Preview
UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Bruce Al tschuld 109510
FIRM NAME: Law Offices of Bruce Al tschuld
STREET ADDRess: 11755 Wi 1 shire B1 vd. , Suite 12 5 0
c1TY: Los Angeles STATE: CA z1PcooE: 90025
TELEPHONE NO.: ( 310 ) 4 42 - 3 30 0 FAX NO.: ( 310 ) 4 42 - 82 6 6
EMAILADDREss: bruce@attorneyba.com
ATTORNEY FOR (name): p 1 a inti ff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREETADDRess: 111 North Hill Street
MAILING ADDRESS:
Los Angeles CA 90012
c1TYANDZ1PcoDE:
Central
BRANCH NAME:
PLAINTIFF: 59th Equity Investors LLC
DEFENDANT: Los Angeles Apparel, Inc.
IXIDOES1TO 10
CASE NUMBER:
COMPLAINT- UNLAWFUL DETAINER*
IXI COMPLAINT â–¡ AMENDED COMPLAINT (Amendment Number):
Jurisdiction (check all that apply):
â–¡ ACTION IS A LIMITED CIVIL CASE
Amount demanded â–¡ does not exceed $10,000.
â–¡ exceeds $10,000 but does not exceed $25,000.
IX) ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
â–¡ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
D
from unlawful detainer to general unlimited civil (possession not in Issue). â–¡ from limited to unlimited.
â–¡ from unlawful detainer to general limited civil (possession not in issue). D
from unlimited to limited.
1. PLAINTIFF (name each):
59th Equity Investors LLC
alleges causes of action against DEFENDANT (name each):
Los Angeles Apparel, Inc.
2. a. Plaintiff is (1) D an individual over the age of 18 years. (4) D
a partnership.
(2) D a public agency. (5) D
a corporation.
(3) IXI other(specify): limited liability company
b. IXI Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street
address, apt. no., city, zip code, and county):
911 East 59th Street
Los Angeles, CA 90001
b. The premises in 3a are (check one)
(1) W within the city limits of (name of city): Los Angeles
(2) â–¡ within the unincorporated area of (name of county):
c. The premises in 3a were constructed in (approximate year):
4. Plaintiffs interest in the premises is Was owner D other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc.,§ 1161a). Page 1 of4
Form Approved for Optional Use COMPLAINT- UNLAWFUL DETAINER Civil Code,§ 1940 et seq.
Judicial Council of California Code of Civil Procedure, §§ 425.12, 1166
UD-100 [Rev. September 1, 2020) ,vww.courls.ca.gov
rm· 1Essent1a1 59th Equity Investors
UD-100
CASE NUMBER:
PLAINTIFF: 59th Equity Investors LLC
DEFENDANT: Los Angeles Apparel, Inc.
6. a. Onorabout(date): April 1, 2020
defendant (name each):
Los Angeles Apparel, Inc.
(1) agreed to rent the premises as a Wmonth-to-month tenancy â–¡ other tenancy (specify):
(2) agreed to pay rent of$ 2 5 , 0 0 0 payable â–¡ monthly â–¡ other (specify frequency):
(3) agreed to pay rent on the IX] first of the month â–¡ other day (specify):
b. This IX] written â–¡ oral agreement was made with
(1) IX] plaintiff. (3) â–¡ plaintiffs predecessor in interest.
(2) â–¡ plaintiffs agent. (4) â–¡ Other (specify):
c. W The defendants not named in item 6a are
(1) â–¡ subtenants.
(2) â–¡ assignees.
(3) â–¡ Other (specify):
d. W The agreement was later changed as follows (specify):
Amended July 31, 2021
e. W A copy of the written agreement, induding any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f. â–¡ (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) â–¡ the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) □ this action is solely for nonpayment of rent (Code Civ. Proc., § 1161 (2)).
7. The tenancy described in 6 (complete (a) or (b))
a. W
is not subject to the Tenant Protection Act of 2019 (Civil Code,§ 1946.2). The specific subpart supporting why tenancy
is exempt is (specify):
b. â–¡ is subject to the Tenant Protection Act of 2019.
8. (Complete only if item 7b is checked. Check all applicable boxes.)
a. lXJ The tenancy was terminated for at-fault just cause (Civil Code,§ 1946.2(b)(1)).
b. □ The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)
(1) â–¡ waived the payment of rent for the final month of the tenancy, before the rent came due, under
section 1946.2(d)(2), in the amount of$
(2) â–¡ provided a direct payment of one month's rent under section 1946.2(d)(3), equaling $
to (name each defendant and amount given to each):
c. IX] Because defendant failed to vacate, plaintiff is seeking to recover the total amount in Sb as damages in this action.
9. a. IXI Defendant (name each): Los Angles Apparel, Inc. and Dov Chaney as guarantor
was served the following notice on the same date and in the same manner:
(1) â–¡ 3-day notice to pay rent or quit (5) â–¡ 3-day notice to perform covenants or quit
(2) IX] 30-day notice to quit (not applicable if item 7b checked)
(3) □ 60-day notice to quit (6) □ 3-day notice to quit under Civil Code,§ 1946.2(c)
(4) â–¡ 3-day notice to quit Prior required notice to perform covenants served (date):
(7) â–¡ Other (specify):
UD-100 [Rev. September 1, 2020] COMPLAINT - UNLAWFUL DETAINER Page 2 o14
rm· 1 Essential 59th Equity Investors
UD-100
CASE NUMBER:
PLAINTIFF: 59th Equity Investors LLC
DEFENDANT: Los Angeles Apparel, Inc.
6. a. Onorabout(date): April 1, 2020
defendant (name each):
Los Angeles Apparel, Inc.
(1) agreed to rent the premises as a Wmonth-to-month tenancy â–¡ other tenancy {specify):
(2) agreed to pay rent of$ 2 5 , 0 0 0 payable â–¡ monthly â–¡ other (specify frequency):
(3) agreed to pay rent on the W
first of the month â–¡ other day (specify):
b. This Wwritten â–¡ oral agreement was made with
(1) W
plaintiff. (3) â–¡ plaintiffs predecessor in interest.
(2) â–¡ plaintiffs agent. (4) â–¡ Other (specify):
c. W The defendants not named in item 6a are
(1) â–¡ subtenants.
(2) â–¡ assignees.
(3) â–¡ Other (specify):
d. W The agreement was later changed as follows (specify):
Amended July 31, 2021
e. fXI
A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f. â–¡ (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) â–¡ the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) □ this action is solely for nonpayment of rent (Code Civ. Proc., § 1161 (2)).
7. The tenancy described in 6 (complete (a) or (b))
a. (XI
is not subject to the Tenant Protection Act of 2019 (Civil Code,§ 1946.2). The specific subpart supporting why tenancy
is exempt is (specify):
b. â–¡ is subject to the Tenant Protection Act of 2019.
8. (Complete only if item 7b is checked. Check all applicable boxes.)
a. (XI The tenancy was terminated for at-fault just cause (Civil Code,§ 1946.2(b)(1)).
b. □ The tenancy was terminated for no-fault just cause (Civil Code,§ 1946.2(b)(2)) and the plaintiff (check one)
(1) â–¡ waived the payment of rent for the final month of the tenancy, before the rent came due, under
section 1946.2(d)(2), in the amount of$
(2) â–¡ provided a direct payment of one month's rent under section 1946.2(d)(3), equaling$
to (name each defendant and amount given to each):
c. fXI Because defendant failed to vacate, plaintiff is seeking to recover the total amount in Sb as damages in this action.
9. a. (XI Defendant (name each): Los Angles Apparel, Inc.
was served the following notice on the same date and in the same manner:
(1) D 3-day notice to pay rent or quit (5) â–¡ 3-day notice to perform covenants or quit
(2) W 30-day notice to quit (not applicable if item 7b checked)
(3) D 60-day notice to quit (6) □ 3-day notice to quit under Civil Code, § 1946.2(c)
(4) D 3-day notice to quit Prior required notice to perform covenants served (date):
(7) â–¡ Other (specify):
UD-100 [Rev. September 1, 2020) COMPLAINT - UNLAWFUL DETAINER Page 2 ot,
rt=R• 1Essential 59th Equity Investors
UD-100
CASE NUMBER:
PLAINTIFF: 59th Equty Investors LLC
DEFENDANT: Los Angeles Apparel, Inc.
9. b. (1) On (date): April 2 5, 2 02 4 the period stated in the notice checked in 9a expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All fads stated in the notice are true.
d. W The notice included an eledion of forfeiture.
e. □ A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,§ 1166.
When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)
f. □ One or more defendants were served (1) with the prior required notice under Civil Code,§ 1946.2(c), (2) with a different
notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a
statement providing the information required by items 9a-e and 10 for each defendant and notice.)
10. a. W The notice in item 9a was served on the defendant named in item 9a as follows:
(1) â–¡ By personally handing a copy to defendant on (date):
(2) W By leaving a copy with (name or description): Daniel Bernal, and Joaquin Ramos
a person of suitable age and discretion, on (date): March 2 2, 2 0 2 4 , at defendant's
â–¡ residence â–¡ business AND mailing a copy to defendant at defendant's place of residence
on (date): because defendant cannot be found at defendant's residence or usual place of business.
(3) â–¡ By posting a copy on the premises on (date):
â–¡ AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises
on (date):
(a) â–¡ because defendant's residence and usual place of business cannot be ascertained OR
(b) â–¡ because no person of suitable age or discretion can be found there.
(4) W (Not for 3-day notice; see Civil Code, § 1946, before using) By sending a copy by certified or registered mail
addressed to defendant on (date): March 22, 202 4
(5) □ (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written
commercial lease between the parties
b. â–¡ (Name):
was ~erved on behalf of all defendants who signed a joint written rental agreement.
c. â–¡ Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c. .
d. â–¡ Proof of service of the notice in item 9a is attached and labeled Exhibit 3.
11. â–¡ Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
12. â–¡ At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
13. W The fair rental value of the premises is$ 1, 16 6 per day.
14. W Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.)
15. W A written agreement between the parties provides for attorney fees.
16. â–¡ Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and
date of passage):
Plaintiff has met all applicable requirements of the ordinances.
17. â–¡ Other allegations are stated in Attachment 17.
18. Plaintiff accepts the jurisdidional limit, if any, of the court.
UD-100 !Rev. September 1, 2020) COMPLAINT - UNLAWFUL DETAINER Pago 3 of 4
~~-1~~= 59th Equity Investors
UD-100
CASE NUMBER:
P~â„¢TIFR 59th Equty Investors LLC
DEFENDANT: Los Angles Apparel, Inc.
19. PLAINTIFF REQUESTS
a. possession of the premises. f. â–¡ damages in the amount of waived rent or relocation assistance
b. costs incurred in this proceeding: as stated in item 8: $
c. IXI past-due rent of$ $15 4 , 0 0 0 g. â–¡ damages at the rate stated in item 13 from
d. IXI reasonable attorney fees. (date):
e. IXI forfeiture of the agreement. for each day that defendants remain in possession through entry of judgment.
h. â–¡ statutory damages up to $600 for the conduct alleged in item 14.
i. IX] other (specify): Damages for Defendant's
failure
to comply with LAFD
requirements
20. â–¡ Number of pages attached (specify):
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
21. â–¡ (Complete in all cases.) An unlawful detainer assistant IX] did not â–¡ did
for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from an unlawful
detainer assistant, complete a-f.)
a. Assistant's name: c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
Date:
(lYPE OR PRINT NAME)
â–º--------
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
l • n·E OR PRINT NAME)
â–º-------- (SIGNATURE OF PLAINTIFF)
UD-100 [Rev. September 1, 2020) COMPLAINT- UNLAWFUL DETAINER Page4of4
59th Equity Investors
UD-101
PLAINTIFF: 59th Eq~ty Investors LLC CASENUMBst
DEFENDANT: Los An les A arel, Inc.
11. â–¡ Rent or other financlal obligations due after ~ h 31, 2022. (Only app/Jcab/e If action is filed on or after April 1, 2022.)
The only demand for rent or other financial obligations on ~lch the unlawful detainer complaint ln this action is based Is a
demand for payment of rent due after March 31, 2022. •
12. â–¡ Statements regardlr19 rental assistance (Required In all actions based on nonpayment ofrent or any other finanelal
obllgatlon. Plaintiff mUBt answer all the questions in lhlsltem and, If /atflr seeking a default}udgm,nt will also need to tile
Verification Regar~ing Rental Assistance-Unlawful Detainer (lonn Ul)-120).)
a. Has plaintiff received rental assistance or other financial c:ompensation from any other source corresponding to the amount
demanded in the notice underlying the complaint? â–¡ Yes â–¡ No
b. Has plaintiff received rental assistance or other financial compen~tfon frc>m any other source for rent accruing allerth,e date of
the notice underlying the complaint? .â–¡ Yes â–¡ No
c. Does plaintiff have any pending appllcatfon for rental a~lstance or other financial compensation from 8"Y other.source
correspondlnQ to the amount demanded _In 1}le ~otice underlying tht3 complaint? â–¡ Yes â–¡ No
d. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source for rent
acauing alferthe date en the notice underlying the complaint? â–¡ Yes â–¡ No
13. â–¡ Other allegations Plaintiff makes the foflowing addltional allegations: (Stale any additional a/legations below, with eacm
allegation lettered In order, starting with {a), (bJ. (c), etc. If there is not enough space below. check the box. below and use
fonn MC-026. title It AI/Bchme11t 13, and letter each a/legation In order.)· □ Other allegations are on form M~025.
Defendant is subject to a Los Angeles Sheriff's Department notice
to clear the property but refufies to comply or give Pl.aintiff
access to the property to respond to the Los Angeles Sheriff's
Department notice {Exhibit 4)
14. fXI Number of pages attached .(specify):
Date: 4 /?6/2024
~
Bruce AJtscbuJd
(TYPE ORPRIHT NAME)
â–º--------
(SlGNATURE OFPt.AD(liFF ORATl'ORNEY)
VERIFICATION
(Use a different verification form ff the veriRcatlon Is .b.y an !Jlto9151y or for a corporation or pann,rshlp.J
I am the plaintiff in this proceeding and have read this c:omplalnl I declare under penalty of perjury under. the laws of the State of
Cslifomla that the foregoing Is true and correct.
Date: _ _ _ _ _ _ __
59tb Equty Investors LI,C â–º--~,...___.
----~---------.--- (SfGNATUR&)
W>-101 (Rov. JU,, 1,. 20221 PLAINTIFF~S MANDATORY COVER SHEET AND ,aeoaoris
aCESjEssential SUPPLEMENTAL ALLEGATIONS-UNLAWFUL DETAINER
ceb.com IDForm&- 59th Equity Investors
EXHIBIT 1
AIRCR!
STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE - GROSS
(DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS)
1. Basic Provisions ("Basic Provisions").
. 1.1 Parties. Thts tease ("Lease"), dated for reference purposes only April 1. 2020 , Is made by and between
11
59th Equity Inyestors. Ltc. a pelawar0 Limited Liability company ( 1.assor"tand ...a9L.
11 11 11
Angeles Apparel. Inc: C a Delaware Corporation ( Lessee ), (collectively the Partles,• or fndtvldually a
"Part,;1).
1.2 Premises: That certain real property, fncludlnB all Improvements therein or to be provided by Lessor under the
terms of this Lease, commonly known as (streetaddress, city, state, zip): 911 fi S9tb at , lAn Ma 1en, ca
1W2D.1,.. ("Premlses11). The Premises are located In the County of Lgs Anqeleo , and are generaUy described as
(describe briefly the nature of the property and , If appllcable, the 11Project," If the property Is located within a Project):
apprgximas;e1y 11« ooo square (eat; 0 ( building seos@ and p,uking :moses • (See also Paraaraph
2)
I 1.3 Term: _ _ _ yearund 1s months(110rfglnalTenn11) commendns April n, 2020
("Commencement Date") and endtns Jnly 22, 2021 ("Expiration Date11 ). (See also Paragraph 3)
1.4 Early Possession:. If the Premises are avallab!e Lessee may have non-excluslve possession of the Premises
commencing April 1, 2020 ("Early Possession oate•). (See also Paragraphs 3.2 and 3.3)
1.5 Base Rent: s2s.ooo.oo permonth("BaseRent"),payableonthe 1st dayofeachmonth
commencing April 23. 2020 . (See also Paragraph4)
D If this box ts checked, there are provisions In this Lease for the Base Rent to be adjusted. See Paragraph
1.6 Base Rent and Other Monies P a ~ Execution:
(a) BaseRent: J24Q.OO·PP~adoci April 23. 2020 - May 22. 2020 •
(b) Security Deposlblr ...rs a. ga FLrltV Deposit"). (See also Parasraph 5)
(c) Association Fees: _ _ _ for the period _ __
(d) Other: HI oo for Fire r,,1apg Mgnitpg;ing for l\P£il •
(e) Total Due Upon Execution of this Lease: $SQ QfB oo .
1.7 Agreed use: Thft erernheo shall hft YSft4 as o warehouse, dye house and for what;eyer
lega 1 P'ITP03C it ma,y 3ftVlfl • (See also Paraa,aph 6)
1s8 IASHFIRI Paft\\ l.f!55BF 15 the 11IRSUril18 Pafl\111• lhe aRnual •ease PrellduRl• is , (See alsB Parag,aph 8)
1s9 Real Estiale Brellefl. (&ee al5e PaFalfilph H BRII a&)
(ii) RepresenlallaA· &ash Paftr a,•na1,trledges res~Flng a Diselasure Regardine Real &sate AgeAG\,1 Relatianshlp,
eenfiffflS and eensents te the fella ,Jin9 aaene, relationships IA this Lease ,...1111 the fellewiR8 real estate brelEeP.i
1•arelef5I•) and/er their agents f11 C\gen$)")1
Lesson lrokai:ap Sis:ria UcaAsa oro 1, ~a tarokes: of (Gtla;k oAal· D 11:ia Lascoi::; os: D .--.
11:ie Le&&oe aRd Le&Sas: (4wal agaRIJ
Lassar'G Aaant License Ne Is ldlack enoJ· D-tha laassai:::c ApAt (salesperson er lareker
assoclatah er D ho• •a Lessee's OpAt and Illa LaSGor'c Apnt lciwal aseAtl
Lessee', Drokarago R~ Ucensa ~le 1, tlia tarokar of ,~ask anal· 0 11:aa Lescaa» os: D ..._
Iba Lassoa and &escos: (dual apRIJ
lessee's~• Ucansa ~le Is (;I.lack ane~· D Iha l.e&Goa's .AgeAt (salasporsen ar brekes:
ascoGiat&J; or .LJ b- 11:10 L.ascoe's Opnt aRd die Lassos:', oaant (dwal aaantl
(hi Pa\AROAI to Brakess Ypen eacacutien and deU'li&P)' ef 11:115 Lease by betl:I PaAia&, LOESGF sllall pay le l~a
ai:okeRi Illa lasakeAge fee agroad te In a separ:ala t1FA1laA ap1arRant (Gr if lllasa 11 no swcl:a aas:aeriaent, Illa ,uria of
---~ K. oflhe total Base Ren., fer the brelreraae seAiiees rendered b1; ~e BrefteFS,
1.10 Guarantor. The obligations of the Lessee under this tease are to be suaranteed bv pgy Cboro@Y
(°Guarantor"). (See also Paragraph 37)
1.11 Attachments. Attached hereto are the following, all of which constitute a part of this Lease:
li2I an Addendum conslstfns of Paragraphs ~ through ss ;
"-1 a plot plan depicting the Premises; F.xbibit •A•
D a current set of the Rules and Regulatfons;
D a Worfc Letter;
~other(spedfy): Arbit;raU20 Aqreem.pnt, Enyironmenu1 tndemnit;y Mteemeot and Guarant;y
ot Lease •
2. Premises.
2.1 Letting. Lessor herebv leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the
rental, and upon an of the terms, covenants and condltfons set forth In this Lease. Whtie the approximate square
';Jlj8 of the Premises mav have been used In the marfcetfng of the Premises for purposes of comparison, the Base Rent
~ J~v
0 2019 AlR CRE. All RJ&hts Reserved. Last Edited: 4/20/2020 12:46 PM
SJG.27AO, Revised 11•25-2019 Pagelof32
stated herein Is NOT tied to square footage and Is rtotsubject to adjustment should the actual size be determined to be
different. NOTE: Lessee Is advised to verify the actual size prior to executing this Lease.
aii! GeAditlaA, 1:iessaF shall deli"8F Ille PFeMises te l:.essee breeM E4eaA aAd fFee eJ deb Fis eA Ille 6e111MeA&eFReAI
9ale aF tile EaFIJ' PessessiaR 9ale, •it~l:lleheti1eF fiBI eeEtlFS f"Slafl Date11 t, aAd, se lBRI as the FeqHiFed seAilee eeRltaels
desefibed IA Para1,apll ~=il:lbl belau aFe ebtalRed b~ l:essee aRd IA effe&I r~tvllhiA dllflr, da,s felle11IRg lhe Slafl Dale,
11,ai:raAl& lhal Ille eadstiAO eleGIFlal, pl1:i1111biRs, fiFe &pFiAkler, ll&hliRg, heallRg, ueAtilallAg aAd aiF eeAditiaAiRg •leFR5
( 11 N'~t, leaEAne deass, suAlp p111'Aps, If arv;. and all elher &Y&l:I ola1HAts In Ille PreFAl&os, alheF lhan lhesa sen&tFuaed
bylaaESaa, ,~aU IJo in pad apal::aline candlliaA an said daw and 1ha1,ha sudase aRd •u"usal alal'AaM& en~a see,
INlarine mall& and feundaliGA ef aw,, building& GA Iha IIRUAl&a& "he 11BullcllR§!J &hall be free ef SR3'8a:ial dafe&t&, and lhal
&ha URI& clea, no& con&ain baaaA1hn1, leual& of BA\t FAolcl os: fun&I clafinad a, &o~G UAdes: appll;abla &late os: faclas:al lam If
a R8A eeMpliaRee 1it~1idl said • '3HaAl\1 eMist5 as et Ille StaFI 9ale, eF II eAe et s11ell sy!ilelRS eF eleflleRts sheuld
MalfllREllaR eF fall ..llhlA 11:te app,epFlale • aFFaRl'f pefied, bessaF shall, as befief!s sele ehllgatieA rifith respea 18 s1:1eh
Maller, e11eep1 as ell:leA,1lse pre1,lded IA this bease; preFRpt-1Â¥ afleF Feeeipl el 111FideR Retiee freRI l:essee seltiAI feflh with
speeiAeiW tile Rature aRd e1iteAI eh11ell ABA eelRpllaAee, 111alfHAetieA eFfail1ue, Feeti"' sa1Re al besse,•s eMpeAse, :Ale
maFFaA~ peFieds shall be as felleurfi1 ~16 IRBAIRS as la lhe MVAG &y51e1Rs, aAd IHI 39 da115 as 18 lhe Fe111aiAiAB !i\w.ileAl&
aRd elheF elefReAt5 etlhe B1:1ildiA8, IF be55ee dees R8l 8P4e l:essaF die ,eq1:1IFed Aatiee 1ittithiA die apprepFlale v1aFraRl\1
period, sar.a:octioA of any susll ADA compliance, A1alf41Alilien er failura &hall be Ille ebR(PdoA ef laa&&oe at Le&&ae'& &ole
mst aRel e,cpaA&a, a~sap& fos: Iha R»9' feunclalians, aRd laeai:lne u,all, mRiGh are ~aRdlecl a& ps:a~4dacl in pas:aeraptl :z
Las,oi: al,o auars:an&&, daa& uAlaH edlaruii,a &pacified IA mrilina, wa&&os: i& unamasa of ,11 arv, AJGOrclad OilOlkla& ef Defaul&
aloctine tho IIAHAiH; {ii) aAy clolinquont amouAt& clue undei: an~· loan sacur:acl b·1 ,~a 111:oml&es; and ,no any bankrup'1;\·
pra,aadlne affeGline Ille 12remlsas
.. · 213 Gempllanee, l:essaF ~tJafraR1'5 lh8' la Ille best ef 115 kAa •1Aedge Ille l111pFave1ReRls eR die PFeFRises eempl ., wilh
Ille bYRdiAg eades, appllsable lams, ea1,eAaAls eF Fe&Fi&tiaAs aheeard, FegulalieA&, aAd a111diAaAees l"Appllsallle
Aeq11lret11eRts"J lhal 1nere IA effeel al Ille tiMe lhal eaeh IR1pf8\leR1eAt_ eF peFlfeR theFee6 was eanslAleled, Said
.. aFFaRl\r does netapp" le the 1:1se 1e • Alieh l:essee wJII pt1I the PFefRlses, Medifieatiens whleh fRir/be FequiFed b, the
AMeFieaAs mllh 8isabililies ,~,a eF aw/ slRtllaF lwn15 as a res1:1l1 at bessee's use lsee Pa,a9,apll 49J BF te any itJ1e,adeRs eF
I liili&y ln1&alla&iOAli ,a, definacl IA Aasassapll :i 3'811 SRada OS: to ba SRacla by WIHH DI011i· La&&~a I, s:a,poA&illla fas:
de,aAAIAIA& wl:latllas: en: Ao& &l:la Appllcalale Raquls:amant&, aRcl aapa,lall¥ Ille 1eAIA1, are appAlpFla-. fos: Le&&ea'a
ln&andad use, aAd HkAeuJleclge& Illa& pa5' usa& af die 12saml&as 111ay AD lenses: Ila all~ued If Ille lli:as:nl&e& do Rel
mmpl\1 u4ttl &aid u,arJaAl\f, Lesses: shall, ea4;apl a& elhe~•~l&e p~4decl, promptly aftes: i:o,elpl aJmr:iltaR AotiGa i:eAl
La&liaa sallin& fer&II midi apacifici&\· &be Aawre aAd ax&an& oi suc:h ROA m~liaAca, AJc&if\t Illa same al La&&en:'& aacpanH
IH:essee does natil.e l:esseFwFillen natiee ala nan eefRplianee 111.1111 this ~laFNAl\1 uilllln 6 MBRtltsfellerntlAB lhe StaFI
9ale, eeFFeeden aflhal nan eaMplianee shall be the abligatiaR eF l:essee al bessee's sale eest aAd eiipense II the
P:pplieable Ae11tli•e111ents BR! heFeafteF ehaAged seas te Feq1:11Fe EhtFIRg lhe teFfll aFlhls l:ease Ille e1:n1swaieR et aR
a~d~tieR la eF BR aller:atiaR ahhe PFelRlses and1feF BHildlRI; the refRedialiaR ehwi, Hai!afde~s 5t1bstaRee, aF the
11 11
FelA e,ee111eRt BF ether ph,sleal 111edifteatieR of the YRII, P•emlses aRti«eF 81:1HdiRB ( Gapltal &pendllllre ~, 1:esseF and
l:essee shall alleiae die east eht1EII it1efit as fello111~1
1
. ,a~ Subjacue ~,agsaph :a ,U;J heleu~ ifsu;l:I Gapi&al liacponcll&~res ase se~wls:ed as a raswl& ehl:le spa;ilG aRd
UAl'IUB uso ef tlle PreA11sos by wa&&aa a& seFApaAJd midl uses 111/ liOAanli In pAar;1~ l.o&&eo shall Ila fully FB&pen&ilda fes:
Iba co&& lllaAJo~ p~llded, ~o•uouai; Iba& ii su;b C:api&al iMpendi&ura Is AJqnirad cluiine &ha lase :a year:& of &hi& Lea&a and
·~ ~9&1 ~~~8foMG68d&: Al8Alih&1 lase ABAI, l.o&&aa Alay iA&load laAAinate d:11& Lease YAie&& Lam,r Ratifies Le&&aa, iA
\tJF11iAg, 1N•St•R :1:9 dar15 a..eF Feeeipl at lessee's teFMinaliaR Raliee dlal L:esseF has eleeted te pay th·e dlffeFeRee bet\f,1eeA
Ille ae11:1al east dlereef aRd an a111e1:1n1 equal le 6 1ReRdls1 Base Rent. If l:essee eleas teFIRiAatiBtt, l:essee shall
hRMedlalel'JI sease llle 1:i1se aJ tt:le PR!fRises r~ullleh FeqYiF85 s1:1et:1 Gapital 61EpeRdit-YFe aRd deUveF ta LesseF mFllleA Aatiee
speelf\11R8 a teFMiRalieA dale at least 98 da\15 lheFeafteF, &1:1eh lefMinaden dale shall, he'-,erref, la aa e,e- be eaFlleF
thaR the last day lhal l:essee eeYld leeall, ulilii!e the Pfe1Rises .. ilhattl 681RflleReiAO sueh Qlpltal ENpendlll:IFe.
lbl II s1:1a1 Gapltal &Mpendiw,e Is Rel die FeSUII ehhe speeifie and 1:1Riq11e 1:15e aFlhe PFelRises b l:essee (51:1eh as
s;uas:nmoAlially manclatecl li8i&111i; FAGdil;aUen,J, daan Lassos: ,~all pay fes: ,ucb C:apl&al i•andl&wi:a anJ LaHaa sl:lall "
ORiy be ebliplod &a p~ oa&tl IAGAtil dYRA& Ille i:a111alRdaa: eJ ~o IBFAl af d:li& Lease es: aA1t 8&1A&i8A llloAJa, GR ,~a
dale &l:la, en mtli&l:I Ille Basa Pant is due, an ameuAli equal ta a,tau~ et Iha porlioA et s;~h ,asl& Fea&enalJt,, allrllilumbla
19 Iha PfeAli505 l.o&&ao &ball pay IACSF8&& 8A 11:ia balaAG8 bul Ali¥ ps:epay it& elilllpliGA al IR\I li~e ., tlomauas; &UGh
Qlpl&al Expanclllui:a 1, AJquii:ad clurine Ilia la&& :Z yeas:& oflhls Lease OF if L8HOF r:oa&enat.ly clateAAIR8' ll:lal II 1, Roi
ee~Aemleal_l1/ feaslble te P~ its stta,e lheFeeg besseF st.all 1:1~'8 lhe eptieR te teFIRIAate lhls !:ease upeA 99 dats pFieF
FF1~eA Aeliee le l:iessee uAless l:essee Relilles l:iesser, IA ~0Fitin11 •wllhlA &9 dar,s afleF reeelpl ef l:essaf!s teFflliRalieA
neliee lhal l:essee .. IA pa, feF 51:1611 Gapltal Et1peRdil1:1Fe1 IJ l:eSSBF dees Rat eleel te leFffllRale, aRd fails 18 teAdeF 115
stiaFe et aw; SYEh Qlpltal &IEpeRdilHFe, Lessee ma,i ad ,UA68 sueh fHAdS aRd dedt161 SaRle, n4l:h IAleFest, ffGRl AeAI l:IAl:il
1:essaF's slla,e efsyeil easts '1ar,1e beeA ~11,i paid, II bessee is ttAable le finanee besseF's share, eF If Ille halaAee afl'1e
AeRI due aAd pa,.able feF the feRIBIRdeF el lhls l:ease f5 nel SHfli&leRI te fHY~ FeiffllHIFSe bessee en BA eff5el basis, l:essee
&hall "aar,e &ha rlel:lli 19 teF~iRate &Ille Lease upon 30 day& orriltan AOliGa &e Lessor
Isl Newrilf:lstandlna ll:le ahaua, 1ho pra,risieA& GSAGBFRlng Gapical fiMPBAdilYra& are lnleAdad le applr1 enl¥ 1e
ROA uoh.in&a~ WA8Mp0"8d, and Ram Applicable aaqulr.ol'ABA&E It liha Gapi&al ~pendiWFB5 as:a ins,aad IA890~cl b·1
Le&Eea a& a raswlli eC an aGliual or: psepe&ecl aanso In use, sllanea in IA18A&i&y ef u&a, er modifiGalien &a Iha Pro~;~s
lheA, aAd IA that er.ientJ l:essee shall eldleA Ill i111111ediatel\1 eease s1:teh Ellanaed HSe eF IRteAslt, el 1:1se aRd/eF talft! sYdl
etlteF steps as ma 1i1 be neeessaflf le eliMIAale Ille FeqHiFeflleRI feF s1:1a1 Gapital El(fleAdill:IFe, eF liil EefRplete well atpltal
Ei lt:uFe al lls eu"1 eMpeRse Lessee sl:aall Rel, tiame•res; ha·re any Fight te 1eF1RiRate ltlis Lease,
Jr/
E=
0 2019 AIR CRE. Alt Rights Reserved. Last Edlted:4/20/2020 12:46 PM
STG-27.40, Revised 11-25-2019 Page2of32
I 2.4 Aclcnowtedpments. Lessee acknowledges that: (a) It has been Biven an opportunity to Inspect and measure
the Premises, (b) It has been advised by Lessor and/or Broken to satisfy Itself with respect to the size and conditfon of
the Premises (lndudlna but not limited to the electrical, HVAC and fire sprinkler systems, security, envtronmental
aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for
Lessee's Intended use, (c) Lessee has made such investigation as It deems neces,ary with reference to such matters and
assumes all responsibility therefor as the same relate to lts occupancy of the Premises, (d) It Is not relying on any
representation as to the size of the Premises made by Brokers or Lessor, (e) the square footage of the Premises was not
material to Lessee's dedslon to lease the Premises and pay the Rent stated herein, and (f) neither Lessor, Lessor's agents,
nor Brokers have made any oral or written representations or warrantfes with respect to said matters other than as set
forth In this Lease. In addition, Lessor adcnowZedps that: 0) Brokers have made no representations, promises or
warranties concemlng Lessee's ability to honor the Lease or suitability to occupy the Premises, and (II) It Is Lessor's sole
responsiblllty to Investigate the financial capablllty artd/or suitability of all proposed tenants.
2.5 Lessee as Prior Owner/OccupanL The warranties made by Lessor In Parasraph 2 shall be of no force or effect If
immediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event. Lessee shall be
responsible for any necessary correctlve work.
3. Tenn.
3.1 Tenn. lhe Commencement Date, Expiration Date and Original Term of this Lease are asspedfied fn Parapaph
1.3.
3.2 Early Possession. Any provision herein granting lessee Early Possession of the Premises Is subject to and
conditioned upon the Premises being avaHable for such possession prior to the Commencement Date. Any srant of Early
Possession only conveys a non-exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises
prior to the COmmencement Date, the oblfptfon to pay Base Rent shall be abated for the period of such Early
P.ossesslon. All other terms of this lease Ondudlns but not Umlted to the obligations to pay Real Property lmces and
Insurance premiums and to maintain the Premises) shall be In effect during such period. Any such Early Possession shall
not affect the Expiration Date.
3.3 Delay In Possession. Lessor agrees to use Its best commercially reasonable efforts to deliver possession of the
Premises to Lessee by the Commencement Date. It despite said efforts, Lessor Is unable to deliver possession by such
date, Lessor sh~tl not be subject to any Dablllty therefor, nor shall such failure affect the valldlty of this Lease or change
the Expiration Date. Lessee shall not, however, be obUgated to pay Rent or perform lts other oblf&atlons until Lessor
delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall
run from the date of delivery of possession and contfnue for a period equal to what Lessee would otherwise have
•enjoyed under the terms hereot but minus any days of delay caused by the acts or omissions of Lessee. If possesslon Is
not detlvered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work
Letter executed by Parties, Lessee may, atlts option, by notice fn writing within 10 days after the end of such 60 day
period, cancel this Lease,.ln which event the Parties shall be discharged from all obDgatfons hereunder. If such written
notice Is not received by Lessor within said 10 day period, Lessee's rfsht to cancel shall terminate. If possession of the
Premises Is not derNered within 120 days after the Commencement Date, this Lease shall terminate unless other
agreements are reached between Lessor and Lessee, In writing.
3.4 Lessee Compllance. Lessor shall not be required to tender possession of the Premises to Lessee untfJ Lessee
compnes with Its obUptlon to provlde evidence of Insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee
shall be requlred to perform all of its obligations under this Lease from and after the Start Date, tndudina the payment of
Rent, notwlthstancrmg Lessor's election to withhold possession pendins receipt of such evidence of fnsurance. Further, If
Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur
but Lessor may e!ect to withhold possession until such condltfons are satisfied.
4. Rent.
4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security
Deposit) are deemed to be rent ("Rent").
4.2 PaymenL Lessee shaD cause payment of Rent to be received by Lessor In lawful money of the United States,
without offset or deduction (except as specifically permitted in this Lease), on or before the day on which It Is due. AD
monetary amounts shall be rounded to the nearest whole dollar. In the event that any Invoice prepared by Lessor Is
Inaccurate such Inaccuracy shall not constitute a waiver and Lessee shall be obUsated to pay the amount set forth in this
Lease. Rent for any period durfng the term hereof which Is for less than one full calendar month shall be prorated based
upon the actual number of days of said month. Payment of Rent shall be made to Lessor at Its address stated herein or
to such other persons or place as Lessor may from time to tfme designate tn writing. Acceptance of a payment which Is
less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's
endorsement of any check so statfns- In the event that any check, draft, or other Instrument of payment slven by lessee
to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of $25 In addltfon to any Late Charge and
Lessor, at Its option, may require all future payments to be made by Lessee to be by cashier's check. Payments will be
appDed first to accrued late charses and attorney's fees, second to accrued Interest, then to Base Rent;, Insurance and
Real Property Taxes, and any remalnlng amount to any other outstanding charses or costs.
4.3 Assodation Fees. In addition to the Base Rent, Lessee shall pay to Lessor each month an amount equal to any
owner's association or condominium fees levied or assessed aplnst the Premises. 5ald monies shall be paid at the same
time and In the same manner as the Base Rent.
~Depaott. Lessee shall deposit withlessatupGII ; han!of the Security Dei,o,ltas sacurltylor
0 2019AIRCRE. All Rfghts Reserved. Last Edlted:4/20/202012:46 PM
SlG-27.40, Revised 11-25-2019 Page 3 of 32
Lessee's faithful performance of its obligations under this Lease. If Lessee falls to pay Rent, or otherwise Defaults under
this Lease, Lessor may use, apply or retain all or any portion of sa!d Security Deposit for the payment of any amount
already due Lessor, for Rents which wlll be due in the future, and/ orto reimburse or compensate Lessor for any Oablllty,
expense, loss or damase which Lessor may suffer or Incur by reason thereat If Lessor uses or applles all or any portion
of the Security Deposit, Lessee shaU within 10 days after written request therefor deposlt monies with Lessor sufficient
to restore said Security Deposit to the fuD amount requ!red by this lease. If the Base Rent Increases durtns the term of
this Lease, Lessee shall, upon written request from Lessor, deposit addltfonal monies with Lessor so that the total
amount of the Security Deposit shall atatl times bear the same proportion to the increased Base Rent as the Initial
Security Deposit bore to the Initial Base Rent. Should the Asreed Use be amended to accommodate a material change In
the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the rlsht to Increase the Security
Deposit to the extent necessary, In Lessor's reasonab!e Judgment, to account for any Increased wear and tear that the
Premises may suffer as a result thereof If a change In control of Lessee occurs durlna this Lease and following such
change the financial condltfon of Lessee Is, In Lessor's reasonab!e Judgment, stsnfflcantly reduced, Lessee shall deposit
such addltfonal monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commerdatly reasonable
level based on such chanse In flnandal condition. Lessor shall not be required to keep the Security Deposit separate
from Its general accounts. Within 90 days after the expiration or termination of this lease, Lessor shall return that
portion of the Security Deposit not used or appUed by Lessor. Lessor shall upon written request provide Lessee with an
accounting showing how that portion of.the Security Deposit that was not returned was appUed. No part of the Security
Deposit shall be considered to be held fn trust, to bear interest or to be prepayment for any mantes to be paid by Lessee
under this Lease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF THE LAST MONTH'S
RENT.
6, Use.
6.1 Use. Lessee shall use and occupy the Premlses only for the Asreed Use, or any other legal use which Is
reasonably comparable thereto, and for no other purpose. Lessee shall not use or permit the use of the Premises In a
manner that Is unlawful, creates damage, waste or anuisance, or that disturbs occupants of or causes damage to
neighboring premises or properties. Other than sulde, signal and seeing eye dogs, Lessee shall not keep or allow in the
Premises any pets, animals, birds, fish, or reptiles. Notwithstanding any other provisions in the Lease, in the event that
Lessor or Lessee receives any notice from any federal, state, county, city or other local or governmental or regulatmy
agency, body of authority("Authority") which directly or Indirectly asserts that the Lessee(s) or (Assignees) use of the
Premises is unlawful, and/or Lessor could be liable as a result of Lessee's use ofthe Premises, and Lessor determines, in
its sole discretion. that Lessor could have potential liability \\ith respect to the Lessee's use of the Premises, Including
\\ithout lfmltation by reason of an Authority (a) seeking forfeiture of the Premises, (b) threatening issuance of citations
and/or fines, (c) threatening the commencement of or commencing litigation, and/or(d) asserting matters which Lessor
deems appropriate upon delively ofwritten notice to Lessee. in 1vhlcb e\-cmt CO LesRe will perfonn all obligations under
the Lease accrue through the Tennination Date, and (iO Lessee wa11 upon such tenninatfon promptly rebnbwse Lessor for
all commissions, bnplO\-ements, and other costs incurred by Lessor with this Lease. Lessor shall not unreasonably
withhold or defay Its consent to any written request for a modification of the Agreed Use, so Ions as the same will not
Impair the structural lntesrfty of the Improvements on the Premises or the mechanlcal or electrlcal systems therein,
and/or Is not sfsnlffcantly more burdensome to the Premises. If lessor elects to withho!d consent, Lessor shaU within 7
days after such request stve written notfflcatfon of same, which notice shaD Include an explanation of Lessor's objections
to the change In the Agreed Use.
6.2 Harardous Substances.
(a) Reportable Uses Require Consent. The term "Hazardous Substance11 as used In this Lease shall mean any
product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or
In combination with other materials expected to be on the Pfemlses, Is either: (I) potentially Injurious to the publlc
health, safety or welfare, the envfronment or the Premises, 01) regulated or monitored by any governmental authority, or
OD) a basis for potential lfablllty of lessor to any governmental agency or third party under any applicable statute or
common faw theory. Hazardous Substances shall Include, but not be Hmlted to, hydrocarbons, petroleum, ga