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HomeMy WebLinkAboutContract 1710 0 —V?-I 0 ASSOC A I. I F O R N I A COMMERCIAL LEASE AGREEMENT • I .�i7I«(.I ORIGINAL • (C.A.R.Form CL,Revised 4113) Ip OF REALTORS * Date(For reference only):September 19, 2014 Cathedral City Downtown Foundation ("Landlord")and .- . . _ - _ _. •.. . - . •- _ _ . •- _ .. . _ .._ ... _ .- _ _. ("Tenant")agree as follows: 1. PROPERTY:Landlord rents to Tenant and Tenant rents from Landlord,the real property and improvements described as: 68510 East Palm Canyon Drive, Space 140. Cathedral City. CA 92234 (Approximately 4.853 sf) ("Premises"),which comprise approximately 22.000 %of the total square footage of rentable space in the entire property.See exhibit "A" for a further description of the Premises. 2. TERM:The term begins on(date) December 1. 2014 ("Commencement Date"), (Check A or B): ® A. Lease:and shall terminate on(date) November 30, 2019 at 5:00 ❑ AM ® PM.Any holding over after the term of this agreement expires,with Landlord's consent,shall create a month-to-month tenancy that either party may terminate as specified in paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect. ❑ B. Month-to-month:and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date,subject to any applicable laws.Such notice may be given on any date. ® C. RENEWAL OR EXTENSION TERMS:See attached addendum "A" . 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of(CHECK ONE ONLY:) ❑ (1) $ per month,for the term of the agreement. ❑ (2) $ per month,for the first 12 months of the agreement.Commencing with the 13th month,and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers("CPI")for (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. ❑ (3) $ per month for the period commencing and ending and $ per month for the period commencing and ending and $ per month for the period commencing and ending . ® (4) In accordance with the attached rent schedule. ❑ (5) Other:Rent shall increase annually as reflected in the rent schedule . B. Base Rent is payable in advance on the 1st(or ❑ )day of each calendar month,and is delinquent on the next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. 4. RENT: A. Definition:("Rent")shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement,except security deposit. B. Payment:Rent shall be paid to(Name) Cathedral City Downtown Foundation, Attn: Tami Scott at(address) 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 , or at any other location specified by Landlord in writing to Tenant. C. Timing:Base Rent shall be paid as specified in paragraph 3.All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION:Tenant is entitled to possession of the Premises on If Tenant is in possession prior to the Commencement Date, during this time (I) Tenant is not obligated to pay Base Rent, and (ii) Tenant❑ is ❑ is not obligated to pay Rent other than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord$ 4,853.00 as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) ❑ If Base Rent increases during the term of this agreement,Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i)cure Tenant's default in payment of Rent, late charges, non-sufficient funds("NSF")fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant.SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT.If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant.Within 30 days after Landlord receives possession of the Premises,Landlord shall:(i)furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent,shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit,unless required by local ordinance. 1 Landlord's Initials )( ) Tenant's Initials(�%� )( / ) di MAI ftUe Y ©2013,California Association of REALTORS®,Inc. °P°D�i671Y Reviewed by Date CL REVISED 4/13(PAGE 1 of 6) COMMERCIAL LEASE AGREEMENT(CL PAGE 1 OF 6) Agent: Susan Harvey Phone:(760)360-8200 Fax: Prepared using zipForm®software Broker: Desert Pacific Properties 77-933 Las Montanas Road Palm Desert,CA 92211 68510 East Palm Canyon Drive, Space 140, Cathedral City, CA Premises: 92234 (Approximately 4,853 sf) Date September 19, 2014 7. PAYMENTS: PAYMENT TOTAL DUE RECEIVED BALANCE DUE DUE DATE A. Rent:From 12/01/2014 To 12/31/2014 $ 4,853.00 $ $ 4,853.00 10/09/2014 Date Date B. Security Deposit $ 4,853.00 $ $ 4,853.00 10/09/2014 C. Other: CAM Charges Month 1 $ 1,213.25 $ $ 1,213.25 10/09/2014 Category D. Other: $ $ $ Category E. Total: $ 10,919.25 $ $ 10,919.25 8. PARKING:Tenant is entitled to available unreserved and 0 reserved vehicle parking spaces.The right to parking ® is ❑ is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent,the parking rental fee shall be an additional$ per month. Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats, campers, buses or trucks(other than pick-up trucks). Tenant shall park in assigned space(s)only. Parking space(s) are to be kept clean.Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s)or elsewhere on the Premises.No overnight parking is permitted. 9. ADDITIONAL STORAGE:Storage is permitted as follows:NA The right to additional storage space❑ is❑ is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional$ per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is daimed by another,or in which another has any right,title,or interest.Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the dean-up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE;INTEREST;NSF CHECKS:Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, $ 485.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent.Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant.Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement,and as provided by law. 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is dean and in operative condition, with the following exceptions: Items listed as exceptions shall be dealt with in the following manner. i2. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances("Laws"). Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use.Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES:Tenant agrees to pay for all utilities and services directly billed to Tenant Tenant shall be responsible for all utilities including but not limited to: water, electric, cable, internet, telephone, gas, etc. 14. PROPERTY OPERATING EXPENSES: A.Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance,consolidated utility and service bills,insurance,and real property taxes,based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. Tenant shall be responsible for payment to Riverside County for Possessory Use Tax. OR B.❑ (If checked)Paragraph 14 does not apply. 15. USE:The Premises are for the sole use as Restaurant including liquor license and take-out. No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance,Tenant shall pay for the increased cost.Tenant will comply with all Laws affecting its use of the Premises. 16. RULES/REGULATIONS:Tenant agrees to comply with all rules and regulations of Landlord(and,if applicable,Owner's Association)that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not,disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A.Tenant OR❑ (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems,if any,and keep glass,windows and doors in operable and safe condition. Unless Landlord is checked,if Tenant fails to maintain the Premises,Landlord may contract for or perform such maintenance,and charge Tenant for Landlord's cost. B.Landlord OR❑ (If checked,Tenant)shall maintain the roof,foundation,exterior walls,common areas and Landlord's Initials C1 )( ) Tenant's Initials( )( ) CL REVISED 4113(PAGE 2 of 6) Reviewed by Date OPPORTUNITY COMMERCIAL LEASE AGREEMENT(CL PAGE 2 OF 6) 68510 E Palm C • 68510 East Palm Canyon Drive, Space 140, Cathedral City, CA • Premises: 92234 (Approximately 4,853 sf) Date September 19, 2014 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs,without Landlord's prior written consent,which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits.Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY:Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections,necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice(oral or written)shall be reasonable and sufficient notice.In an emergency,Landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time,and a FOR LEASE sign on the Premises within the 90 (or ❑ )day period preceding the termination of the agreement. 22.SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises,or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment,transfer,or encumbrance of the Premises,agreement,or tenancy,by voluntary act of Tenant,operation of law,or otherwise,shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date,such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60(or❑ )calendar days after the agreed Commencement Date,Tenant may terminate this agreement by giving written notice to Landlord,and shall be refunded all Rent and security deposit paid. 24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i)give Landlord all copies of all keys or opening devices to Premises, including any common areas; (II) vacate Premises and surrender it to Landlord empty of all persons and personal property; (lit) vacate all parking and storage spaces; (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) dean Premises;(v1)give written notice to Landlord of Tenant's forwarding address;and(vii) all equipment existing in the premises at Commencement of Lease shall remain property of Landlord All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant,prior to expiration of this agreement,breaches any obligation in this agreement, abandons the premises,or gives notice of tenant's intent to terminate this tenancy prior to its expiration,in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises for re-rental.Landlord may also recover from Tenant:(I)the worth,at the time of award,of the unpaid Rent that had been earned at the time of termination;(ii)the worth,at the time of award,of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided;and(iii)the worth,at the time of award,of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by reletting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement,including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild,and is able to complete such restoration within 90 days from the date of damage,subject to the terms of this paragraph,this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis.If this agreement is not terminated,and the damage is not repaired,then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises.If damage occurs as a result of an act of Tenant or Tenant's guests,(i)only Landlord shall have the right, at Landlord's sole discretion, within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant,and(ii)Landlord shall have the right to recover damages from Tenant. 27. HAZARDOUS MATERIALS: Tenant shall not use,store,generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation,or any clean-up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use,either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds,exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE:Tenant's personal property,fixtures,equipment,inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss.In addition,Tenant shall carry liability insurance in an amount of not less than$ 2,000,000.00 .Tenant's liability insurance shall name Landlord and Landlord's agent as additional insured.Tenant, upon Landlord's request,shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least $2,000,000.00 , plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance.Both Landlord and Tenant release each other,and waive their respective rights to subrogation against each other,for loss or damage covered by insurance. a )(Landlord's Initials( )( ) Tenant's Initials( ) Reviewed by ,Date ( MAL Nd61NC CL REVISED 4/13(PAGE 3 of 6) OVPONtUNI1V COMMERCIAL LEASE AGREEMENT(CL PAGE 3 OF 6) 68510 E Palm C ' 68510 East Palm Canyon Drive, Space 140, Cathedral City, CA Premises: 92234 (Approximately 4,853 sf) Date September 19, 2014 30. TENANCY STATEMENT (ESTOPPEL. CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct,and may be relied upon by a prospective lender or purchaser;and(ii)may be treated by Landlord as a material breach of this agreement.Tenant shall also prepare,execute,and deliver to Landlord any financial statement(which will be held in confidence)reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit,only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant,upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part,and to any advances made on the security of the Premises, and to all renewals,modifications,consolidations,replacements,and extensions.However,as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement,unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee,trustee,or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage,deed of trust,or ground lease,and gives written notice to Tenant,this agreement shall be deemed prior to that mortgage,deed of trust,or ground lease,or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s)to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval,modification,or enforcement of this agreement. Landlord may cancel this agreement: (I)before occupancy begins,upon disapproval of the credit report(s); or(ii)at any time, upon discovering that information in Tenant's application is false.A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency,if Tenant fails to pay Rent or comply with any other obligation under this agreement. 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS:Landlord states that the Premises 0 has,or® has not been inspected by a Certified Access Specialist. If so,Landlord states that the Premises 0 has,or❑ has not been determined to meet all applicable construction-related accessibility standards pursuant to Civil Code Section 55.53. 35. ENERGY DISCLOSURE: If this is a lease of the entire building,Landlord shall provide Tenant,at least 24 hours prior to execution of this Agreement, the Disclosure Summary Sheet, Statement of Energy Performance, Data Checklist, and the Facility Summary for the building as required by Public Resources Code Section 25402.10 and California Code of Regulations, Title 20, Sections 1680 through 1685. This requirement is effective for a building with total gross floor area square footage as follows: more than 50,000 square feet, July 1, 2013; more than 10,000 square feet and up to 50,000 square feet, January 1, 2014; and at least 5,000 square feet up to 10,000 square feet, July 1, 2014. For more information, see http://www.energy.ca.gov/ab1103/index.html. 36. DISPUTE RESOLUTION: A.MEDIATION:Tenant and Landlord agree to mediate any dispute or daim arising between them out of this agreement,or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 368(2)below. Paragraphs 36B(2)and(3)apply whether or not the arbitration provision is initialed. Mediation fees, if any,shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies,any party commences an action without first attempting to resolve the matter through mediation,or refuses to mediate after a request has been made,then that party shall not be entitled to recover attomey fees,even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. tt • • - . • • . • • • \ _ _ • • • • . - • . • ■ t • • • a . • • • • • • • . • • . O . • • • • . • . . . • . . . • • t. - • . • ■ • t . . a • . • • • • • . . - • . . "• • • • . • . • a • • Landlord's Initials )( ) Tenant's Initials(()(4_____) A I Reviewed by Date I (DUAL MOUSING OPPOPTIINI/Y CL REVISED 4/13(PAGE 4 of 6) COMMERCIAL LEASE AGREEMENT(CL PAGE 4 OF 6) 68510 E Palm C ' 68510 East Palm Canyon Drive, Space 140, Cathedral City, CA Premises: 92234 (Approximately 4,853 sf) Date September 19, 2014 ■ - • - r • • - . • ■ • - - • ■ - • - • a • • - ■ ■ '. - - • • ■ - • - - • • . • / Topefigo4Risuge 1 37.JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement,jointly with every other Tenant,and individually,whether or not in possession. 38. NOTICE:Notices may be served by mail,facsimile,or courier at the following address or location,or at any other location subsequently designated: Landlord:Cathedral City Downtown Foundation Attn: Tami. Tenant:Bonta Restaurant Scott, Finance Department Attn: Hector & Petra Salvatierra 68700 Avenida Lela Guerrero Cathedral City, CA 92234 Notice is deemed effective upon the earliest of the following:(I)personal receipt by either party or their agent;(II)written acknowledgement of notice;or (iii)5 days after mailing notice to such location by first class mail,postage pre-paid. 39.WAIVER:The waiver of any breach shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach. 40. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises. 41. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: see attached Addendums "A" & "B." The following ATTACHED supplements/exhibits are incorporated in this agreement:❑ Option Agreement (C.A.R. Form OA) 42.ATTORNEY FEES: In any action or proceeding arising out of this agreement,the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant,except as provided in paragraph 36A. 43. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.The parties further intend that this agreement constitutes the complete and exclusive statement of its terms,and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding,if any,involving this agreement.Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon,and inure to the benefit of,the heirs,assignees and successors to the parties. 44. BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs,expenses, or liability for compensation claimed inconsistent with the warranty and representation in this paragraph 42. 45. AGENCY CONFIRMATION:The following agency relationships are hereby confirmed for this transaction: Listing Agent: Desert Pacific Properties (Print Firm Name)is the agent of(check one): ®the Landlord exclusively;or❑ both the Tenant and Landlord. Selling Agent: Coldwell Banker Commercial Lyle & Assoc (Print Firm Name)(if not same as Listing Agent)is the agent of(check one): CI the Tenant exclusively;or ❑ the Landlord exclusively;or❑ both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's Initials(1.P14 )( ) Tenant's Initials( )( ) A L Reviewed by Date Eammamic oppommry CL REVISED 4/13(PAGE 5 of 6) COMMERCIAL LEASE AGREEMENT(CL PAGE 5 OF 6) 68510 E Palm C ' 68510 East Palm Canyon Drive, Space 140, Cathedral City, CA Premises: 92234 (Approximately 4,853 sf) Date September 19, 2014 Landlord and Tenant acknowledge and agree that Brokers: (I) do not guarantee the condition of the Premises; (Ii) cannot verify representations made by others; (iii)will not verify zoning and land use restrictions; (iv)cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi)do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of ,y. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from approp r %•fessionals. Tenant kin /9 Date _191.22_13ZZy 'lector Salvatierra / Q 3 (Print name n /y ea /I T r 1'U City C�0e014-i & r� State Zip ! ` V Address �f �io �7 V I` Tenant . ? < 4e Date 9/7 g/P1 Petra Salvatierra (Print name) t� — Address 6 Y) 'S T 1r1 L44t4- f . City ,0g)ag7 r:/ State Zip 52-2 31i ® GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable consideration, receipt of which is hereby acknowledged, the undersigned ("Guarantor") does hereby: (i) guarantee unconditionally to Landlord and Landlord's agents, successors and assigns,the prompt payment of Rent or other sums that become due pursuant to this Agreement,including any and all court costs and attorney fees included in enforcing the Agreement;(ii)consent to any changes,modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant;and('i)waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this Agreement before see.ng to enforce this Guarantee. Guarantor(Pril�)/' -)H= _ -r P.t - Sa v= rr= Guarantor i �1M WS' Date 116 2Wr. Address Alit1 :the('' n wU e City('4 z , kteLT_c/ State CJ Zip • Telephone O-.7 t 7-.(v 3 Fax E-mail Landlord agrees to rent the Premises on the above terms and conditions. Landlord Cathedral City Downtown Foundation Executive Director,Charlie McClendon Date (owner or agent with authority to enter into this agreement) Address / . . . City State Zip Landlord gel. �` Date (owner or agent with authority to enter into is agreement) Address City State Zip Agency relationships are confirmed as above.Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant. Real Estate Broker(Leasing Firm)Coldwell Banker Commercial Lyle & Assoc BRE Lic.# By(Agent) BRE Lic.# Date Bruce Bushore Address 78000 Fred Waring- Drive. Suite 200 City palm Desert State CA Zip 92211 Telephone (760)285-8380 Fax (760)772-6499 E-mail hbushorelacbclyle.net Real Estate Broker(Listing Firm)Desert Pacific Properties BRE Lic.# 00702492 By(Agent) BRE Lic.# 009.57590 Date Susan Harvey Address 77-933 Las Montanas Rd. Ste. 101 City Palm Desert State CA Zip 92211 Telephone (760)360-8200 Fax (760)360-7580 E-mail susanedppllc.cam ®2013,California Association of REALTORS®,Inc.United States copyright law(Title 17 U.S.Code)forbids the unauthorized distribution,display and reproduction of this form, or any portion thereof,by photocopy machine or any other means,including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: A REAL ESTATE BUSINESS SERVICES,INC. a subsidiary of the California Association of REAL T0RS6 - 525 South Virgil Avenue,Los Angeles,California 90020 Reviewed by Date oT ROUSING, CL REVISED 4/13(PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT(CL PAGE 6 OF 6) 68510 E Palm C ADDENDUM "A"TO COMMERCIAL LEASE AGREEMENT FOR 68-510 EAST PALM CANYON DRIVE SPACE 140, CATHEDRAL CITY CATHEDRAL CITY DOWNTOWN FOUNDATION!BONTA RESTAURANT In the event of a conflict between the terms provided by pages one through six of the Commercial Lease Agreement entered into by and between Cathedral City Downtown Foundation and Bonta Restaurant dated September 19, 2014("Form CL")and this Addendum, the provisions of this Addendum shall control and supersede the contrary or inconsistent provisions in Form CL to the extent of said contrary or inconsistent provisions. With reference to the paragraphs enumerated in the Form CL,the following provisions amend and supersede said paragraphs as set forth below. 2. TERM: C.:RENEWAL OR EXTENSION TERMS: Tenant shall have Three(3)each Five(5)year option periods to extend the Lease upon terms mutually agreeable between Landlord and Tenant with One Hundred Eighty(180)days advanced written notice at a lease rate mutually agreeable between Landlord and Tenant. 8. PARKING: `ED There will be no charge for parking in the parking garage for the term of the Lease, . All parking for the Premises shall be non-exclusive.Tenant understands there is no assigned parking.The city's adjacent parking garage is open to all members of the public. Tenant acknowledges that the parking area to the southeast is temporary only and will not be available when Landlord, in its sole discretion,decides to use that site for another purpose. 14. PROPERTY OPERATING EXPENSES: A.The current common area maintenance charges, estimated to be$0.25 per square foot,are to be paid monthly by the first of each month. 16. RULES AND REGULATIONS: The restaurant will keep regular hours of operation and will remain open year-round. 17. MAINTENANCE: A.TENANT'S OBLIGATIONS: 1. In General.Tenant shall, at Tenant's sole expense, keep the Premises, Utility Installations(intended for Tenant's exclusive use, no matter where located),and Alterations in good order,condition and repair(whether or not the portion of the Premises requiring repairs,or the means of repairing the same,are reasonably or readily accessible to Tenant,and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use,the elements or the age of such portion of the Premises),including, but not limited to,all equipment or facilities such as plumbing, HVAC equipment,electrical,lighting facilities, boilers, pressure vessels,fixtures, interior walls, interior surfaces of exterior walls,ceilings,floors,windows,doors, plate glass,and skylights but excluding any items which are the responsibility of lessor pursuant to Paragraph 17.B. Tenant, in keeping the Premises in good order,condition and repair, shall exercise and perform good maintenance practices,specifically including the procurement and maintenance of the service contracts required by Paragraph 17.A.2. below. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. 2.Service Contracts.Tenant shall, at Tenant's sole expense, procure and maintain contracts,with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i)HVAC equipment, (ii) boiler and pressure vessels,and(iii)clarifiers. However, Landlord reserves the right, upon notice to Tenant,to procure and maintain any or all of such service contracts,and Tenant shall reimburse landlord, upon demand,for the cost thereof. Maintenance contract for the HVAC equipment shall be with Desert Air. 3. Failure to Perform. If Tenant fails to perform Tenant's obligations under this Paragraph 17A, Landlord may enter upon the Premises after ten(10)days'prior written notice to Tenant(except in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf, and put the Premises in good order, condition and repair,and Tenant shall promptly pay to Landlord a sum equal to 115%of the cost thereof. 4. Replacement.Subject to Tenant's indemnification of Landlord as set forth in Paragraph 40,and without relieving Tenant of liability resulting from Tenant's failure to exercise and perform good maintenance practices, if an item Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 7 of 13 Landlord's Initials 04 Tenant's Initials ADDENDUM "A"TO COMMERCIAL LEASE AGREEMENT FOR 68-510 EAST PALM CANYON DRIVE SPACE 140,CATHEDRAL CITY CATHEDRAL CITY DOWNTOWN FOUNDATION/BONTA RESTAURANT 17. MAINTENANCE CON'T: A.TENANT'S OBLIGATIONS CON'T: 4. CON'T:described in Paragraph 17.A.2. cannot be repaired other than at a cost which is in excess of 50%of the cost of replacing such iterh,then such item shall be replaced by Landlord,and the cost thereof shall be prorated between the Parties and Tenant shall only be obligated to pay,each month during the remainder of the term of this Lease,on the date on which Base Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction,the numerator of which is one and the denominator of which is 144(i.e. 11144th of the cost per month). Tenant shall pay interest on the unamortized balance but may prepay its obligation at any time. 5.Tenant shall be responsible for upkeep and maintenance of patio dining area for the Premises; use of patio shall not impede pedestrian traffic. 6.At any time during the term of the Lease should Tenant decide to remove or replace any equipment from the Premises, Landlord shall be given first right of refusal to acquire said equipment. B.LANDLORD'S OBLIGATIONS: 1. Upon execution of Lease, Landlord to service the electrical, plumbing, HVAC,exhaust fans, hoods, grease trap and roof to ensure they are all in good working order. 2. Landlord to provide Tenant with a certificate of recent extermination services. 3. Landlord to paint the exterior of the Premises prior to Lease Commencement so that there are no off-colored areas due to prior graffiti cover ups. 4. Landlord to remove all window stickers. Tenant shall have the right to review and approve prior to Lease Execution. 5. Landlord to ensure the exterior lighting along th fascia of the Premises is working and in good order prior to Lease Commencement. 6. Landlord shall permit Tenant to play live music indoors and on the outdoor patio for happy hour and for private events. Conversely,Tenant shall cooperate with any event being hosted in the Cathedral City Town Square. 7.Tenant will seek permission from Landlord to hold an event on the grassy area in front of the restaurant without any additional increase in rent, provided Tenant obtains any permits required by the City. 18. ALTERATIONS: A.Landlord to designate four(4)short-term(20 minutes)parking spaces. B.Landlord to revamp landscape area on the east side of building at the A.D.A handicapped ramp. C.Tenant,at Tenants sole cost, shall be allowed to install exterior signage on the east and south fascia of the Premises and on both sides of any monument sign.All signage to be designed by Tenant in accordance with City sign ordinance and approved by Landlord. D.Tenant,at Tenant's sole cost, shall be allowed to replace exterior awnings on the east and south fascia of the Premises with prior design approval by Landlord. E.Tenant shall construct and install at its sole cost and expense improvements to the Premises such as furniture,fixtures& equipment based upon plans prepared by Tenant and approved by Landlord, City of Cathedral City,and Riverside County Health Department. F.All of Tenant's Work shall be designed and constructed in accordance with current Premises codes and permit requirements as well as any other local agency regulations including fire and health department requirements.Tenant's Work on behalf of the Tenant within the Premises shall include, but is not limited to the following: Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 8 of 13 Landlord's Initials A Tenant's Initials 'N �� ADDENDUM "A"TO COMMERCIAL LEASE AGREEMENT FOR 68-510 EAST PALM CANYON DRIVE SPACE 140, CATHEDRAL CITY CATHEDRAL CITY DOWNTOWN FOUNDATION/BONTA RESTAURANT 18. ALTERATIONS CON'T: F.CON'T: 1. All improvement to the Premises beyond the scope of Landlord's Work. 2. All soft costs in connection with Tenant's Work,including but not limited to architectural and engineering, permits and fees. 3. All costs for furniture,fixtures and equipment. 22. SUBLETTING/ASSIGNMENT: Tenant has right to sublease the Quick Serve space to another food service-related tenant. Said sublease shall require prior written approval by Landlord. 41. ADDITIONAL TERMS: Landlord to cooperate in obtaining operating license and liquor license. Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 9 of 13 Landlord's InitialsC it Tenant's Initials .46 Is ADDENDUM "B" TO COMMERCIAL LEASE AGREEMENT 68510 East Palm Canyon (Space 140) Cathedral City, California [Tenant: Bonta Restaurant] This Addendum to Commercial Lease Agreement (this "Addendum") is attached to, and modifies, that certain Commercial Lease Agreement, dated for reference as of September 19, 2014, by and between the Cathedral City Downtown Foundation ("Landlord") and Bonta Restaurant ("Tenant") (said Lease is hereafter referred to as the "Lease"), and relates to the Premises described in the Lease, which is Space 140 of the building located at 68510 East Palm Canyon Boulevard. The Lease is modified and amended in the following respects: 1. There is no assigned parking available to the Tenant. The City's adjacent parking garage is open to all members of the public, subject to any regulations pertaining to said garage which the City may adopt from time-to-time. Tenant acknowledges that the parking area to the south east is temporary only and will not be available to Tenant when Landlord, in its sole discretion, decides to use that site for another purpose. 2. Tenant's failure to pay any Monthly Rent, Common Area Expenses, or amounts due under this Lease for two (2) consecutive periods or four (4) periods during any twelve 12) month period, shall be deemed a material and incurable default under this Lease, giving rise to Landlord's right, in its sole discretion, to terminate this Lease upon thirty (30) days' notice. Landlord's decision not to exercise this remedy at any time during the Term of this Lease shall not act to waive Landlord's right to exercise such remedy at a future date during the Term. 3. No outdoor improvements may be made to the Premises without the prior written consent of the Landlord, which consent may be withheld at the sole discretion of the Landlord. Any additions or enhancements beyond the property line of APN 687-198-001, including any expansion of the patio at the south side of the building, would be temporary only and may be required to be removed at Tenant's sole cost at any time, at Landlord's sole discretion. 4. Tenant shall attorn to any new purchaser of the Premises, acknowledging that Tenant's leasehold interest is junior to and subordinate to the new owner's interest in the Premises. Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 10 of 13 Landlord's InitialsOir 1 L Tenant's Initials IV in 5. Tenant covenants and agrees for itself, its successors, that the Premises shall be used solely as a restaurant, except with the prior written consent of the Landlord, which consent may be given or withheld at the Landlord's sole discretion. 6. It is understood and agreed by Tenant that neither Tenant, nor its assigns or successors in interest, shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Premises or any portion thereof to any entity or party, that is partially or wholly exempt from the payment of real property taxes pertinent to the Premises, or any portion thereof, or which would cause the exemption of the payment of all or any portion of such real property taxes. 7. Tenant covenants and agrees for itself, its successors and its assigns that Tenant, and/or such successors and such assigns, shall keep the Premises free from any accumulation of debris or waste material, and shall maintain the Premises and any outdoor area in use by the Tenant in a neat, orderly, healthy and good condition. 8. Tenant covenants and agrees for itself, its successors and its assigns that there shall be no discrimination against or segregation of any person, or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises; nor shall Tenant itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Premises. Notwithstanding any provision of this paragraph, none of the cited statutes shall apply to the extent that they deal with housing of any kind. 9. Tenant agrees that the covenants set forth in this Addendum shall bind Tenant, for and its successors and assigns, and all subsequent holders of any interest in the Properties and shall consist of the following: a. In leases or subleases: "The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 11 of 13 Landlord's Initials Tenant's Initials Ai sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the tenant or sublessee or any person claiming under or through either of said parties, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. b. In contracts: There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the tenant or sublessee or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. 10. Landlord is deemed the beneficiary of the terms and provisions of this Addendum for and in its own rights and for the purposes of protecting the interests of the community. Landlord shall have the right, if such covenants are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or such other proper proceedings to enforce the curing of such breaches to which it or any other beneficiary of such covenants may be entitled, including, without limitation, to specific performance, damages and injunctive relief. Landlord shall have the right to assign all of its rights and benefits hereunder to the City. CATH\0025\DOC\118-1 6\26\14 200 law Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 12 of 13 Landlord's InitialsO W— Tenant's Initials_____g/43) • RENT SCHDULE FOR COMMERCIAL LEASE AGREEMENT FOR 68-510 EAST PALM CANYON DRIVE,SPACE 140, CATHEDRAL CITY CATHEDRAL CITY DOWNTOWN FOUNDATION I BONTA RESTAURANT 3. BASE RENT: Tenant agrees to pay Base Rent at the rate of: INITIAL FIVE(5)YEAR LEASE TERM: YEAR ONE: DECEMBER 2014: $4,853.00 JUNE 2015: $4,853.00 JANUARY 2015: ABATED JULY 2015: ABATED FEBRUARY 2015: ABATED AUGUST 2015: ABATED MARCH 2015: ABATED SEPTEMBER 2015: ABATED APRIL 2015: $4,853.00 OCTOBER 2015: $4,853.00 MAY 2015: $4,853.00 NOVEMBER 2015: $4,853.00 YEAR TWO: DECEMBER 2015: $5,096.00 JUNE 2016: $5,096.00 JANUARY 2016: $5,096.00 JULY 2016: $5,096.00 FEBRUARY 2016: $5,096.00 AUGUST 2016: $5,096.00 MARCH 2016: $5,096.00 SEPTEMBER 2016: $5,096.00 APRIL 2016: $5,096.00 OCTOBER 2016: $5,096.00 MAY 2016: $5,096.00 NOVEMBER 2016: $5,096.00 YEAR THREE: DECEMBER 2016: $5,338.00 JUNE 2017: $5,338.00 JANUARY 2017: $5,338.00 JULY 2017: $5,338.00 FEBRUARY 2017: $5,338.00 AUGUST 2017: $5,338.00 MARCH 2017: $5,338.00 SEPTEMBER 2017: $5,338.00 APRIL 2017: $5,338.00 OCTOBER 2017: $5,338.00 MAY 2017: $5,338.00 NOVEMBER 2017: $5,338.00 YEAR FOUR: DECEMBER 2017: $5,498.00 JUNE 2018: $5,498.00 JANUARY 2018: $5,498.00 JULY 2018: $5,498.00 FEBRUARY 2018: $5,498.00 AUGUST 2018: $5,498.00 MARCH 2018: $5,498.00 SEPTEMBER 2018: $5,498.00 APRIL 2018: $5,498.00 OCTOBER 2018: $5,498.00 MAY 2018: $5,498.00 NOVEMBER 2018: $5,498.00 YEAR FIVE: DECEMBER 2018: $5,663.00 JUNE 2019: $5,663.00 JANUARY 2019: $5,663.00 JULY 2019: $5,663.00 FEBRUARY 2019: $5,663.00 AUGUST 2019: $5,663.00 MARCH 2019: $5,663.00 SEPTEMBER 2019: $5,663.00 APRIL 2019: $5,663.00 OCTOBER 2019: $5,663.00 MAY 2019: $5,663.00 NOVEMBER 2019: $5,663.00 During the months in which rent is abated,Tenant shall still be responsible for payment of Tenant's portion of the CAM charges. Landlord and Tenant acknowledge receipt of copy of this page,which constitutes Page 13 of 13 Landlord's Initials QJtL Tenant's Initials . Q 1— E3 X I- . N. „ W Z ., cn Q 111111 K >-� ,- _ , � 0 z I _ _� 1 II w II w �� II > 0 II ,___ II \ ( ii w 1,, ,__.