto have executed this Lease on the date first above written. LAN LORD> ^ _� TENAN ' — f B ` �► By: lBy: By: AISIDENTIAL LEASE C 1. PARTIES: C�� Fot I �f�N/ This Lease is made and entered into this day of NIS by and between e (hereinafter referred to as ''Landlord") and MikiL y- v ��s/ Mc r•�>c�� (hereinafter referred to as"Tenant"). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,on the terms and conditio hereinafter set forth,that certain real property and the residence located thereon situated in the City of `1 /I l 4 I J C} G G // County of C 6V State of L c) commonly known as . -r 5/-t,' (here insert address) 3 The term of this Lease shall be for Ila (months/years), commencing on 1 / y �`�t/r E ���lj 19 �and ending on �/� O �E�r�i 4. RENT: Tenant shall pay to Landlord as rent for the Premises,the sum of - ($ ,y y��y ) dollars per month, in advance on the first E{ay o" I each month during the term hereof. Rent shall be payable without notice or demand and without any deduction, off-set, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. 5. SECURITY DEPOSIT: Tenant shall deposit with Landlord upon the execution of this Lease the sum of (/����f(�E eel v ($_ 0 )dollars as a security deposit for the Tenant's faithful performance of the provisions of this Lease. If Tenant fails to pay rent or other charges due hereunder, or otherwise delaults with respect to any provision of this Lease, Landlord may use the security deposit, or any portion of it, to cure the default or compensate Landlord for all damages sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay to Landlord the sum equal to that portion of the security deposit expended or applied by Landlord which was provided for in this paragraph so as to maintain the security deposit in the sum initially deposited with Landlord. Landlord shall not be required to keep the security deposit separate from its general account nor shall Landlord be required to pay Tenant any interest on the security deposit. It Tenant performs all of Tenant's obligations under this Lease,the security deposit or that portion thereof which has not previously been applied by the Landlord, shall be returned to Tenant within fourteen (14)days after the expiration of the term of this Lease,or after Tenant has vacated the premises, whichever is later. 6. POSSESSION: If the Landlord for any reason cannot deliver possession of the Premises to Tenant at the commencement of the term, the Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, but there shall be a proportionate deduction of rent; nor shall this Lease be void or voidable for a period of ten(10)days thereafter;and if for any reason the Premises cannot be delivered within said ten(10)day period,the Tenant may, prior to Landlord's delivery of the Premises, declare this Lease to be null and void and all money paid to Landlord shall be refunded to Tenant. 7. USE: ll It is agreed that the Premises shall be used only for residence purposes, for one family consisting ofQ? 1 �(- adults and _L'_ 1f1l c- r'Ochildren, and no animals, and for no other purposes whatsoever. Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws and ordinances affecting said property or occupancy thereof; and Tenant further agrees that no use shall be made of the Premises, nor acts done which will increase the existing rate of insurance upon the Premises, or will cause a cancellation of n insurance policy covering the Premises. B. UTILITIES: �r I r� 'r L//� '' /&J l-c-f kJ6 The=�enaat-sha"y-ia all water supplied to the Premises and shall pay for all gas, heat, light, power, telephone service, and other services supplied to the Premises, except as herein provided. 9. REPAIRS AND MAINTENANCE: The Landlord shall at its sole cost and expense keep and maintain the exterior walls, roof, electrical wiring, heating system, air conditioning system (if any), water heater, built-in appliances, and water lines in good and sanitary order, condition, and repair, except where damage(it any)has been caused by the abuse or negligence of the Tenant,in which event Tenant shall repair same at his sole cost and expense. Except as herein provided. Tenant hereby agrees that the Premises are now in a tenantable and good condition and shall at his sole cost and expense keep and maintain the Premises, appurtenances and every part thereof, in the manner in which they were received, reasonable wear and fear excepted, including household furniture, lixture/s, goods and chattels belonging to the Landlord, so that they shall remain in good and satisfactory order, condition and repair. The_X C+ t I C agrees to maintain landscaping, swimming pool (if any)and Tenant agrees to adequately water said landscaping. 10. ALTERATIONS AND ADDITIONS: Tenant shall not,without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises and any additions to or alterations of the Premises(with the exception of movable furniture)shall at once become a part of the realty and belong to the Landlord. The Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by the Tenant. 11. HOLD HARMLESS: Tenant shall indemnity and hold Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from any activity, work, or things which may be permitted or suffered by Tenant in or about the Premises including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct,Tenant hereby assumes all risk of damage to property,Including household furniture and goods, or injury to person in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. 12. DAMAGE TO PREMISES: (a) If the Premises are so damaged by fire or from any other cause as to render it untenantable,then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15)days after the occurrence of such damage;except that should such damage or destruction occur as the result of the abuse or negligence of Tenant,or its invitees, so as to render the Premises untenantable, the Landlord only shall have this right of termination. WOLCOTIS FORM 988—RESIDENTIAL LEASE—Rev.12 84 ©1964 WOLCOTTS.INC. Ipnce class]) Before you use this form,read it,till in all blanks.and make whatever changes are appropriate and necessary to your panicular transaction.Consult a lawyer it you doubt Ins 10im's fitness for your purpose and use.Wolcotts makes no representation of warranty,express of implied,with respect 10 the merchantability or fitness of this form for an intended use Of purpose. //�//0n�\®\\\\���✓i✓ff/�®®�\'\'�/./llll���i_�`i�\-\\\\�/��i//i/�i��\�r�rrr�t�✓ses��o�i®�..ar��o®���.. ` Should this right be exercised by eitherl&ord or Tenant,then rent for the current month shal orated between the parties as of the 1 / dale on which such damage occurred and any prepaid rent and unused security deposit shall be refun ed 9 to Tenant. (b) If this Lease is not terminated as provided in this paragraph 13,the Landlord shall promptly repair the Premises and there shall be a proportionate reduction of rent until the Premises are repaired and ready for Tenant's occupancy,such proportionate reduction to be based upon C the extent to which the making of repairs interferes with Tenant's reasonable use of the Premises. \ 13. ASSIGNMENT AND SUBLETTING: ll or any part of Tenant shall not voluntarily or by operation of law assign,transfer,sublet,mortgage,or otherwise transfer or encumber a Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld.The consent to one assignment or subletting shall not be construed as consent to any subsequent assignment or subletting. �► 14. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid,or if Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord,after giving the proper notice required by law,may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law. The Landlord may,at its option,either maintain this Lease in full lorce and effect and recover the rent and other charges as they become due or,in the alternative, terminate this Lease. In addition,the Landlord may recover all rentals and any other damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reason of such default as provided by law. 15. ABANDONMENT: Tenant shall not vacate or abandon the Premises at any time during the term of this Lease. 16. ENTRY BY LANDLORD: The Tenant shall permit the Landlord and/or its agents to enter into and upon the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting it or for the purpose of maintaining the Premises,or for the purpose of exhibiting the Premises to prospective purchasers or tenants. 17. ATTORNEY'S FEES: II either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 18. SURRENDER: On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition. broom clean, ordinary wear and tear and damage by fire and the elements excepted. 19. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-to-month tenancy. 20. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition.The terms,conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto,their heirs,personal representatives, successors and assigns. 21. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United Stales mail, postage prepaid, addressed at the address as set forth below: TO LANDLORD AT: TO TENANT AT: `3 t cl Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, it mailed as provided for in this paragraph. 22. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 23. TIME: Time is of the essence of this Lease. 24. JOINT AND SEVERAL OBLIGATIONS: "Party" shall mean Landlord and Tenant;and if more than one person or entity is the Landlord or Tenant,the obligations imposed on the party shall be joint and several. 25. OPTION TO EXTEND: Provided that Tenant shall not then be In default hereunder.Tenant shall have the option to extend the term of this Lease for additional (month/year)periods upon the same terms and conditions herein contained,except for fixed minimum monthly rental, upon delivery by Tenant to Landlord of written notice of its election to exercise such option(s)at least sixty(60)days prior to the expiration of the original (or extended)term hereof. The parties hereto shall have thirty(30)days after the Landlord receives the option notice in which to agree on the minimum monthly rental during the extended lerm(s). It the parties agree on the minimum monthly rent for the extended term(s)during that period,they shall immediately execute an amendment to this Lease stating the minimum monthly rent. In the event that there is more than one option to extend the term of this Lease,the parties hereto shall negotiate the minimum monthly rent as set forth herein for each extended term of this Lease. If the parties hereto are unable to agree on the minimum monthly rent for the extended lerm(s)within said thirty(30) day period,the option notice shall be of no effect and this Lease shall expire at the end of the term. Neither party to this Lease shall have the right to have court or other third party set the minimum month�rentl The parties hereto have executed this Lease on the date first above written. LA D D: �t�4 / � TENANT: /r' By; * `/ ,� L Y By: By: v 1 PARC 0. 024-148-16 LEGAL DESCRIPTION LOTS 11 AND 13 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Y EXHIBIT "A" TITLE ORDER NO. 1447616 PARCEL NO. 024-148-016A& A. P. NO. —01 -1 8-01 PROJECT: MAIN-PIER REDEVELOPMENT RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 FREE RECORDING REQUESTED Essential to acquisition by CITY OF HUNTINGTON BEACH, CA See Govt. Code 6103 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. EDWARD R. STUEDLI AND PAUL A. TAHMISIAN, AS TRUSTEE OF THE STEPHEN L. TAHMISIAN TRUST DATED FEBRUARY 20, 1982. hereby GRANT(S) to the CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION the following described real property in the City of Huntington Beach, County of Orange, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said lands but without, however, the right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. STEPHEN L. TAHMISIAN TRUST e-a z Date: fIh i5 (1S BY: PAUL A. TAHRISIAN, TRUSTEE EDWARD R. STUEDL State of California County of ( _clf _)ss On l X before me, the undersigned a Notaiy Public in and for the State, pers nally appeared ��l t I- A , -TA 6 rn l' �� Z personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) li- subscribed to the within instrument and acknowledged that _ executed same. WITNESS my hand and official se 1 Qom. ; OFFICIAL SEAL .��--s- 'I"•"" ,`�. J0M[S M. SHINN Signature ' .q Notary PLIHIC - Californio D M VRINCIPAL OFFICE IN lF�a; LOS ANGELES COUNTY .ram MY COMMISSION EXPIRES DF.CFMBER 3, 1991 State of Oregon; County of Klamath Signed before me on the 19th day of April, 1988 by Edward R. Stuedli. Jr p 4-25-89. Notary Public My commission expires ESCROW INSTRUCTIONS RENTAL STATEMENT TO: IS ��.,bcZr cA ti T I FLU PROJECT P)AI FR. I���EU oP�.enT PARCEL # )-(( - 1y�-'� L SELLER T 4►m 15) A 10 ESCROW # a-I I Tel I R D Sr The following is a complete statement of rents on properties involved in the above parcel number. You are authorized to pro-rate the rentals on the basis of this statement unless you are notified in writing of any change prior to close of escrow. TENANT'S DATE TENANT DATE RENT AMNT.OF AMOUNT OF ADDRESS �I T4♦IQ NAME MOVED IN PAID TO RENT/MO. DEPOSIT 2 3 S ub cow' If a rental becomes due before the Escrow is closed, you are to pro-rate on the basis of same having been collected by Seller. EXCEPTIONS: ' I DATE: SELLER SELLER The above information supplied by the Seller has been verified this date: DATE: - RELOCATION SECTION APPROVED DATE: RELOCATION SECTION 0 ;,"aff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 31 , 1988 - Edward R. Studeli Paul A. Tahmisian, Trustee Stephen L. Tahmisian Trust 1264 E. Sonoma Drive Altadena, CA 91001 Enclosed is a copy of the agreement for the purchase of certain real property which was approved by the City Council of the City of Huntington Beach on April 18, 1988. Alicia M. Wentworth City Clerk AMW:bt Enc. (Telephone:714536-5227)