Service Agreement for Full Service Office Space

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EAST COUNTY BUSINESS CENTER

SERVICE AGREEMENT

SCHEDULE A

IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1.  CLIENT agrees to pay the FEES as herein stipulated promptly at the times and the manner herein specified.  Said FEES shall be payable monthly in advance on the first day of each month in lawful money of the United States.  If the term shall not commence on the first day of the month, FEES for the first fractional month shall be prorated and payable at time of move in.  FEES shall always be due and payable on the first of each month.  Said FEES shall be payable at the office of the SERVICE PROVIDER in San Diego County, California, or to any agent designated in writing by SERVICE PROVIDER without any deduction or offset or without any notice or demand.  An administrative late charge of ten percent (10%) of the FEE charges due to SERVICE PROVIDER will be charged after the TENTH (10th) calendar day of the month.  All installments of FEES and charges which shall have become due and payable shall bear interest at the rate of ten percent (10%) per annum from the dates that the same became due and payable until paid, whether or not demand has been made therefore.  Checks shall be made payable to East County Business Center.

2.  Provided CLIENT shall not default hereunder, and subject to the provisions elsewhere herein contained, SERVICE PROVIDER agrees to furnish in reasonable quantities, electric current for lighting and normal office use, restroom facilities, heating and/or air conditioning.  SERVICE PROVIDER shall not be liable for any damage for failure to furnish such services as specified above when such failure is caused by breakage, repairs, strikes, lockouts, or by any other cause, similar or dissimilar, beyond the reasonable control of SERVICE PROVIDER; nor shall SERVICE PROVIDER be liable under any circumstances for the loss or injury to persons or property however occurring, through or in connection with or incidental to the furnishing of any of the foregoing or any other service including those referred to in Paragraph 5 hereof by SERVICE PROVIDER to CLIENT, nor shall any such failure relieve or constitute or be construed as constructive or other eviction of CLIENT.

3.  CLIENT shall not vacate or abandon the demised premise at any time during the term hereof; and if CLIENT shall abandon, vacate or surrender said premises, or be dispossessed by process of law, or otherwise, any personal property belonging to CLIENT and left on said premises shall be deemed to be abandoned at the option of SERVICE PROVIDER or SERVICE PROVIDER may store the same in the name at the cost of and without notice to CLIENT.

4.  Should CLIENT hold over the term hereby created without the consent of SERVICE PROVIDER, the term of this lease shall be deemed to be and extended at 1-1/2 times the FEES herein above provided and otherwise upon the covenants and conditions in this lease, so extended, shall terminate, and if the same occurs at other than the last day of any month, any unearned prepaid FEES shall, following the surrender of the demised premise by CLIENT, be refunded to it.

5.  So long as this lease remains in effect and provided there are no defaults thereof, SERVICE PROVIDER agrees to provide reception service, telephone answering and announcing service, and use of the conference room by advance reservation when available.  SERVICE PROVIDER reserves the right to limit CLIENT’s total conference use time per month at his sole discretion.  Use of the lobby and waiting area will be available to CLIENT, subject to strict adherence of applicable rules.

6.  CLIENT will not damage or deface the walls, floors, or ceilings, or make or suffer to be made any waste or unlawful, improper or offensive use of the said premises, obstruct hallways and other common areas, nor commit any act which may damage structural parts of the building or disturb the quiet enjoyment of any other tenant in the building.  CLIENT further agrees to provide, at CLIENT’s expense, a plastic chair mat of the type normally used to protect carpet under movable desk chairs and to use said chair mat at all times; damage to carpet resulting from failure to use said chair mat shall not be considered normal wear and tear, and CLIENT shall be responsible for such damages up to and including the cost of replacement of the entire carpet in the demised premises.  CLIENT is not to display signs of any kind in exterior windows.

7.  SERVICE PROVIDER shall have the right at all reasonable times to enter the premises to inspect the same and to make such repairs and alterations as SERVICE PROVIDER shall see fit, or (within thirty days prior to termination of this lease) to show the leased premises to prospective tenants, appraisers, lenders, repairmen during normal business hours.

8.  In the event one party hereto should institute any suit against the other party for the violation of any of the covenants or conditions of this lease or for the recovery of the possession of the demised premises, or should intervene in any action or proceeding wherein such other party is a party in order to enforce or protect the intervening party’s interest or rights hereunder, the unsuccessful party agrees to pay unto the successful party a reasonable attorney, consultant and expert witness fees to be determined by the court and taxed as a part of the costs therein.

9.  Neither CLIENT nor anyone claiming by, through or under CLIENT shall mortgage or assign this lease or sublet the premises or any part thereof or permit the use of the premises by any person other than the CLIENT without prior written consent of SERVICE PROVIDER.

10. The Rules and Regulations of the building attached hereto as Schedule A are expressly made a part of this lease by reference, and CLIENT hereby expressly covenants and agrees to abide by all of said Rules and Regulation, as well as such reasonable modifications thereof as may be hereafter adopted and noticed thereof given by SERVICE PROVIDER. SERVICE PROVIDER shall have no responsibility to CLIENT for the violation or nonperformance by any other tenant of said building of any of said Rules and Regulations.

11. All notices by SERVICE PROVIDER to CLIENT, or by CLIENT to SERVICE PROVIDER, shall be in writing.  Notices to CLIENT shall be deemed to be duly given if mailed by registered mail, postage prepaid, addressed to CLIENT at the demised premises. Notice to SERVICE PROVIDER shall be deemed to be duly given if delivered personally to an officer of SERVICE PROVIDER, or mailed by registered mail, postage prepaid, to SERVICE PROVIDER at its offices.

12. All terms, covenants and conditions of this lease shall inure to the benefit of all and be binding upon the successors and assign of SERVICE PROVIDER and (subject to the restrictions on assignment herein contained) the successors and assigns of CLIENT to the same extent as said terms, covenants and conditions inure to the benefit of and are binding upon SERVICE PROVIDER and CLIENT respectively.

13. It is agreed that upon the execution of this lease, CLIENT deposited with SERVICE PROVIDER or its agent the amount listed on page 1.  This deposit is for the full and faithful performance of each and every term, condition, covenant and provision of this lease on CLIENT’s part to be performed.  In the event CLIENT defaults in the performance, any sum which SERVICE PROVIDER may spend or be required to spend by reason of CLIENT’s default shall be paid from tenant’s deposit.  At SERVICE PROVIDER’s choice, CLIENT shall reimburse said costs to reinstate the full amount of the deposit.  If CLIENT shall, at the end of the term hereof, have fully complied with all of the terms and provisions of this lease (but not otherwise) the deposit, or any balance thereof, shall be returned to CLIENT within 35 days of vacancy.  CLIENT shall not be entitled to interest on any such deposit.

14. Time shall be of the essence of this lease and all the terms and covenants hereof are conditions, and upon the breach by CLIENT of any of the same it shall be optional with SERVICE PROVIDER to terminate this lease, in which event SERVICE PROVIDER shall have the immediate right of re-entry and may remove all persons and property from the premises.

15. CLIENT is hereby advised and CLIENT hereby acknowledges that all employees of SERVICE PROVIDER who perform work for CLIENT under this contract or other service agreements are in fact employees of SERVICE PROVIDER.  CLIENT agrees that during the period of this lease or within six (6) months of the termination of this lease, CLIENT will not hire any of the employees of SERVICE PROVIDER.  In the event that CLIENT shall breach any obligation of CLIENT continued in this paragraph, CLIENT shall be liable for SERVICE PROVIDER for, and shall pay to SERVICE PROVIDER on demand, damages in the sum of $2,000.00 for each employee with respect to whom such breach shall occur, it being mutually agreed by the parties that the foregoing provision for liquidated damages is reasonable and that the actual damage which would be sustained by SERVICE PROVIDER as the result of any such breach would be, from the nature of the case, impracticable or extremely difficult to fix.

16. Alterations may not be made to the leased premises without written consent of SERVICE PROVIDER and any alterations of the leased premises except movable furniture and trade fixtures shall at SERVICE PROVIDER’s option become part of the realty and belong to the SERVICE PROVIDER.  CLIENT shall give SERVICE PROVIDER written notice five (5) days prior to employing any laborer or contractor to perform work resulting in an alteration of the leased premises, so that SERVICE PROVIDER may post a Notice of Non-Responsibility.

17. On site parking is available on a limited, day use only, basis for CLIENT and CLIENT’s employees.  Any unauthorized parking will be subject to tow.  The owner of the unauthorized vehicle shall be solely responsible for all costs incurred thereby.

18. SERVICE PROVIDER agrees to furnish electricity for office requirements; however, CLIENT shall not use any electrical equipment which in SERVICE PROVIDER’s reasonable opinion will overload the wiring installations or interfere with the reasonable use of such installations by SERVICE PROVIDER or other tenants in the building.

19. If the building is damaged by fire, or any other cause, to such extent that the cost of restoration, as reasonably estimated by SERVICE PROVIDER, will equal or exceed 60% of the replacement cost of the building, SERVICE PROVIDER may, no later than the seventh day following the damage, give CLIENT a notice of election to terminate the lease.  In the event of such election, this lease shall be deemed to terminate as of the date of the damage or destruction, and CLIENT shall surrender the premises within a reasonable time thereafter.  Any pre-paid FEES shall be refunded proportionally.

20. If the premises or any part of the premises, or any part of the building materially affecting CLIENT’s lease of the premises, are taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking, The FEES shall be apportioned as the termination date, and any FEES paid for any period beyond such date shall be repaid to CLIENT.

21. INDEMNIFICATION OF PARTIES:

Except for SERVICE PROVIDER’s gross negligence, willful misconduct or breach of express warranties, CLIENT shall indemnify, protect, defend and hold harmless SERVICE PROVIDER and his or her agent, partners and lenders from and against any and all claims, loss of FEESs and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with the use and/or occupancy of the CLIENT’ rented Premises by CLIENT.  If any foregoing matters, CLIENT shall, upon notice, defend the same at CLIENT’ expense by counsel reasonably satisfactory to SERVICE PROVIDER and SERVICE PROVIDER shall cooperate with CLIENT in such defense.  SERVICE PROVIDER need not have first paid any such claim in order to be defended or indemnified.  Except for CLIENT’s gross negligence, willful misconduct or breach of express warranties, SERVICE PROVIDER shall indemnify, protect, defend and hold harmless CLIENT and his or her agents, partners and lenders from and against any and all claims, loss of FEESs and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with the use and/or occupancy of the SERVICE PROVIDER’s Premises by the SERVICE PROVIDER.  If any action or proceeding is brought against CLIENT by reason of any of the forgoing matters, SERVICE PROVIDER shall, upon notice, defend the same at SERVICE PROVIDER’s expense by Counsel reasonable satisfactory to CLIENT and CLIENT shall cooperate with SERVICE PROVIDER in such defense.  CLIENT need not have first paid any such claim in order to be defended or indemnified.

 

EAST COUNTY BUSINESS CENTER  

SCHEDULE A

RULES AND REGULATIONS

The East County Business Center offers a variety of services. The services are broken into business packages including:

Business Address / Business Address + Telephone Answering / Professional Executive Shared Offices.
The below listed RULES AND REGULATIONS do not pertain to each package.

l. HOURS OF OPERATION:

The offices will be open from 9:00 AM to 5:00 PM Monday through Thursday.  Friday hours are 9:30 AM to 4:30 PM.

Air Conditioning/Heating will be provided from 9:00 AM to 5:00 PM Monday through Friday.

The following Holidays will be observed: Martin Luther King, Jr. Day, Lincoln’s Birthday, Presidents’ Day, Cèsar Chàvez Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, The Friday following Thanksgiving Day, Christmas Eve Day, Christmas Day, New Years Day.  We will close at 12:00 noon on New Year’s Eve.  We will close at 12:00 noon on Good Friday.

The building may also close on additional holidays and special events. These dates are typically when banks & courts are closed.

2. UTILITIES: Normal electrical utilities will be provided during normal building hours.  Tenants are requested to please help conserve energy by turning off lights etc. when not in use.  Failure to do so after notification will result in additional fees to tenant.  To maintain a comfortable temperature in all offices, thermostat settings should not be changed except by building management.

3. JANITORIAL: Office janitorial services will be provided to each office and the building as a whole approximately twice each week.

4. RECEPTIONIST: A receptionist will be on duty during hours of operation to receive clients and visitors, mail, messages and deliveries.

5. TELEPHONE ANSWERING SERVICE: Telephone answering service will be available during the hours of operation to answer calls and direct calls and messages to tenants or to Voice Mail.  Tenants whose service package includes it will be issued a telephone number upon tenancy.  Tenants who wish to use a previous outside phone numbers may call forward their line to the new number. Tenants will be issued a long distance call code. Long distance call charges will be billed monthly.

6. MAIL SERVICE: Incoming mail will be received and then distributed to mail boxes. A $10.00 fee will be charged for lost mailbox keys.

7. PHOTOCOPYING & PRINTING: The photocopy machine is available for use at any time on a first come first serve basis.  Copies will be charged at the rate of .08 per copy.  Copy charges will be added to monthly FEES fee. Tenants whose package includes it will be given a copy code. Discounts for regular copy volumes may be negotiated.   Additional copy code numbers are available upon request.

8. CONFERENCE ROOM: Use of the conference room is provided on a time available basis by reservation only.  Management reserves the right to limit total conference time. Conference room schedule is located online at www.eastcountybiz.com.  Please check schedule before use or arranging meetings.

9. FACSIMILE (FAX): Service Use (619) 442-7439 The FAX machine is available for use during normal operation hours.  The FAX machine is located at the receptionist station.  Please ask all senders to include a cover sheet or clear identification on the first page so we may identify whom the document is for. A fee of $.05 will be charged for each fax.

10. KEYS/SECURITY: Tenants whose package includes after hour access will be issued a building access code.  For security purposes management may change the code at any time.  Tenants will be notified prior to any change.  When working outside normal hours of operation please keep all exterior doors locked. Please double check that doors are locked when departing.  Building management reserves the right to lock the elevator after hours of operation to ensure security, if necessary.

11. PARKING: Parking is permitted for day use only.  Unauthorized vehicles will be towed away at owner’s expense.

12. RESTROOMS: Restrooms are available on the main (2nd) floor of the building for use by tenants and clients.

13. PICTURES/FIXTURES:  Tenants are requested to use small nails on walls rather than stick on picture holders.  Please check with management before using molly bolts or larger nails/screws.  Tenants are not permitted to put up wallpaper or paneling of any kind without prior written consent of the building management.

14. DIRECTORY SIGNS:  Tenants will be listed on the entry lobby directory board for signage of their suite/business.  Tenants may coordinate with building management for individual temporary door signage which shall be paid for by tenants.

15. MONTHLY BILLING/DEPOSIT REFUNDS:  FEES and any other charges agreed to in advance due at the beginning of the month for the current month.     Fees received after the 10th day of the month shall include a late fee of 10% of the total amount due.

16. TERMINATION AND DEPOSIT REFUNDS:  Notice of termination is required 30 days in advance. FEES are to be paid at the beginning of the month through the date of termination providing a prior written notice has been received by management and all other terms and conditions of the lease are current and in compliance. Deposits are never to be used as a FEES offset.  In addition, because telephone and other services are billed for the preceding month, a final billing will be issued for any other charges for the current month.

17. SMOKING: Smoking is not permitted anywhere in the building.

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