Terms and Conditions
1. Lessee agrees to pay the rent as herein stipulated promptly at the times and the manner herein specified. Said rent 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, rental for the first fractional month shall be prorated and payable at time of move in. Rent shall always be due and payable on the first of each month. Said rental shall be payable at the office of the Lessor in San Diego County, California, or to any agent designated in writing by Lessor without any deduction or offset or without any notice or demand. An administrative late charge of ten percent (10%) of the rent charges due to Lessor will be charged after the TENTH (10th) calendar day of the month. All installments of rent 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 Biz Center. 30 written notice is required for termination of any lease, rental or service agreement.
2. Provided Lessee shall not default hereunder, and subject to the provisions elsewhere herein contained, Lessor agrees to furnish in reasonable quantities, electric current for lighting and normal office use, restroom facilities, heating and/or air conditioning as reasonable required for services rendered. Lessor 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 Lessor; nor shall Lessor 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 Lessor to Lessee, nor shall any such failure relieve or constitute or be construed as constructive or other eviction of Lessee.
3. Lessee shall not vacate or abandon the demised premise at any time during the term hereof; and if Lessee shall abandon, vacate or surrender said premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on said premises shall be deemed to be abandoned at the option of Lessor or Lessor may store the same in the name at the cost of and without notice to Lessee.
4. Should Lessee hold over the term hereby created without the consent of Lessor, the term of this lease shall be deemed to be and extended at 1-1/2 times the rental 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 rental month, any unearned prepaid rental shall, following the surrender of the demised premise by Lessee, be refunded to it.
5. So long as this lease remains in effect and provided there are no defaults thereof, Lessor agrees to provide services as outlined in the rental package chosen by lessee. Depending on the rental package chosen, this may include mail receipt, sorting and forwarding, reception service, telephone answering and announcing service, and use of the conference room by advance reservation when available. Lessor reserves the right to limit Lessee’s total conference use time per month at his sole discretion. Use of the lobby and waiting area will be available to Lessee, subject to strict adherence of applicable rules.
6. Lessee 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. Lessee is not to display signs of any kind in exterior windows.
7. Lessor shall have the right at all reasonable times to enter the premises to inspect the same and to make such repairs and alterations as Lessor 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 Lessee nor anyone claiming by, through or under Lessee 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 Lessee and Lessee’s agent without prior written consent of Lessor.
10. The Rules and Regulations of the building attached hereto as Schedule A are expressly made a part of this lease by reference, and Lessee 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 Lessor. Lessor shall have no responsibility to Lessee for the violation or nonperformance by any other tenant of said building of any of said Rules and Regulations.
11. All notices by Lessor to Lessee, or by Lessee to Lessor, shall be in writing. Notices to Lessee shall be deemed to be duly given if mailed by registered mail, postage prepaid, addressed to Lessee at the demised premises. Notice to Lessor shall be deemed to be duly given if delivered personally to an officer of Lessor, or mailed by registered mail, postage prepaid, to Lessor at its offices.
12. All terms, covenants and conditions of this lease shall ensure to the benefit of all and be binding upon the successors and assign of Lessor and (subject to the restrictions on assignment herein contained) the successors and assigns of Lessee to the same extent as said terms, covenants and conditions inure to the benefit of and are binding upon Lessor and Lessee respectively.
13. It is agreed that upon the execution of this lease, Lessee deposited with Lessor or its agent the amount listed on the sign-up page. If no deposit is required, this section does not apply. Any deposit is for the full and faithful performance of each and every term, condition, covenant and provision of this lease on Lessee’s part to be performed. In the event Lessee defaults in the performance, any sum which Lessor may spend or be required to spend by reason of Lessee’s default shall be paid from tenant’s deposit. At Lessor’s choice, Lessee shall reimburse said costs to reinstate the full amount of the deposit. If Lessee 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 Lessee within 35 days of vacancy. Lessee 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 Lessee of any of the same it shall be optional with Lessor to terminate this lease, in which event Lessor shall have the immediate right of re-entry and may remove all persons and property from the premises.
15. Lessee is hereby advised and Lessee hereby acknowledges that all employees of Lessor who perform work for Lessee under this contract or other service agreements are in fact employees of Lessor. Lessee agrees that during the period of this lease or within six (6) months of the termination of this lease, Lessee will not hire any of the employees of Lessor. In the event that Lessee shall breach any obligation of Lessee continued in this paragraph, Lessee shall be liable for Lessor for, and shall pay to Lessor 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 Lessor 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 Lessor and any alterations of the leased premises except movable furniture and trade fixtures shall at Lessor’s option become part of the realty and belong to the Lessor. Lessee shall give Lessor 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 Lessor may post a Notice of Non-Responsibility.
17. On site parking is available on a limited, day use only, basis for Lessee and Lessee’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. Lessor agrees to furnish electricity for office requirements; however, Lessee shall not use any electrical equipment which in Lessor’s reasonable opinion will overload the wiring installations or interfere with the reasonable use of such installations by Lessor 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 Lessor, will equal or exceed 60% of the replacement cost of the building, Lessor may, no later than the seventh day following the damage, give Lessee 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 Lessee shall surrender the premises within a reasonable time thereafter. Any pre-paid rent shall be refunded proportionally.
20. If the premises or any part of the premises, or any part of the building materially affecting Lessee’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 rent shall be apportioned as the termination date, and any rent paid for any period beyond such date shall be repaid to Lessee.
21. INDEMNIFICATION OF PARTIES:
Except for Lessor’s gross negligence, willful misconduct or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless Lessor and his or her agent, partners and lenders from and against any and all claims, loss of rents 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 Lessee’ rented Premises by Lessee. If any foregoing matters, Lessee shall, upon notice, defend the same at Lessee’ expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. Except for Lessee’s gross negligence, willful misconduct or breach of express warranties, Lessor shall indemnify, protect, defend and hold harmless Lessee and his or her agents, partners and lenders from and against any and all claims, loss of rents 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 Lessor’s Premises by the Lessor. If any action or proceeding is brought against Lessee by reason of any of the forgoing matters, Lessor shall, upon notice, defend the same at Lessor’s expense by Counsel reasonable satisfactory to Lessee and Lessee shall cooperate with Lessor in such defense. Lessee need not have first paid any such claim in order to be defended or indemnified.
