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Document Preview Standard Multi-Tenant Office Lease (Gross) |
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Title: |
Standard Multi-Tenant Office Lease (Gross) |
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Entities: |
American Industrial Real Estate Association; Chicago Title Insurance Co.; Electronic Clearing House Inc.; Sheehan Family Trust |
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Date: |
2003 |
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Size: |
Preview shows 12KB of 193KB total |
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Price: |
$54 |
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ID: |
#198067 |
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Start of Preview |
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STANDARD MULTI-TENANT OFFICE LEASE - GROSS
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
1. BASIC PROVISIONS ("BASIC PROVISIONS").
1.1 PARTIES: This Lease ("Lease"), dated for reference purposes only May
-----
21, 2003 , is made
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by and between 1989 Sheehan Family Trust dated October 24, 1989 ("LESSOR")
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and Electronic Clearing House, Inc., a Nevada Corporation("LESSEE"),
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(Collectively the "PARTIES", or individually a "PARTY").
1.2(a) PREMISES: That certain portion of the Project (as defined below),
known as Suite Numbers(s) 200 ,
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2nd floor(s), consisting of approximately 20, 030 rentable square feet and
--- ------------
approximately 20, 030
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useable square feet("PREMISES"). The Premises are located at: 730 Paseo
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Camarillo , in the City of
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Camarillo , County of Ventura , State of California ,
------------------ ------------------ ----------------
with zip code 93010. In addition to Lessee's rights to use and occupy the
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Premises as hereinafter specified, Lessee shall have non-exclusive rights to the
Common Areas (as defined in Paragraph 2.7 below) as hereinafter specified, but
shall not have any rights to the roof (see Rules & Regulations #15), the
exterior walls, the area above the dropped ceilings, or the utility raceways of
the building containing the Premises ("BUILDING") or to any other buildings in
the Project. The Premises, the Building, the Common Areas, the land upon which
they are located, along with all other buildings and improvements thereon, are
herein collectively referred to as the "PROJECT." The Project consists of
approximately 40,030 rentable square feet. (See also Paragraph 2)
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1.2(b) PARKING: 136 unreserved and ------------reserved vehicle parking
--- ------------
spaces at a monthly cost of $-------------------per unreserved space and
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$------------------ per reserved space. (See Paragraph 2.6)
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1.3 TERM: Five (5) years and Zero (0) months ("ORIGINAL TERM") commencing
-------- ---------
October 1, 2003("COMMENCEMENT DATE") and ending September 30, 2008("EXPIRATION
----------------- ------------------
DATE"). (See also Paragraph 3)
1.4 EARLY POSSESSION: May 26, 2003 ("EARLY POSSESSION DATE"). (See also
------------
Paragraphs 3.2 and 3.3)
1.5 BASE RENT: $22, 033.00 per month ("BASE RENT)", payable on the 1st day
----------- ---
or each month Commencing November 1, 2003. (See also Paragraph 4)
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[X] If this box is checked, there are provisions in this Lease for the Base
Rent to be adjusted.
1.6 LESSEE'S SHARE OF OPERATING EXPENSE INCREASE: Fifty percent (50%)
----- ---
("LESSEE'S SHARE"). Lessee's Share has been calculated by dividing the
approximate rentable square footage of the Premises by the total approximate
square footage of the rentable space contained in the Project and shall not be
subject to revision except in connection with an actual change in the size of
the Premises or a change in the space available for lease in the Project.
1.7 BASE RENT AND OTHER MONIES PAID UPON EXECUTION:
(a) BASERENT:$22, 033.00 for the period October 2003
------------ ------------------------
(b) SECURITY DEPOSIT: $22,033.00 ("SECURITY DEPOSIT"). (See also
------------
Paragraph 5)
(c) PARKING:$-------------- for the period
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(d) OTHER:$3,000.00 for Furniture/ Equipment Fee for October 2003
--------- -------------------------------------------
(e) TOTAL DUE UPON EXECUTION OF THIS LEASE: $47,066.00
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1.8 AGREED USE: General office use with "call center" operations.
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--------------------------------------------------------- (See also Paragraph 6)
1.9 BASE YEAR; INSURING PARTY. The Base Year is 2000. Lessor is the
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"INSURING PARTY". (See also Paragraphs 4.2 and 8)
1.10 REAL ESTATE BROKERS: (See also Paragraph 15)
(a) REPRESENTATION: The following real estate brokers (the "BROKERS")
and brokerage relationships exist in this transaction (check applicable boxes):
[X] CB Richard Ellis, Inc. represents Lessor exclusively ("LESSOR'S BROKER");
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[X] DAUt4 Commercial Real Estate Services represents Lessee exclusively
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("LESSEE'S BROKER"); or
[ ] represents both Lessor and Lessee ("DUAL AGENCY")
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(b) PAYMENT TO BROKERS: Upon execution and delivery of this Lease by
both Parties, Lessor shall pay to the Brokers the brokerage fee agreed to in a
separate written agreement for the brokerage services rendered by the Brokers).
1.11 GUARANTOR: The obligations of the Lessee under this Lease shall be
guaranteed by
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------------------------------------------ ("GUARANTOR"): (See also Paragraph 7)
{PAGE}
1.12 BUSINESS HOURS FOR THE BUILDING: SEE ADDENDUM
: 7:00 am. to 7:00 p.m., Mondays through Fridays (except Building
---- -----
Holidays) and 8:00 a.m. to 1:00 p.m. on Saturdays (except Building
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Holidays). "BUILDING HOLIDAYS" shall mean the dates of observation of New Year's
Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day, and
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1.13 LESSOR SUPPLIED SERVICES. Notwithstanding the provisions of
Paragraph 11.1, Lessor is NOT obligated to provide the following:
[X] Janitorial services
[X] Electricity
[X] Other (specify): See Section 11
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1.14 ATTACHMENTS. Attached hereto are the following, all of which
constitute a part of this Lease:
[X] an Addendum consisting of Paragraphs 51 through 67 ;
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[X] a plot plan depicting the Premises;
[X] a current set of the Rules and Regulations;
[ ] a Work Letter;
[ ] a janitorial schedule:
[X] other (specify): Standard Offer, Agreement and Escrow Instructions for
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Purchase of Real Estate, Addendum, Seller's Mandatory Disclosure Statement
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2. PREMISES.
2.1 LETTING Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the Premises, for the term, at the rental, and upon all of the terms,
covenants and conditions set forth in this Lease. Unless otherwise provided
herein, any statement of size set forth in this Lease, or that may have been
used in calculating Rent, is an approximation which the Parties agree is
reasonable and any payments based thereon are not subject to revision whether or
not the actual size is more or less. NOTE: LESSEE IS ADVISED TO VERITY THE
ACTUAL SIZE PRIOR TO EXECUTING THIS LEASE.
2.2 CONDITION. Lessor shall deliver the Premises to Lessee in a clean
condition on the Commencement Date or the Early Possession Date, whichever first
occurs ("START DATE"), and warrants that the existing electrical, plumbing, fire
sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"),
and all other items which the Lessor is obligated to construct pursuant to the
Work Letter attached hereto, if any, other than those constructed by Lessee,
shall be in good operating condition on said date.
2.3 COMPLIANCE. Lessor warrants that the improvements comprising the
Premises and the Common Areas comply with the building codes that were in effect
at the time that each such improvement, or portion thereof, was constructed, and
also with all applicable laws, covenants or restrictions of record, regulations,
and ordinances ("Applicable Requirements") in effect on the Start Date. Said
warranty does not apply to the use to which Lessee will put the Premises,
modifications which may be required by the Americans with Disabilities Act or
any similar laws as a result of Lessee's use (see Paragraph 50), or to any
Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to
be made by Lessee. NOTE: LESSEE IS RESPONSIBLE FOR DETERMINING WHETHER OR NOT
THE ZONING AND OTHER APPLICABLE REQUIREMENTS ARE APPROPRIATE FOR LESSEE'S
INTENDED USE, AND ACKNOWLEDGES THAT PAST USES OF THE PREMISES MAY NO LONGER BE
ALLOWED. IF THE Premises do not comply with said warranty, Lessor shall, except
as otherwise provided, promptly after receipt of written notice from Lessee
setting forth with specificity the nature and extent of such non-compliance,
rectify the same. If the Applicable Requirements are hereafter changed so as to
require during the term of this Lease the construction of an addition to or an
alteration of the Premises, the remediation of any Hazardous Substance, or the
reinforcement or other physical modification of the Premises ("Capital
Expenditure"), Lessor and Lessee shall allocate the cost of such work as
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