13-099 Lease Agreement Imtiaz and Huma Shaikh for 22241 McClellan Rd (Simm's House) OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223^FAX: (408)777-3366
C U P E RT[N® WEBSITE:www.cupertino.org
March 2, 2015
Imtiaz and Huma Shaikh
22241 McClellan Road
Cupertino, CA 95014
AGREEMENT
Enclosed is a fully executed copy of your lease agreement with the City of Cupertino. If you have any
questions or need additional information, please contact Christine Hanel in the Recreation and
Community Services Department at(408) 777-3125.
Sincerely,
Andrea Sanders
City Clerk's Office
Enclosure
cc: Recreation and Community Services
SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND IMTIAZ SHAIKH AND HUMA SHAIKH
This Second Amendment to the Lease Agreement between the City .of Cupertino and
Imtiaz and Huma Shaikh;for reference dated June 17, 2013, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and Imtiaz and Huma Shaikh
individuals (hereinafter "Tenant") whose address is 22241 McClellan Road, (hereinafter
"Pro ert "),and is made with reference to the following:
RECITALS:
A. On Jure 17, 2013,the City and Imtiaz and Huma Shaikh entered into a Lease
Agreement(hereinafter "Agreement").
B. City and Tenant desire to modify the Agreement on the terms and conditions'set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Pursuant to Paragraph 2(b) of the Agreement, the City and the Tenant hereby exercise
the option to extend the term of the Lease through June 30,2015.
2. Except as expressly modified herein, all other terms'and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification .of
Agreement to be executed.
TENANTS CITY OF CUPERTINO
I , A Munw4pal Corporation
By /
Imtiaz Shaikh City Manager
` Ae-- APP OVED AS TO FO
Huma Shaikh l
By
City Attorney_
Ito
July S, 2013
Imtiaz & Hua Shaikh
22241 McClellan Road
Cupertino, CA 95014
Ike.- Agreement
OFFICE of THE CITY CLERK
CITY HALL
10300 TORRE AVENUE * CUPEI TINO, CA 95014 -3255
TELEPHONE: (408) 77-3223 9 'AX: (408) 777-3366
WE SITE: www.cupertino.org
Enclosed is an original copy of your agree ment with the City of Cupertino. If you have any
questions or need additional information, please contact Christine Hanel at 408- 777 -3125.
Sincerely,
Brittany Carey
Senior Office Assistant
City Clerk's office
Enclosure
e+ Parks & Recreation
LEASE AGREEMENT
BETWEEN
CITY OF GUPERTINO AND IMTIAZ AND MUMA SHAIKH
FOR 22241 MCCLELLAN ROAD (SIMMFS HOUSE)
This Lease Agreement "Lease ") is entered into as of the 171" day of June, 2013, by and between
CITY of CUPERTINO ( "City" or "Landlord,"), a California municipal corporation and IMTIAZ SHAIKH and
ICU A SHAIKH ("Tenant".
RECITALS
A. Landlord is the owner of certain- real property commonly described as being located at 22241
McClellan Road in the City of Cupertino, Counter of Santa Clara, California (commonly known as the
Simm's douse); and
B. Tenant desires to lease from Landlord the house and lot thereon.
NOW THEREFORE, in consideration of the pro 'rnises and covenants contained herein a for other good
and valuable consideration, the parties hereby agree- as follows.
DESCRIPTION 1. of PROPLRTYTO BE LEASED.
Landlord leases to Tenant and Tenant teases from Landlord the property located at 22241
McClellan Road, Cupertino, California, (the "Property"'), which consists of a parcel of lend and a structure
of approximately 2,500 square feet'of interior space (the"Main Building" ) more particularly described
in Exhibit " ."'The Property also includes an area of open, unpaved space at the front of the property
along McClellan Road (the "'Unimproved Area ").
2. LEASE TERM,
a. Initial Terra, The terra of this Lease shall be for a period of one (1) year commencing n July 1,
2013 (""Commencement Date ") and ending June 30, 2014.
b. option to Renew. Upon mutual agreement of City and Tenant, the initial term of this Lease
may be extended for up to one gear, on the sane terms, covenants, and conditions of this Lease, except
for the Rent, which shall increase by no more than three percent 8 during the period of the extended
term. To exercise the option to renew, Tenant must give written notice (the "option Notice ") of its
interest in extending the tOrm to the City at least two ) months but -not more than three (3) months
before the expiration of the initial term, a nd Tenant must not be in default under this" lease, either on
the date of the option Notice or at the time the extension period commences. City shall review the
Option Notice and approve or deny the request prior to expiration of the Initial Term, If the City denies
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the request this Lease shall expire at the end of the initial terra. Tenant shall have no other rights to
extend the term beyond the Extension Period.
3. RENT.
In consideration for the lease of the Property described in this Agreement, Tenant shall pay Landlord as
follows:
a. Rent. Tenant.shall may monthly rent to the City, without deduction or setoff, in the amount of
two thousand semen hundred fifty dollars ($2,,750.00). Rent shall be payable in on or before the first (1st)
day of each calendar month without notice or demand of any kind by Landlord. All payments shall be
submitted to City of Cupertino, Attn: Director of General Services, 10300 Torre Avenue, Cupertino, CA
95014.
b. Late Charges: In the event that any installment of rent or any other sure due by Tenant is
not received by Landlord within five (5) days after the due date, rent is deemed late and delinquent and
a late charge equal to six percent ) of the overdue amount shag be assessed as additional rent.
4. MOLDING OVER.
if Tenant remains in possession of the Property with City -'s consent after the expiration ofthe
tern's of this lease, such possession by City shall be construed to be a tenancy from month to month,
terminable upon thirty ) days written notice given at any time by either party. The same terms and
conditions contained in this Lease shall apply to any'month -to -month tenancy, provided that the
monthly base rent shall be one and one -half tines the monthly rent payable immediately preceding th-e
termination date of this Lease.
5. TENANT'S USE OF THE PopEITI.
a, Allowed and Required Uses. Tenant shall continuously use and occupy the Premises as a
residence. Tenant shall not use the property for any other purpose without the written consent of
Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Tenant, at Tenant's
sole cost and expense, shall comply with all applicable municipal, state and federal statutes, ordinances,
rules and regulations in effect during the term of this Lease regulating the use by Tenant of the
Premises. No pets are allowed without written consent of the Landlord. The Tenant's use of the
premises is subject to the following restrictions:
1. The use by the Tenants of the Unimproved Area is not exclusive. The Landlord
retains an unrestricted right of entry to the Unimproved Area of the lot for any and all
purposes and -at any frequency without notice.
2. The Unimproved Area may be utilized from time to time for parking in
conjunction with the utilization by the public of the adjacent city park land. Tenant
understands and agrees that Tenant's use of the Unimproved Area includes the right to
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use that Area jointly with the City, and ackno wledges that Tenant does not have
e clusive use of the Area . City shall not be Ilable in any manner for a ny inconvenience,
disturbarnce, or other damage arising out of the shared' use of the Unirnproved Area for
parking or any other City use.
3. Any government agency having jurisdiction over Stevens Creek and
appurtenant. rights of way may prohibit Tenant's right of entry to Stevens Creek or over
said rights of way.
4. The Tenants have no right of access or use of the garage located adjacent to the
main building. Tenants are required to park their vehicles in front of the Main Building.
5. The Tenants nay, at their discretion, perform gardening at the perimeter of the
Main Building.
b. Prohibited Uses. Tenant shall not use nor permit the use of the Property in any manner
that will tend to create waste or nuisance or disturb other tenants and members of the public. No use
shall be made or permitted to be made of said Property, 'nor acts done, which will increase the existi
interior walls, ceilings, windows, doors or plate glass. Landlord shall have no obligation to rake repairs
under this Section until a reasonable time after receipt of written notice from Tenant of the need for
such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would
otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease
because of Landlord's failure to keep the Property in good order, condition and repair.
d. Tenant"s Maintenance Obligations. other than those obligations of the Landlord described to
Paragraph 5(c), Tenant, at Tenant's expense, shall keep in good order, condition and repair the Property
and every part thereof including, without limiting the generality of the f regoing, all plumbing, electrical
and lighting facilities, and equipment within the Property, interior walls, ceilings, windows, doors, and
glass, located within the Property. The Tenant shall provide and maintain the washing machine, dryer
and refrigerator.
e. Failure to perform T'omtit's Obligations. If Tenant fails to perform Tenant's obligations under
this Section or under any other section of this Lease, Landlord may at Landlord's option enter upon the
Main Building after ten 1) days' prior written notice to Tenant except in case of emergency, in which
case no notice shall be required), perform such obligations on Tenant's behalf a-nd put the Property in
good order, condition and repair, and the cost thereof together with interest thereon at the maximum
rate then allowable by law shall be due and payable as additional rent to Landlord together with
Tenant's next rental installment.
7. CONDITION of PROPERTY; SURRENDER.
DE .
a. Tenant accepts the Property and the leased fixtures and equipment as being in good and
sanitary order, condition and repair, and agrees to surrender the Property in as good condition as
received, except for normal wear and tear, clean and free of debris. Tenant further agrees to remove all
of Tenant's property that is not a future of or permanent attachment to the Property, pr that is owned
and was installed by Tenant during the term of this Lease. Tenant shaII Tepaiir arty damage to the
Premises occasioned by the install4tion or removal of its furnishings and equipment.
b. If,u on expiration or termination of this Lease, Tenant fails to remove any personal property
belonging to Tenant from the premises, such property shall at City's option at any time after thirty )
days from the dame of expiration or termination be deemed to have been transferred to City, and City
shll have the right to remove and dispose of such property without liability to Tenant.
8. INSURAN E:
a. Tenant's Insurance. Tenant shall obtain and maintain for the duration-of this Lease and any
extension periods a renter-.s insurance policy that provides a minimum of $500,000 in comprehensive
liability coverage. Tenant shall provide proof of such policy- to the City upon execution of this lease and
updates as requested by City.
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b. Landlord's Insurance. Landlord shall either self - insure or maintain fire and extended coverage
insurance throughout the term of this Lease in an amount equal to at least ninety (90%) percent of the
value of the building, which includes the Premises, together with such other insurance, including not
limited to, loss of rats, flood insurance, all liability insurance, and such other insurance as Landlord
deems necessary or that may be required by any governmental agency. Tenant hereby waives any right
of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of recovery
-from Tenant, its officers or employees, for any loss or damage (including consequential loss) resulting
from any of the perils insured against in the standard form fire insurance. policy with extended
coverage endorsement.
9. INDEMNIFICATION of LANDLORD.
Tenant hereby expressly waives all claims against the City for darn ages to goods, furniture and
equipment in, upon or about the Property, and for injuries to persons ire, upon or about the Property,
from any cause arising at any time during the Lease term. Tenant shall indemnify, defend and hold the
City, its officers, agents, employees and volunteers harmless, from and against (1) any and all claims of
liability, loss or expenses in connection with any claim, demand or action asserted against the City, for
any damage to property or injury or death to any person occurring in or about the premises, or related
to the use of'the Property by Tenant or Tenant's guests or invitees; (2) any and all claims of liability, loss
or expenses in connection with any claim, demand or action asserted against the City, arising out of
Tenant's failure to perform any provision of this lease or Tenant's failure to keep the Property in good
condition and repair, or any act or omission by Tenant, its agents, contractors, invitees, or employees;
and (3) all damages, liability, fines, penalties, loss, expenses or injury and any other consequences
arising from Tenant's use and occupartion of the Property, including, but not limited to, any claim,
liability, loss, or damage arising by reason of death. or injury of any person, the damage to or destruction
of any property of any person; and any work performed on said Premises or materials furnished to said
Premises at the instance or request of Tenant or its agents or employees.
10. ABANDONMENT LENT of PERSONAL PROPERTY.
Tenant shall not vacate or abandon the Premises at any time during the term of this Lease; and
if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or
otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be
abandoned, at the option of Landlord.
11. UTILiTIE .
Tenant shall pay, as they become dire, all charges for telephone, heat, electric, gas, garbage and
all other utilities furnished to or consumed on the Property during the term of this lease, with the
exception of water, which Landlord shall pay.
13. PROPERTY UNINHABITABLE; REMEDY.
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If the Property is wholly or partially destroyed by fire, earthquake or any other cause
whatsoever., renting the Property totally or partially inaccessible or unusable, or if the Property is injured
by any cause which necessitates an a penditure of more than forty (40%) percent of its fair market value
to repair and restore it, or if more than forty percent (40%) of the floor area, measured in square feet, is
destroyed, the City may, at its option, elect to terminate this Leese by giving notice to Tenant within
sixty (60) days from the date of the destruction or injury. If the City does not terminate the Lease..
Tenant's rent shall be abated, from the date of destruction until restoration is completed, in an amount
proportionate to the extent. to wh ich destruction interferes with Tenant's use of the premises. In no
event shall City be u nder an obligation or duty to restore the Property. If the City elects to restore the
Property, it shall proceed with reasonable diligence, but shall not be liable for any delay, other than an
abatement of rent during the time that the Property remains uninhabitable. The words "restore" and
"restoration ".. shall not include or apply to any fixture, equipment or additions of-any kind, or any
Property whatever placed in Qr upon the Property by Tenant or anyone acting on their behalf. In making
restorations, the City may use similar and/or changed workmanship and/or architecture. Immediately
upon completion of repairs, the full amount of rent -hereund r reserved shall be due and payable. For
the purposes of this Lease, the Property shall be deemed "uninhabitable" if it is roperative as a
restaurant and bar business, or if any public agency deems it unsafe or unhealthy for human habitation
or use as a restaurant and bar business.
If the City does not elect to terminate the Lease, and -does not commerce restoration of the Property
withi..n one hundred t wenty (120) days from the date of destruction or injury, Tenant may,, at its option,
terminate this Lease upon written notice to the City.
14. ASSIGN M ENT AND SUBLETTING.
Tenant shaft not, withobt Landlord's prior written consent, which consent may be withhe Id in
Landlords sole and absolute discretion, sublet the Premises or any part thereof or assign this Lease.
15. EMINENT DOMAIN.
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a. Total Condemnation. In the event of a t tai condemnation of the Property during the Lease
term, this Lease shall terminate as of the date actual physical possession of the Property is taken by the
-condemnor. All compensation acrd damages awarded for such total condemnation shall belong to, and
be the sole Property of the City, and Tenant shall have no claim thereto, and hereby irrevocably assign
and transfer to the City any right to compensation or damages they may become entitled, provided
however, the Tenant shall be entitled to receive any award that may be made for the taking of or
damage to Tenant's trade fixtures and any improvements made by Tenant to the Property which Tenant
would have ,had, but for the condemnation, the right to remove upon expiration or termination of this
Lease.
b. Bent Due on Total Condemnation, or termination of this Lease by a total condemnation of
the- Property, all rent and other charges payable by Tenant to or on behalf of the City pursuant to this
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Lease shall be paid up to the date on which actual physical possession of the Property is taken by the
condemnor, and the parties hereto shall thereafter be released from all further liability under this Lease.
c. Partial Condemnation. In the event of a partial condemnation of the Property during the
Lease terra, this Lease shall terminate as to the portion of the Property so taken on the date when actual
physical possession of said portion is taken by the condemnor; -and the partis hereto shall each have
the option to terminate this Lease by giving written notice to the ether, within thirty ( ) days after
actual physical possession of said portion is taken by the condemnor. If neither party terminates this
Lease. as herein provided, then this Lease shall continue in full force and effect as to the remainder of
the Property not condemned; provided, however, that the rent payable by Tenant for the balance of the
Lease term shail be abated in the ratio that the square footage of enclosed floor space of the Property
bears to the total floor space of the Property upon such condemnation. Upon partial condemnation, all
compensation and damages awarded for such -condemnation shall belong to and be the sole Property of
the City; and Tenant shall have no claim thereto and hereby irrevocably assign and transfer any right
they may have had to share in the award to the City; provided, however, that Tenant shall be entitled to
receive any, award made for the taking of, or damage to, Tenants' trade fixtures and any improvements
made by Tenant to the Property which Tenant would have hard, but for the condemnation, the right to
remove upon expiration or termination of this Lease.
d. Rent on Partial Condemnation. Upon termination of this Lease in part, as herein provided, all
rent and other charges payable by Tenant to or on behalf of the City pursuant to this Lease, shall be paid
up to the date on which actual physical possession is taken by the condemnor of that part of the
Property being condemned; and Tenant shall thereafter be liable only for that portion of rent required
for the balance of the Lease term as herein provided.
16. DEFAULT.
a. The occurrence of any of the following shall constitute a default by Tenant:
(1) Failure to pay rent when due, if the failure continues for ten (10) days after the due
date.
(2) Abandonment and vacation of the premises (failure to occupy and operate the
premises for twenty (20) consecutive days unless excused by the City shall be deemed an
abandonment and vacation).
(3) The making by Tenant of any general assignment or general arrangement for the
benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged
bankrupt or a of a petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against Tenant the same is dismissed within
sixty (0 ) days); the apportionment of a trustee or receiver to take possession of substantially all
of tenant's assets, w here possession is not restored. to Tenant within forty -fi re 4) days; or the
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attachment, execution, or other judicial seizure of substantially all of Tenant's assets, where
such seizure is not discharged within thirty (30) days.
(4 ) Failure to perform any other provision of this Lease if the failure to perform is not-
cured within fifteen (15) days or-the time stated In City's notice to Tenant. If the default cannot
reasonably be cured within the period specified. in the notice, Tenant shall not be in default of
this Lease if Tenant commences to cure the default within the period and diligently and in good
faith continues to cure the default.
b. Notices glen. under this section shall specify the alleged default and.the applicable' Lease
-provisions, and shall demand that Tenant perform the provision of this lease or pay the rent or other
payment that is in arrears, as the,oase may be, within the applicable period of time, or quit the
premises. No such notice shall be deemed a forfeiture or a, termination of this lease unless City so elects
in the notice.
17. CITY'S REMEDIES IN THE EVENT of DEFAULT
City shall have the following remedies if Tenant commits a default. These remedies are not
exclusive; they are cumulative in addition to any remedies now or later allowed by law.
a. Tenant's i hit t Possession Not T rminated. City can continue this lease in full force' and
effect, and the lease will continue in effect as long as City does not terminate Tenarnt "s right to
possession, and Tenant shall have the right to collect rent when due. During the period Tenant is in
default, City can enter the Property and relet it, or any part of it, to third parties for Tenant's account.
Resetting can be for a period shorter or longer than the remaining terra of this Lease. Tenant shall pay to
City the rent due under this lease on the dates the rent is due, less the rent City receives from any
reletting. No act by City allowed by this paragraph shall terminate the Lease unless City notifies Tenant
that City elects to terminate the Lease. After Tenant's default and for so long as City does not terminate
Tenant's right to possession of the Property, Tenant shall have the right to assign or sublet its interest in
this Lease if Tenant. obtains City's consent, but Tenant shall not be released from liability.
If City erects to relet the Property as provided in this section, rent that City receives shall be
applied to the payment of: First, any indebtedness from Tenant to City other than rent due from Tenant;
second, all costs; including maintenance costs, incurred by City in reletting; third, rent due and unpaid
under this I -ease. After deducting the payments referred to in. this paragraph, any sum remaining from
the rent City receives for reletting shall be held by Cltyand applied in payment of future rent as rent
becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by City. If,
on the date the rent is due under this lease, the rent received from the reletting is less than the rent due
on that date, Tenant shall pay to City, in addition to the remaining rent due, all costs, including for
maintenance, Landlord incurred in reletting that remain after applying the rent received from the
reletting as provided in this paragraph.
b. Termination of Tenant's right to possession. City can terminate Tenant's right to possession
of the Property at any time. No act by City other than giving notice to 'Tenant shall terminate this lease.
Acts of m- aintenance, efforts to re let the Property, or the appointment of a receiver on City's initiative to
protect City's interest under this Lease shall riot constitute a termination of Tenant's right to possession.
On termination, City has the right to recover the following from Tenant:
(1) the worth, at the time of award, of the unpaid rent that had been earned at the time of
termination of this lease;
(2) the worth, at the time of award, of the amount by which the unpaid rent that would have
been earned after the date of termination, of this Lease until the time of award exceeds the amount of
loss of rent that Tenant proves could have reasonably been avoided;
(3) 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 the loss of rent that Tenant proves could have
reasonably been avoided; and
(4) any other amount, and court costs necessary to compensate City for all detriment
proxim ate l aused by Tenants default.
c. Appointment of Receiver. If Tenant is in default of this Lease City shall have the right to have a
receiver appointed'to collect rent and conduct Tenant's business. Neither the filling of a petition for
appointment of a receiver nor the appointment itself shall constitute and election by City to terminate
this Lease, nor shall such petition or appointment as initiated by City be construed as default of this
lease by Tenant.
d. it 's Iii ht to Cure. City, at any time after Tenant comrnits a default, cart cure the default at
Tenant's cost. If City at any time, by reason of Tenant's default, pays any sum or does any act that
rewires -payment of any sum, the sum paid by City shall be due immediately from Tenant at the time
the. sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is
permitted by laver to charge from the date the sum is paid by City until Tenant reimburses City. The sure,
together with all interest on it, shall be the additional rent.
1. SECURITY DEPOSIT.
Tenant, contemporaneously with the execution of this Lease, has deposited with Landlord the
sure of Two Thousand Two Hundred Dollars ,00), receipt of which is hereby acknowledged by
Landlord, said deposit-being given to secure the faithful performance by the Tenant of all of the terms,
covenants, and conditions of this Lease by the Tenant to be Kept and performed during the terra hereof,
Tenant agrees that -if the Tenant shall fail to pay the rent herein reserved promptly when due said
deposit may, at the option of the Landlord (but Landlord shalt not be rewired to) be applied to any rent
due and unpaid, and if the Tenant violates arty of the other terms, covenants, and conditions of this
Lease, said Deposit shall be applied to any damages suffered by Landlord as a result of Tenant's default
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to the extent of the amount of the damages suffered. Landlord Shall not be required to keep such
deposit separate from its general accounts.
Nothing contained in this Article shall in any way diminish or be construed as waiving any of the
Landlord's other remedies. as provided herein, or by lave or in equity. Should the entire security
deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of
overdue rent or other sums due and payable to Landlord by Tenant hereunder, then-Tenant shall, on
the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore
said security deposit to its original amount, and Tenant's failure to do so within fifteen 1) days after
receipt of such demand, shall constitute a breach of this Lease. Should Tenant comply- with ail -I of the
terns, covenants, and conditions of this Lease and promptly pay all of the rental herein provided for as
it falls due, and all other sums payable-by Tenant to Landlord hereunder, said security deposit shall be
returned in Full to Tenant at the end of the terra of this Lease, or upon the earlier termination of this
Lease, except in the event the Premises are sold as a result of the exercise of any power of sale under
airy mortgage or deed of trust, irk which event this Lease shall be automatically amended to delete any
reference to this Section, and Tenant shall be entitled to immediate reimbursement of its security
deposit from the party then holding said deposit. This Lease does not create a trust relationship
between Landlord and Tenant with respect to such security deposit, and Landlord shall be entitl d to
treat such security deposit as Landlord's own property.
19. LEASE SUBORDINATE.
a. This Lease shall be subordinate to any mortgages, trust deeds, or bond indentures that are
now or may hereafter be placed upon. the Property, to any and all advances made or to be rnade
thereunder, to the interest thereon, and to all renewals, replacements and extensions thereof, provided
the mortgagee or beneficiary named in the mortgages, trust deeds or bond indentures agrees to
recognize Tenant's Lease in the event of foreclosure if Tenant are not in default. If any mortgagee or
beneficiary elects to have this Lease s uperior to its mortgage, trust deed or bond indenture by notice to
Tenant 'then this Lease shall be deemed superior to the lien of any such mortgage, trust deed, or bond
indenture whe her this Lease is dated or recorded before or after said mortgage or trust deed.
b. Tenant shall, upon not less than ten 1) days prior written request by the City, execute,
acknowledge and deliver to the City a written statement certifying that this Lease is unmodified and in
full force and effect, or that there have been modifications and this Lease is in full force and effect as'
modified, and stating the modifications,, and the dates to which the rent and other charges have.been
paid in advance, if any. The intent is that the statement provided pursuant to this subsection, may be
relied upon by any prospective purchaser, mortgagee or assignee of any mortgagee of the Property.
c. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof,
shall not cause a merger and shall, at the City's option, terminate all or any existing subleases or
subtenancies consented to pursuant to this section, r may, at the City's option, operate as an-
assig rnenttothe City of any orall such subleases orsubtenancies.
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0. NONDISCRIMINATION.
Tenant shall not discriminate against any person or employee because of race, color, religion, ancestry,
age, sex, national origin, disability, sexual preference, housing status, marital status, familial status, or
other protected classifications. If Tenant is found to be in violation of the State of California Fair
Employment and Housing Act or any similar provision of state or federal law in the conduct of T'enant's
activities under this, Lease, it shall be found in default under this Lease and such default shall constitute
a material breach of the Lease, entitling the City to all available remedies in this Lease or by law.
1. BINDING EFFECT.
The provisions of this Lease shall, subject to Section 14 on assignment, apply to and bind the heirs,
successors, executors, administrators and assigns of all the parties hereto.
22. .NOTICES.
All notices must be in writing and shall be delivered by hand,. by nationally recognized overnight express
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delivery service or by U.S. registered or certified mail, to the addresses set forth below:
TENANT: Imtiaz Shaikh and Hurna Shaikh
22241 McClellan Road
Cupertino, CA 9501
LANDLORD: City of Cupertino
Attn: Director of Parks and Recreation
10300 Torre Avenue
Cupertino, CA 95014
23.. GENERAL PROVISIONS.
b, Entire Agreement. This document comprises the entire and integrated agreement of the
parties concerning the lease of the Property and supersedes all prior negotiations, representations, or
agreements, either written or oral. Any amendments to this document shall be effective only if in
writing and signed by the City and Tenant.
c. Attorneys' Fees. If legal action is commenced to enforce or to declare the effect of any
provision of this Lease, the prevailing party shall be awarrded attorneys' fees and costs incurred by such
party in the action service mailed to the address of tenants set forth herein shall be adequate service for
such litigation.
If Landlord is involuntarily made a. party defendant to any litigation concerning this Lease or the
Premises by reason of any act or omission of Tenant, then, Tenant shall hold harmless Landlord from all
liabilities by reason thereof, including reasonable attorneys' fees and all costs incurred by Landlord in
11
such litigation. Landlord shall be entitled to recover all collection costs including reasonable attorney's
fees incurred by it as a result of Tenant's default as herein provided.
d. eyera ilit_ r, If any terra, provision, covenant or condition of this Lease is held by a court to be
invalid, void or unenforceable, the rest o`l+this Lease shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
e. Time. Time. is of the essence of this Lease,
f. Waiver. No delay or failure to exercise any right or remedy of City on any default by Tenant
shall impair such a right or remedy or be construed as a waiver. Additionally, the -subse uent receipt
and acceptance of rent by the City shall not be deemed to be a waiver of any preceding breach by
Tenant of any terra, covenant or condition of this Lease, other than the failure of Tenant to pay the
particular rent so accepted, regardless of the City's knowledge of such preceding breach at the time 4
acceptance of such rent. Any waiver by City of any default must be in writing and shall not be a waiver of
any other default concerning the sane or any other provision of this Lease.
. Remedies Cumulative. The remedies provided herein shall be cumulative, therefore, the
exercise of any one remedy shall not be to the exclusion of any other remedy.
h. .Binding on Heirs; Joint and Several Li l ilia . All of the terms, covenants and conditions of this
Lease shall apply to and'bind the heirs, successors, executors, administrators and assigns of the parties
hereto; and the parties hereto shall be jointly and severally liable hereunder.
1. Governing law. The lags of the state of California shall govern this Lease. In the event any legal
action is commenced regarding this Lease, venue shall be in Santa Clara County.
FIA
j. Recordation. Neither Lessee nor City shall record this Lease.
1
k. Autho ter. The individuals signing this Lease on behalf of the Parties have the authority to sign
on behalf of their respective entities.
6 01 'A
IN WITNESS WHEREOF, the parties have executed this Lease Agreement owitrrre �,, 2013.
CITY
David Brandt, City Manager
ATTEST
City Clerk
Approved as to Fora:
l
C 6vy orney
N OTARY AC KNOWLEDG E M ENT RE UIRED
1
TENANT
IMTIA SHAIKM
fiUMA SHAIKH
CALIFORNIA ALLmPURPOSE ACKNOWLEDGMENT
State of California
County of rA ij q 14, w�
CIVIL CODE § I ISO
On So f 2-1113 before me 1 C-4' yo� PJ4
Date Mere Insert N and Title of the Of ficer
personally appeared N'd a/ 74
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the peronX whose name
k<
i are
subscribed to the within instrument and acknowledged
to me that she /they executed the sane in
9her /their authorized capacityn , and that bar
i her/their si natureS* on the instrument the
personw, or the entity upon behalf of which the
per or�<acted, executed the instrument.
-.a. obl
l certify under PENALTY F PERJURY under the
• IRS RENEE u��
commission 1906898
lags of the State of California that the foregoing
i►r arflia
paragraph is true and correct.
Santa Clare County =4
My rm x Tres Oct 4,2014
WITNESS my hand and official seal.
Signature:,,
Place Notary Seal Above
signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may ?rove valuable to persons relyi r on the document
and co ulu prevent fraudulent rem ovaI and rea ttach m ent of figs form to anothe r docuJ7 ent.
Deschiption of Attached Document
Title or Type of Doc umernt: oycm
gix4.
Document Date: - Zn�R U
Number of Pages:
w
Signers other Than Named Above: ' &... �` f A" 01�1 A ._ ...,� _....
cap ity ie �a�med by Signer(s)
Signer's Name:
Signer's Naive:
❑ Corporate officer — Titles:
❑ corporate Officer — Title:
❑ Individual WEE
❑ Individual - othumb
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Partner — ❑ Limitd ❑ enerai Top oi` here
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee
❑ Trustee
❑ Guardian or Conservator
❑ Guardian or conservator
❑1 Other.
❑ Other:
Signer Is Representing:
Signer Is Representing:
010 National Notary As o iatlon v NatlonalNotary.org ■ 1-800-US NOTARY (I -B00- 8760 -6827) Item #5907
CALIFORNIA ALLmPURPOSE ACKNOWLEDGMENT
State of California
County of
CIVIC, CODE § I18
4.
- 2,`' 13 k t #r � � �
n before rr�e, � f (f
bate Here Insert ame and Title of Me Officer
personally eared �' C� 14 41 !k
Name () of Signer(s)
who proved to me on t basis of sat' ate
evidence to be the persoky whose narn s l ar
subscribed to the within instrument and aoknoWed ed
to e t t he /she /they executed the same in
his /her th i authorized oapaoit Oes))and that by
hi he the` signaturE ors th instrument the
perso , or the entity upon behalf of which the
per persog acted, executed the instrument.
IRS I certify under PENALTY F PERJURY under the
` Commission # 1988888 rags of the State of California that the foregoing
Notary Public - California paragraph is true and correct.
Santa Clara County �.
Comm. Expires Oct 4, 2014 WITNESS my hand and official seal.
Signature:
Place Notary seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title o Type of Doc L- P?, z� �•
Document Date: � � " r --(>
Number r of Pages:
Signers Other Than Named Above-,
Capacity lie Claimed by Signer(s)
Signer's Narne-
El Corporate Officer — Titles:
❑ Individual
❑ Partner — ❑1 Limited ❑ General 'ToMpof thumb 'here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer — Title:
Q Individual - = kP -
El Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing-
0 Representing-
0
2010 National Notary Association v National Notary.org * 1 -800-US NOTARY (1- 800 - 876 -6827) Item 45907
GERTIFICATS OF INSURANCE
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