HomeMy WebLinkAboutAll About Nails-Season Trends a dba of Vivian Sanders Lease Agreement - 1-1-24 DocuSign Envelope ID: D2AB21 1 D-4B34-48C2-BCB8-E64635542323
LEASE AGREEMENT
1241 Van Ness Avenue
THIS LEASE AGREEMENT (Agreement) is made and entered into on January 1, 2024,
by and between the CITY OF FRESNO, a municipal corporation (Landlord), and Vivian
Sanders, dba All About Nails / Season Trends, (Tenant).
RECITALS
A. Landlord owns the building commonly known as 1241 Van Ness, a
storefront in the City of Fresno's Parking Structure Number 9 in Fresno, California and
more particularly described hereinbelow (the Premises).
B. Tenant is currently on a month-to-month tenancy for the Premises.
C. Landlord and Tenant desire to enter a long-term lease of the Premises
under the terms set forth herein. This Agreement will replace, terminate and supersede
the previous agreement between the parties.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions hereinafter contained, such parties, and each of them, do agree as follows:
1. Premises. The Landlord leases to Tenant, on the terms and conditions set forth
herein, that part of the ground floor commercial space, shown as "Unit C" on the building
floor plan attached as Exhibit A, (the Premises), containing approximately 1,144 gross
square feet, are commonly known as 1241 Van Ness, a storefront located in the City of
Fresno's Parking Structure Number 9, Fresno, California, and are part of a structure
known as Parking Structure No. 9. The Premises include Tenant's license to use, at no
additional charge, two (2) vehicle parking spaces on the ground floor of Parking
Structure No. 9, accessible from the alley behind the parking structure located at 1237
Van Ness Avenue, Fresno, California.
1.1 Tenant's Acceptance of Premises "AS IS". Neither Landlord nor any
agent for Landlord has made any representation or promise regarding
the Premises or Parking Structure No. 9, except as expressly set forth
herein. Landlord is leasing the Premises to Tenant in "AS IS" condition,
subject to Landlord's obligations to maintain only those parts of the
Premises as set forth in this Agreement. Tenant has inspected the
Premises and by taking possession accepts the Premises "AS IS,"
having exercised reasonable due diligence to discover any facts or
conditions regarding the Premises that are within Tenant's attention,
observation, actual and constructive notice.
2. Term. The term of this lease is thirty-six (36) months, beginning on January 1,
2024, and ending on January 31, 2027.
1
2.1. Notice of Termination. Either party may terminate this Agreement by
giving at least thirty (30) days prior written notice thereof. The rent shall be
due and payable through and including the date of termination.
3. Rent.
3.1 Payment. Monthly rent in the amount of Seven Hundred and Twenty
Dollars ($720.00) in Year One, beginning January 1, 2024, then shall increase to
Eight Hundred Forty Four Dollars ($844.00) in Year Two beginning January 1,
2025, and increase to One Thousand Thirteen Dollars ($1,013) in Year Three,
beginning January 1, 2026. Rent shall be due and payable beginning the first
month of tenancy. Rent is due on or by the 5th day of each month.
3.2 Late Rent. Rent is late if not paid by the 6th day of each month.
3.3 Late Fee. A $90.00 late fee will apply for any payments on or after the 6th
of each month.
3.4 Default. Tenant's failure to pay Rent or any other amounts within five (5)
days of its due date under this Agreement shall constitute a default under section
14.2 of this Agreement.
3.4.1 Liquidated Damages. Failure of the Tenant to pay Rent as and when
due may cause Landlord to incur costs not contemplated by Landlord when
entering into this Agreement, the exact nature and amount of which would
be extremely difficult and impracticable to ascertain. If any Rent, or any
other amount due under this Agreement is not received by Landlord as and
when due, then, without any notice to Tenant, Tenant shall pay to Landlord
an amount equal to 1.5% of the past due amount, which the Parties agree
represents a fair and reasonable estimate of the costs incurred by Landlord
as a result of the late payment by Tenant. Acceptance of the late charge by
Landlord shall not constitute a waiver of Tenant's default for the overdue
amount, nor prevent Landlord from exercising the other rights and remedies
granted under this Agreement.
All sums of money due to Landlord under this Agreement not specifically
characterized as Rent or a Late Fee, shall constitute Additional Rent.
Nothing contained in this Agreement shall be deemed to suspend or delay
the payment of any sum of money at the time it becomes due and payable
under this Agreement.
Landlord's acceptance of less than the full amount of any payment due from
Tenant shall not be deemed an accord and satisfaction or compromise of
such payment unless Landlord specifically consents in writing to payment
of such lesser sum as an accord and satisfactory promise of the amount
which Landlord claims;
Initials of Tenant
2
DocuSign Envelope ID:D2AB21 1 D-4B34-48C2-BCB8-E64635542323
4. Utilities. Tenant will pay, defend, and hold the Landlord free and harmless from,
all charges for utility services to the Premises including, without limitation water, sewer,
trash, gas, electricity, cable television and telephone service. Tenant shall pay the service
provider directly before charges are delinquent. Landlord shall provide the Premises the
following services: water, sewer and trash disposal. Landlord shall not be liable for any
loss, injury or damage to person or property caused by or resulting from any variation,
interruption, or failure of utilities due to any cause whatsoever, and rent shall not abate
as a result thereof.
5. Use of Premises. Tenant will use the Premises solely as beauty & retail shop with
office space and uses incidental and related to that purpose. Tenant shall not use or permit
the Premises to be used for any other purpose without first obtaining Landlord's written
consent. There shall be no unlawful discrimination in the exercise of this Agreement or
rights thereunder.
5.1 Insurance Hazards. Tenant will not use or permit the Premises to be used
in any manner that will cause the cancellation of or increase the costs of any fire,
liability, or other insurance policy covering the Premises or any improvements on
the Premises. Tenant, at its sole cost and expense, shall comply with any
requirement for or alteration to the Premises that any Insurance organization or
company deems necessary to maintain reasonable fire and public liability insurance
rates for the Premises (as part of Parking Structure No. 9).
5.2 Waste, Nuisance, Quiet Enjoyment. Tenant will not do any of the following:
(a) commit or permit any waste on the Premises, (b) maintain, commit, or permit the
maintenance or commission of any nuisance, as defined in Civil Code Section 3479
on the Premises, (c) use or permit the use of the Premises for any unlawful purpose,
or (d) maintain, commit, or permit any other act or condition which may disturb the
quiet enjoyment of Landlord or any other Tenant of the Premises and Parking
Structure No. 9.
5.3 Compliance with Laws. Tenant, at its expense, will comply with all statutes,
ordinances, regulations, and requirements of all governmental and regulatory
entities, relating to Tenant's use and occupancy of the Premises, including
environmental laws and legal requirements regarding the sale of alcohol. The
judgment of any court of competent jurisdiction, or Tenant's admission in a
proceeding brought against Tenant by any government entity that Tenant has
violated any statute, ordinance, regulation, or requirement will be conclusive
between Landlord and Tenant and will be grounds for the Landlord to terminate this
Agreement.
6. Parking. Tenant shall be entitled to use two (2) parking spaces on the ground floor
of Parking Structure No. 9. Tenant shall not use more parking spaces than said number.
Said parking spaces shall be used for parking of vehicles no larger than full-size passenger
automobiles or pick-up trucks. Landlord will identify Tenants parking spaces by stenciling
Tenant's name on wheel stops.
3
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
7. Taxes and Assessments.
7.1 Personal Property and Tenant Improvements. Tenant will pay, before
delinquency, all taxes, assessments, and other charges levied or imposed by any
governmental entity on the furniture, trade fixtures, appliances, and other personal
property that Tenant places in, on, or about the Premises.
7.2 Real Property Taxes. Tenant will pay before delinquency any real property
taxes and assessments for or on the Premises including, without limitation,
possessory interest taxes, that any governmental entity may levy or assess against
the Premises. Taxes include, without limitation, any special assessments imposed
on or against the Premises for any Tenant improvements to the Premises.
7.2.1 Possessory Interest. Notification to Tenant pursuant to California
Revenue and Taxation Code Section 107.6: A possessory Interest subject
to property taxation may be created by entering into this Agreement and
Tenant may be subject to the payment of property taxes levied on such
interest. Any interest in real property which exists because of possession,
exclusive use, or a right to possession or exclusive use of land owned by
Landlord, and any Improvements thereon, is a taxable possessory interest
unless the possessor is exempt from taxation. Tenant should take a copy
of this Agreement to the Tax Assessor to learn how much Tenant will be
taxed, if at all.
7.3 Landlord Protection Against Taxes. Tenant shall indemnify, defend, and
hold Landlord and the Premises harmless from any liability for personal and real
property taxes and assessments including, without limitation, any interest, penalty,
or other expense relating to the taxes or assessments, and from any lien therefore
or sale or other proceeding to enforce payment thereof.
8. Trade Fixtures, Improvements and Alterations.
8.1 Installation and Removal of Trade Fixtures. Tenant, at Tenant's sole
cost and expense, may install or affix in, to, or on the Premises, items for
Tenant's permitted use of the Premises (trade fixtures). At the expiration or any
earlier termination of this Agreement, Tenant may remove those trade fixtures that
are removable without damage to the Premises. Those items that are not
removable without damage will remain and become the property of the Landlord.
Landlord has the right to require Tenant to remove all trade fixtures and to repair
any damage caused by the removal. Tenant must remove any trade fixtures on
or before the termination or expiration date. Any trade fixtures that remain on the
Premises for 30 days after this Agreement expires or terminates will be deemed
abandoned by Tenant. Landlord may then elect to keep the property as its own,
or require Tenant to remove same, at Tenant's sole expense, including the cost
of repair of any damage to the Premises caused by the removal, or Landlord may
elect to remove the abandoned trade fixtures at a cost to be billed to Tenant.
4
DocuSign Envelope ID:D2AB211D-4B34-48C2-BCB8-E64635542323
8.2 Improvements. Tenant may not alter or improve the Premises without first
obtaining the Landlord's written consent to and approval of the alteration or
improvement. After consent and approval, Tenant will complete the alterations or
improvements in strict compliance with the approved plans and specifications.
Tenant will keep the Premises free and clear from any liens, claims, and
demands for work done, materials furnished, or operations conducted on the
Premises at the Tenant's request or direction. Landlord, in its sole discretion,
may disapprove all or any part of the proposed work or improvement.
8.3 Ownership of Alterations, Additions, and Improvements. All Tenant
Improvements, and any other alterations, additions, and improvements, except
Tenant's stock in trade, trade fixtures, furniture, and furnishings, made to or
placed on the Premises by any person will become, on expiration or earlier
termination of this Agreement, Landlord's property and remain on the Premises.
The Landlord, however, has the option on expiration or termination of this
Agreement, to require Tenant, at Tenant's sole cost and expense, to remove any
or all such alterations, additions, and improvements from the Premises and repair
any damage caused by the removal.
8.4 Permits. Tenant shall obtain and pay for all permits required by any
governmental authority for any work, alteration, addition, or improvement that
Tenant does or causes to be done on the Premises. Before undertaking any
modifications, Tenant shall first determine the existence of toxic or hazardous
materials, such as asbestos, within the proposed work area. Tenant shall secure
or remove such materials following local, state and federal regulations at
Tenant's sole cost and expense.
8.5 Liens and Encumbrances. Tenant shall keep the Premises and Parking
Structure No. 9 free from any liens and encumbrances because of work done,
materials furnished, or obligations incurred by Tenant in connection with any
alteration, alteration addition, or improvement on or to Premises. Tenant shall
indemnify, defend, and hold Landlord harmless from any cost or expense which
Landlord shall incur because of any such lien or encumbrance.
8.6 Inspection of the Premises. Landlord and Tenant will participate in two
walk-through inspections of the Premises. The first walk-through inspection will
occur before the effective date of this Agreement. The second walk-through
inspection will occur at the conclusion of the Agreement, after Tenant has vacated
the premises. Upon termination of this Agreement, Tenant shall be responsible
for costs to repair deficiencies beyond the normal wear and tear of the Premises.
8.7 Landlord Improvements. From time to time, the Landlord may construct
improvements to the Premises or to Parking Structure No. 9. Upon reasonable
notice (at least 24 hours), Tenant will allow Landlord any access needed to
complete the work.
5
DocuSign Envelope ID:D2AB21 1 D-4B34-48C2-BCB8-E64635542323
9. Maintenance of Premises
9.1 Tenant's Obligations.
9.1.1 Maintenance and repairs. At its sole cost and expense, Tenant
shall undertake the routine cleaning and maintenance to the Premises. The
Premises should be maintained in good order, condition, and repair.
Tenant's obligations to maintain shall include, without limitation, windows
(interior and exterior), doors (interior and exterior), skylights, the storefront,
and the interior walls, floors, and ceilings, all plumbing and sewage facilities
that exclusively serve the Premises. Tenant's maintenance obligations do
not extend to the parts of the Premises that the Landlord is obligated to
repair and maintain as outlined in section 10 of the agreement. In an
emergency, the Landlord may make the necessary repairs for the Tenant
or perform the necessary maintenance for the Tenant. Tenant will reimburse
the Landlord for such repairs or maintenance on demand, with interest, at
the maximum rate then permitted by law.
9.1.2 Heating and Air Conditioning Landlord has installed air conditioning
and heating equipment to adequately heat and cool the Premises. Tenant
has accepted the equipment in good operating condition. Landlord will
maintain the air conditioning and heating equipment in good operating
condition and repair. Landlord, or his designee, will enter the Premises to
conduct regular maintenance on heating and air conditioning equipment.
9.1.3 Tenant's Waiver of Civil Code Sections 1942 and 1941. Tenant
hereby waives all rights under Section 1942 of the California Civil Code to
make repairs at Landlord's expense and waives any rights under California
Civil Code Section 1941 regarding Landlord's obligations to maintain tenant
ability.
10. Landlord's Obligations.
10.1 Maintenance. Landlord, at its own cost and expense, and subject to the
City Council's discretionary appropriation of funds, will maintain the structural
elements of the Premises and Parking Structure No. 9 in good condition and repair.
For purposes of this section, Structural Elements means the exterior roof, exterior
walls (except window glass and doors), structural supports, and the foundation.
Structural Elements will also include plumbing pipes to the extent that the pipes
are an integral part of the flooring or foundation inaccessible to Tenant.
Notwithstanding anything in this section to the contrary, Tenant shall promptly
repair any structural elements that need repair because of the negligence or other
fault of Tenant, its employees, agents, or invitees.
10.2 Major Repairs to Heating and Air Conditioning. Landlord, at its cost and
expense, and subject to City Council's discretionary appropriation of funds. shall
be responsible for major (capital) repairs or replacement of the major working
components of the heating and air conditioning system when necessary, unless
6
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
the repair or replacement Is necessitated by any act or omission of Tenant, its
employees, agents, or invitees which shall be the Tenant's responsibility. Landlord
shall inspect heating and air conditioning prior to Tenant taking occupancy to
ensure that all components are in good working order.
10.3 Notice from Tenant. Tenant shall immediately notify Landlord in writing of
any repairs, replacement, or maintenance requiring Landlord's attention. Landlord
shall timely carry out its maintenance and repair obligations so as not to
unreasonably disrupt Tenant's use and occupancy. Tenant shall not restrict
Landlord, or his designee's ability to enter the Premises to conduct maintenance
and repairs on the Premises, including but not limited to, heating and air
conditioning.
11. ADA Compliance. Modifications, changes or construction of the Premises may
be necessary to ensure compliance with the Americans with Disabilities Act. If
modifications are required, they must be made according to the terms of this Agreement.
12. Landlord's Access to Premises. Tenant will permit Landlord, or Landlord's
agents, representatives, or employees to enter the Premises at all reasonable times to
inspect the Premises, to learn whether Tenant is complying with the terms of this
Agreement, to do other lawful acts that may be necessary to protect the Landlord's
interest in the Premises, or to perform Landlord's duties under this Agreement.
13. Force Majeure - Unavoidable Delays. If any event, other than financial inability
on the part of Tenant, delays or prevents the Tenant from performing any obligation
under this Agreement, the parties will extend the time for performance by the period of
delay. Delay events that permit extension include, without limitation, acts of God', strike,
lockout, labor troubles, inability to secure materials, restrictive governmental laws or
regulations. However, nothing contained in this subsection will excuse Tenant's prompt
payment of rent or the performance of any act rendered difficult solely because of
Tenant's financial condition.
14. Default, Assignment, and Termination.
14.1 Restriction Against Subletting or Assignment. Tenant will not
encumber, assign, sublet, or otherwise transfer this Agreement, any right or
interest in this Agreement, any right or interest in the Premises or any
improvements on the Premises, without first obtaining the Landlord's written
consent. The Landlord's consent in one instance will not be considered to be
consent to any subsequent encumbrance, assignment, subletting, or transfer of
the Premises. Any encumbrance, assignment, transfer, or subletting without the
Landlord's prior written consent, whether voluntary or involuntary, by operation of
law or otherwise, is void and, at the Landlord's option, will terminate this
Agreement.
14.2 Default Defined. The occurrence of any of the following will be a material
breach and a default of this Agreement:
7
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
14.2.1 Payment of Money. Tenant's failure to pay rent or to make any other
payment under this Agreement within five (5) days of the due date.
14.2.2 Abandonment. Tenant's abandonment or vacation of the Premises.
Tenant's absence from or failure to conduct business on the Premises for
more than 30 consecutive days will be abandonment or vacation for
purposes of this Agreement.
14.2.3 Insolvency.Tenant does any of the following: (a) Tenant makes any
general assignment for the benefit of creditors, (b)Tenant files bankruptcy,
or a third party petition to have Tenant adjudged bankrupt, and does not
dismiss the petition within 60 days, (c)Tenant files a petition for
reorganization or arrangement under any law relating to bankruptcy, (d) the
appointment of a trustee or receiver to take possession of substantially all
of Tenant's assets at the Premises, or of Tenant's interest in this
Agreement, and possession is not restored to Tenant within 30 days, or (e)
the attachment, execution, or other judicial seizure of substantially all of
Tenant's assets at the Premises, or of Tenant's Interest In this Agreement,
and that seizure is not discharged within 30 days.
14.3 Termination of Agreement and Recovery of Damages. Upon any
Tenant default, the Landlord may terminate this Agreement and all Tenants rights
under it by giving thirty (30) days written notice of the termination. In addition, the
Landlord may exercise any other remedies available to it at law or in equity. No act
of Landlord, other than a written termination notice from Landlord to Tenant, will
terminate this Agreement.
14.4 Landlord's Right to Relet if Tenant Breaches this Agreement. In the
event of Tenant's breach of the Agreement and abandonment of the Premises,
Landlord may enter the Premises and relet it to a third party for any term, at any
rental, and on any other conditions that Landlord in its sole discretion may deem
advisable. The Landlord may also make alterations and repairs to the Premises.
14.5 Landlord's Right to Cure Tenant Defaults. If Tenant breaches or fails to
perform any provision of this Agreement, the Landlord, at its option, may cure
Tenant's breach. Tenant will reimburse the Landlord, on demand, for the
Landlord's costs to cure the default.
14.6 Cumulative Remedies. The Landlord's remedies in this Section are not
exclusive but cumulative, and in addition to all remedies now or after this allowed
by law or provided elsewhere in this Agreement.
14.7 Waiver of Breach. If the Landlord waives any Tenant breach or default of
any Agreement provision, the waiver will not be a continuing waiver or a waiver of
Tenant's subsequent breach of the same or any other provision. The Landlord's
acceptance of rent shall not be a waiver of any preceding breach by Tenant, other
than the failure to pay the particular rental so accepted.
8
DocuSign Envelope ID:D2AB21 1 D-4B34-48C2-BCB8-E64635542323
15. Indemnification. To the furthest extent allowed by law, Tenant shall indemnify,
hold harmless and defend Landlord, and each of its officers, officials, employees, agents
and volunteers (referred to collectively as Landlord) from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage,
including damage by fire or other casualty) incurred by Landlord, Tenant or any other
person, and from any and all claims, demands and actions in law or equity (including
attorney's fees, litigation expenses, and costs to enforce this agreement), arising or
alleged to have arisen directly or indirectly out of Tenant's: (i) occupancy, maintenance
and/or use of the Premises; (ii) use of any part of the Premises , including any common
area(s), upon which the Premises is located; or (iii) performance of, or failure to perform,
this Agreement. Tenant's obligations under the preceding sentence shall apply to any
negligence of Landlord. but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused solely by the gross negligence, or by the willful misconduct of
Landlord.
Tenant acknowledges that any and all loss, liability, fines, penalties, forfeitures, costs and
damages arising out of, alleged to have arisen out of, or in any way connected with the
release or discharge of a hazardous substance, or the exacerbation of a potential
environmental hazard, occurring as a result of or in connection with Tenant's occupancy,
maintenance and/or use of the Premises, , including any common area(s), upon which
the Premises is located, and all costs, expenses and liabilities for environmental
investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration,
remediation and other response costs, including reasonable attorneys' fees and
disbursements and any fines and penalties imposed for the violation of any applicable
federal, state, or local laws. statutes, regulations, or ordinances relating to the
environment and including any liability imposed by law or regulation, are expressly-within
the scope of the Indemnity set forth above.
Tenant's occupancy, maintenance and use of the Premises, including common area(s),
upon which the Leased Premises is located, shall be at Tenant's sole risk and expense.
Tenant accepts all risk relating to Tenant's: (i) occupancy, maintenance and/or use of the
Premises; (ii) use of any part of the Premises, including any common area(s), upon which
the Premises is located; and (iii)the performance of, or failure to perform, this Agreement.
Landlord shall not be liable to Tenant for, and Tenant hereby waives and releases
Landlord from, any and all loss, liability, fines, penalties, forfeitures, costs or damages
resulting from or attributable to an occurrence on or about the Premises, including
common areas, upon which the Premises is located in any way related to the Tenant's
operations and activities. Tenant shall immediately notify Landlord of any occurrence on
the Premises, including common area(s), upon which the Premises is located, resulting
in injury or death to any person or damage to property of any person.
If Tenant should contract any work on the Premises or subcontract any of its obligations
under this Agreement, Tenant shall require each contractor, or subcontractor to
Indemnify, hold harmless and defend Landlord and each of its officers, officials,
employees, agents and authorized volunteers in accordance with the terms of the
preceding paragraph.
9
DocuSign Envelope ID:D2AB211D-4B34-48C2-BCB8-E64635542323
The provisions of this Section shall survive termination or expiration of this Agreement.
16. Insurance.
(a) Throughout the life of this Lease, Tenant shall pay for and maintain in full
force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by City's Risk Manager or designee at any time and in its
sole discretion. The City of Fresno and each of its officers, officials, employees, agents
and volunteers (hereinafter referred to collectively as"City") requires policies of insurance
as stated herein shall maintain limits of liability of not less than those amounts stated
therein. However, the insurance limits available to City, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds to the named
insured.
(b) Any failure to maintain the required insurance shall be sufficient cause for
City to terminate this Lease. No action taken by City pursuant to this section shall in any
way relieve Tenant of its responsibilities under this Lease. The phrase "fail to maintain
any required insurance" shall include, without limitation, notification received by City that
an insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Tenant shall not be deemed to
release or diminish the liability of Tenant, including, without limitation, liability under the
indemnity provisions of this Lease. The duty to indemnify City shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Tenant.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Tenant, vendors, suppliers, invitees, contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury"with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the Lease)
with limits of liability not less than those set forth under"Minimum Limits of
Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto).
10
DocuSign Envelope ID:D2AB211D-41334-48C2-13C68-E64635542323
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE TENANT
Tenant, or any party the Tenant subcontracts with, shall maintain limits of liability of not
less than those set forth below. However, insurance limits available to The City of Fresno
and each of its officers, officials, employees, agents and volunteers as additional insureds,
shall be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $300,000 damage to premises rented to you;
(iv) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits and EMPLOYER'S LIABILITY with limits of
liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. COMMERCIAL PROPERTY Limits of insurance in an amount equal to
the full 100% rep lacement cost without deduction for de reciation
of Tenant's business property.
5. LIQUOR LIABILITY INSURANCE for alcoholic beverages that are to be
sold, served or furnished, Liquor Liability coverage is required with limits of
liability of not less than:
(i) $1,000,000 per occurrence;
(ii) $2,000,000 aggregate for bodily injury and property damage;
UMBRELLA OR EXCESS INSURANCE
In the event Tenant purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no
11
DocuSign Envelope ID:D2AB21 1 D-4B34-48C2-BCB8-E64635542323
less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City of Fresno and each of its officers, officials, employees, agents and
volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Tenant shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Tenant shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared on the
Certificate of Insurance, and approved by, the City's Risk Manager or designee. At the
option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City, its officers, officials, employees, agents and
volunteers; or
(ii) Tenant shall provide a financial guarantee, satisfactory to City's Risk
Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
the City be responsible for the payment of any deductibles or self-insured
retentions.
OTHER INSURANCE PROVISIONSIENDORSEMENTS
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice has been given to City, except ten (10) days for
nonpayment of premium. Tenant is also responsible for providing written notice to the
City under the same terms and conditions. Upon issuance by the insurer, broker, or agent
of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Tenant shall
furnish City with a new certificate and applicable endorsements for such policy(ies). In
the event any policy is due to expire during the work to be performed for City, Tenant shall
provide a new certificate, and applicable endorsements, evidencing renewal of such
policy not less than fifteen (15) calendar days prior to the expiration date of the expiring
policy.
The Commercial General, Liquor Liability and Automobile Liability policies of insurance
shall be endorsed to name The City of Fresno and each of its officers, officials,
employees, agents and volunteers as additional insureds.
Tenant shall establish additional insured status for the City under the General Liability
policy for all operations by use of ISO Form CG 20 10 11 85, CG 20 26 04 13, or CG 20
11 04 13, or by an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
12
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
The Commercial General, Liquor Liability and Automobile Liability policies of insurance
shall be endorsed so Tenant's insurance shall be primary and no contribution shall be
required of City. The coverage shall contain no special limitations on the scope of
protection afforded to The City of Fresno and each of its officers, officials, employees,
agents and volunteers. If Tenant maintains higher limits of liability than the minimums
shown above, City requires and shall be entitled to coverage for the higher limits of liability
maintained by Tenant.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
All policies of insurance shall contain a waiver of subrogation as to The City of Fresno
and each of its officers, officials, employees, agents and volunteers.
PROVIDING OF DOCUMENTS - Tenant shall furnish City with all certificate(s) and
applicable endorsements effecting coverage required herein. All certificates and
applicable endorsements are to be received and approved by the City's Risk
Manager or designee prior to City's execution of the Lease and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of City, Tenant shall
immediately furnish City with a complete copy of any insurance policy required under this
Lease, including all endorsements, with said copy certified by the underwriter to be a true
and correct copy of the original policy. This requirement shall survive expiration or
termination of this Lease. All subcontractors working under the direction of Tenant shall
also be required to provide all documents noted herein.
MAINTENANCE OF COVERAGE - If at any time during the life of the Lease or any
extension, Tenant or any of its subcontractors fail to maintain any required insurance in
full force and effect, all work under this Lease shall be discontinued immediately until
notice is received by City that the required insurance has been restored to full force and
effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to
terminate this Lease. No action taken by City hereunder shall in any way relieve Tenant
of its responsibilities under this Lease. The phrase "fail to maintain any required
insurance" shall include, without limitation, notification received by City that an insurer
has commenced proceedings, or has had proceedings commenced against it, indicating
that the insurer is insolvent.
The fact that insurance is obtained by Tenant shall not be deemed to release or diminish
the liability of Tenant, including, without limitation, liability under the indemnity provisions
of this Lease. The duty to indemnify City shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Tenant. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor
limit the liability of Tenant, its principals, officers, agents, employees, persons under the
supervision of Tenant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
13
DocuSign Envelope ID: D2AB21 1 D-4B34-48C2-BCB8-E64635542323
SUBCONTRACTORS -
If Tenant should contract any work on the Premises or subcontract any of its obligations
under this Agreement, Tenant shall require each consultant, contractor or subcontractor
to provide insurance protection in favor of Landlord and its officers, officials, employees,
agents and volunteers in accordance with the terms of each of the preceding paragraphs,
except that the consultant, contractor and subcontractor's certificates and endorsements
shall be on file with Tenant and Landlord prior to the commencement of any work by the
consultant, contractor or subcontractor.
16.1 Tenant's Personal Property. Tenant will maintain at its cost and expense
an insurance policy for the full insurable value of all Tenant's fixtures and
equipment and, to the extent possible, all merchandise that is in or on the Premises
against damage or destruction by fire, theft, or the elements.
17. Waiver of Subrogation. Tenant and its insurers hereby waive all rights of
recovery against Landlord and its officers, officials, employees, agents and authorized
volunteers, on account of injury, loss by or damage to the Tenant or its officers,
employees, agents, consultants, contractors, subcontractors, invitees and volunteers, or
its property or the property of others under its care, custody and control. Tenant shall give
notice to its insurers that this waiver of subrogation is contained in this Agreement.
18. Damage to or Destruction of Premises
18.1 Partial Damage or Destruction. Landlord, at its sole option, and subject to
City Council's discretionary appropriation of funds, may repair the Premises or
terminate this-Agreement upon written notice to Tenant if the Premises are partially
destroyed or damaged from any cause. If Landlord elects to terminate this
Agreement, termination shall be effective immediately. If Landlord elects to repair
or restore the Premises, it will notify Tenant within twenty (20) business days and
shall complete the work within 120 days after the casualty date, and this
Agreement will not terminate. Tenant shall be entitled to a proportionate rent
reduction based on the extent to which the damage and the repair work interfere
with Tenant's use and occupancy of the Premises for the use intended.
18.2 Tenant Waiver of Right to Terminate. Respecting any partial destruction
that Landlord elects to repair, Tenant waives any right to terminate the Agreement
under California Civil Code Sections 1932 (2), or 1933 (4).
18.3 Total Destruction. If the Premises are totally destroyed, this Agreement
shall terminate as of the date of the casualty.
19. Eminent Domain. "Condemned" and "right of eminent domain" mean the right of
the government to take property for public use and shall include the intention to condemn
expressed in writing as well as the filing of any action or proceeding for condemnation. If
a body or entity, having the power to do so, condemns, begins an action or proceeding to
condemn, or advises Landlord or Tenant in writing of its intent to condemn, all or part of
the Premises, then the following shall apply:
14
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
19.1 Landlord May Convey or Sell to Condemner.
Landlord, without any obligation or liability to Tenant, and without affecting the
validity and existence of this Agreement other than as expressly provided herein,
may agree to sell or convey the Premises or any part of it to the condemner, without
first requiring that any action or proceeding be instituted in court. If an action or
proceeding has been instituted, Landlord may convey or sell without requiring any
trial or hearing. Landlord may stipulate to judgment therein for the taking of the
Premises, or part of it, as sought by the condemner, free from this Agreement and
the rights of Tenant.
19.2 Condemnation Proceeds. Tenant shall have no claim against Landlord
for, and shall not be entitled to, any part of the sale or conveyance proceeds or
any condemnation award. Tenant hereby assigns such interest, if any, that Tenant
may have under this Agreement to any proceeds or condemnation award to
Landlord. Tenant, however, may seek to recover against the condemner for
Tenant's trade fixtures and any removable Tenant improvements that Tenant is
entitled to remove upon the expiration or termination of this Agreement and
Landlord will not have a claim to the recovery.
19.3 Effect of Condemnation on Continuation of Agreement. If 25% or more
of the interior floor area of the Premises is condemned, or if the condemnation
renders the Premises unusable, this Agreement shall terminate without further
notice on the date that the condemner takes physical possession.
If the part of the Premises condemned is less than 25% of the interior floor area,
or the Premises are useable for Tenant's purposes after condemnation, at the sole
option of Landlord, this Agreement shall remain in effect and shall not terminate.
Subject to any discretionary appropriations, if Landlord elects to continue the
Agreement, Landlord shall repair and reconstruct the Premises. During any repair
and reconstruction and after, Landlord shall abate Tenant's rent according and to
the extent that Tenant's use of the Premises for the purposes intended are
impaired. If Landlord elects to terminate this Agreement, the Agreement will
terminate on the date the condemner takes physical possession.
20. Surrender of Agreement Not a Merger. If Landlord has approved any subleases,
Tenant's voluntary or other surrender of this Agreement, or the parties' mutual
cancellation of it, will not merge the ownership and leasehold interests. At Landlord's sole
option, Tenant's surrender or any cancellation of the Agreement will terminate any
subleases.
21. Surrender of Premises. Tenant shall surrender the Premises, at the expiration or
earlier termination of this Agreement, in the same condition as when Tenant took
possession, reasonable use and wear excepted. Tenant shall remove all Tenants signs
and personal property, including trade fixtures that are removable without damage to the
Premises. Any Tenant property remaining on the Premises after the expiration or
termination, at Landlord's sole election, shall become the property of Landlord as provided
elsewhere in this Agreement. Tenant shall repair any damage to the Premises or to
15
Parking Structure No. 9 caused by Tenant's removal of its signs or trade fixtures.
22. Holding over. If Tenant fails to vacate and surrender the Premises on or before
the expiration or termination date, the Agreement, at Landlord's option, shall be deemed
a tenancy from month to month, until the Agreement is terminated in a matter prescribed
by law. During any hold over, Tenant shall pay a monthly rent in the amount of One
Thousand One Hundred an
d Forty-Four Dollars ($1,144.00).
of Tenant
23. Successors and Assigns. This Agreement shall benefit and be binding upon the
parties and their successors and assigns, subject to the restrictions on Tenant's
assignment and subletting.
24. Venue. Venue for any action or proceeding arising under this Agreement shall be
Fresno County, California.
25. Governing Law. California Law governs this Agreement and the legal relations
between the parties.
26. Place of Payments.Tenant shall pay all Rent and other sums payable to Landlord
at:
City of Fresno
Finance General Department
2600 Fresno Street, Suite 2156
Fresno, CA 93721
27. Notices. Unless the law otherwise requires, any notice, demand, or
communication hereunder, given by one party to the other, must be in writing. The notice
or communication will be duly served when personally delivered or when deposited in the
United States mail, first-class postage prepaid, and addressed as follows:
Tenant: Landlord:
Vivian Sanders Director
Dba /All About Nails General Services Department
& Season Trends 2101 G Street, Building A
1241 Van Ness Fresno, CA 93706
Fresno, CA 93706
Either party may change its address for notice purposes by delivering notice of the change
as provided in this section. Notice shall be deemed complete when personally delivered
or within 48 hours after the mailing of it, postage prepaid, and properly addressed.
28. Attorneys' Fees. If either party brings an action or proceeding to enforce or
interpret the provisions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees as fixed by the court or other tribunal.
16
DocuSign,Envelope ID: D2AB21 1 D-4B34-48C2-BCB8-E64635542323
29. Time is of the essence. Time is of the essence on this Agreement.
30. Entire Agreement. The exhibits referenced in this Agreement are by the
references incorporated into and made a part of this Agreement. This Agreement is the
entire agreement between Landlord and Tenant regarding the Premises. It correctly sets
forth the obligations of Landlord and Tenant to each other as of its date. Any agreements
or representations respecting the Premises or this Agreement not expressly set forth in
this instrument are void.
31. Partial Invalidity. If a count finds any provision of this Agreement to be invalid,
void, or unenforceable, the provision will be severed from this Agreement and the
remaining provisions of this Agreement will remain in effect.
32. Amendments. This Agreement may not be amended or otherwise modified in any
way whatsoever, except in writing signed by the parties.
33. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a
lesser amount than the rent, fees and/or charges due to be made by Tenant hereunder
shall be deemed to be other than on account of the rent, fees and/or charges due. No
endorsement or statement on or accompanying such payment shall be deemed an
accord and satisfaction or prejudice Landlord's right to the balance, or other remedies.
34. Subordinate Rights. This Agreement is subject and subordinate to the prior and
future rights and obligations of Landlord, its successors and assigns, to use its property
in the public interest, provided that the foregoing not unreasonably interferes with
Tenant's use of the Premises as provided in this Agreement. This Agreement is subject
to all matters of title which may affect the Premises now or hereafter.
[SIGNATURES APPEAR ON NEXT PAGE]
17
DocuSign Envelope ID:D2AB211 D-4B34-48C2-BCB8-E64635542323
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, Vivian Sanders, dba All About Nails /
A California municipal corporation Season Tren s
pocuSigrted by:
By: r
By:
Georgeanne A. White Name: ?
City Manager
Title:
(If corporation or LLC., Board Chair,
APPROVED AS TO FORM: Pres. or Vice Pres.)
ANDREW JANZ
City Attorney
51"
"S'g iby: Clinay Wills, dba All About Nails / Season
BY:
Su'ti 12/12/2023 Trends
� 1
ice_199711891woDate r
Deputy City Attorney By: I�
}
Name:
ATTEST: Title:
TODD STERMER, CMC (If corporation or LLC., CFO, Treasurer,
City Cle°r�, Secretary or Assistant Secretary)
a� Signed by:
By: 12/15/2023
Date
Deputy
Addresses:
LANDLORD: TENANT:
City of Fresno Vivian Sanders, dba All About Nails /
Attention: Director Season Trends
General Services Department 1241 Van Ness
2201 G Street Fresno, CA 93721
Fresno, CA 93706 Phone: (559) 498-2864
Phone: (559) 621-1155
Attachments:
Exhibits A
18
tat. Ft. —
6,213 3q.Ft.
O
2nd. FL —
2,3T1 Sq. Ft.
Basamant —
E 2,346 Sq.Ft.
a E TOTAL —.0,930 Sq.Ft.
a
a �
1 e
o
21166 Sq.Ft.
0
N c'7
OE 2$1'86 Bq.Ft.
A
1,144 S q.Ft.
v LLir
o _ }
1,144 S q. Ft. 4
m
r �
t 918 S q.Ft. 4�
. z
0
r C
1
H y
98134 Sgj"L
ff
CRY or
DRAWN DATE`f i
ir-minCt+i1 "'I EXHIBIT "A" CW'D 8Y: � DATE-'�
DEVELOPMENT DEPARTMENT 17 PAGE N0•
Tina Your
From: Amanda Martin
Sent: Friday, December 15, 2023 3:24 PM
To: Clerk
Subject: RE: Complete with DocuSign:Vivian Sanders Lease
Hi there,
That was my fault! I have the version that has the exhibit but I was locked out of the document. It is a map of
the storefronts and I have it with me.After you sign I can take it straight to you so you have the complete
document.
Amanda
From:Clerk<Clerk@fresno.gov>
Sent: Friday, December 15, 2023 2:48 PM
To:Amanda Martin<Amanda.Martin@fresno.gov>; Clerk<Clerk@fresno.gov>
Subject: RE:Complete with DocuSign:Vivian Sanders Lease
Hi Amanda,
I am ready to sign the DocuSign, but it says it has an Exhibit A.
I do not see any paperwork that says Exhibit A, is it included?
Thanks,
Tina
From: DocuSign NA3 System <dse NA3 docusi n.net>
Sent: Friday, December 15, 2023 2:37 PM
To:Clerk<Clerk@fresno.gov>
Subject:Complete with DocuSign:Vivian Sanders Lease
External Email: Use caution with links and attachments
DocuSign
Amanda Martin sent you a document to review and sign.
REVIEW DOCUMENT
Amanda Martin
amanda.mar tin(o)fresno.go
PRIVATE MESSAGE
Clerks,
You will see that the document has missing initials on pages 2 and 16. 1 went to the
location myself and got the initials- they are with me. The document is locked at this
time so I cannot swap it out. But they are completed and I will bring them up to you so
you have the complete package for filing.
Amanda
Attached is the lease for Vivian Sanders, Seasoned Trends. Please sign at your
earliest convenience.
Thank you,
Amanda
Do Not Share This Email
This email contains a secure link to DocuSign. Please do not share this email, link, or access code
with others.
Alternate Signing Method
Visit DocuSign.com, click 'Access Documents', and enter the security code
430F348681341341DED9708HA1811D09003
2