RESIDENTIAL LEASE-RENTAL AGREEMENT AND DEPOSIT RECEIPT
RECEIVED FROM COLOR SPOT NURSERIES, INC. (hereinafter referred to as
Tenant), the sum of One Thousand Two Hundred and no/100 Dollars ($1,200.00),
evidenced by a check, as a deposit which, upon acceptance of this rental
agreement, the Owner of the premises, hereinafter referred to as Owner, shall
apply said deposit as follows:
BALANCE DUE
TOTAL RECEIVED PRIOR TO
OCCUPANCY
Rent for the period from 12/1/95 to 8/31/96 $1,200.00 $1,200.00 $ - 0 -
Security deposit (not applicable toward
last month's rent) $ - 0 -
Other $ - 0 -
TOTAL $1,200.00 $1,200.00 $ - 0 -
In the event that this agreement is not accepted by the Owner or his
authorized agent within five (5) days, the total deposit received shall be
refunded. Tenant hereby offers to rent from the Owner the premises situated in
the City of Lodi, County of San Joaquin, State of California, described as 5298
Harney Lane and consisting of a home, upon the following TERMS and CONDITIONS:
1. TERM: The term hereof shall commence on 12/1/95 and continue (check one of
the two following alternatives):
until 8/31/96 for a total rent of Forty Three Thousand Two Hundred and
no/100 Dollars ($43,200.00)
on a month-to-month basis thereafter, until either party shall terminate
the same by giving the other party ____ days written notice delivered by
certified mail.
2. RENT: Rent shall be $1,200.00 per month, payable in advance, upon the 1st
day of each calendar month to Owner or his authorized agent, at the following
address: M Vukelich, P. O. Box 5081, Richmond, CA 94806, or at such other places
as may be designated by Owner from time to time. In the event rent is not paid
within five (5) days after due date, Tenant agrees to pay a late charge of
$25.00 plus interest at 10% per month on the delinquent amount. Tenant further
agrees to pay $25.00 for each dishonored bank check. The late charge period is
not a grace period, and Owner is entitled to make written demand for any rent
unpaid on the second day of the rental period. Any unpaid balances remaining
after termination of occupancy are subject to 1-1/2% interest per month or the
maximum rate allowed by law.
3. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is
between the Owner and each signatory
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jointly and severally. In the event of default by any one signatory each and
every remaining signatory shall be responsible for timely payment of rent and
all other provisions of this agreement.
4. UTILITIES: Tenant shall be responsible for the payment of all utilities and
services, except: N/A which shall be paid by Owner.
5. USE: The premises shall be used exclusively as a residence for no more than
2 persons. Guests staying more than a total of 3 days in a calendar year
without written consent of Owner shall constitute a violation of this agreement.
6. ANIMALS: No animals shall be brought on the premises without the prior
consent of the Owner.
7. HOUSE RULES: In the event that the premises are a portion of a building
containing more than one unit, Tenant agrees to abide by any and all house
rules, whether promulgated before or after the execution hereof, including, but
not limited to, rules with respect to noise, odors, disposal of refuse, animals,
parking, and use of common areas. Tenant shall not have a waterbed on the
premises without prior written consent of the Owner.
8. ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances
and requirements of all municipal, state and federal authorities now in force,
or which may hereafter be in force, pertaining to the use of the premises. If
you are located in a rent control area, contact Rent and Arbitration Board for
your legal rights.
9. ASSIGNMENT AND SUBLETTING: Tenant shall not assign this agreement or sublet
any portion of the premises without prior written consent of the Owner.
10. MAINTENANCE, REPAIRS, OR ALTERATIONS: Tenant acknowledges that the premises
are in good order and repair, unless otherwise indicated herein. Owner may at
any time give tenant a written inventory of furniture and furnishings on the
premises and Tenant shall be deemed to have possession of all said furniture and
furnishings in good condition and repair, unless he objects thereto in writing
within five (5) days after receipt of such inventory. Tenant shall, at his own
expense, and at all times, maintain the premises in a clean and sanitary manner
including all equipment, appliances, furniture and furnishings therein and shall
surrender the same, at termination hereof, in as good condition as received,
normal wear and tear excepted. Tenant shall be responsible for damages caused
by his negligence and that of his family or invitees and guests. Tenant shall
not paint, paper or otherwise redecorate or make alterations to the premises
without the prior written consent of the Owner. Tenant shall irrigate and
maintain any surrounding grounds, including lawns and shrubbery, and keep the
same clear of rubbish or weeds. If such grounds are a part of the premises and
are exclusively for the use of the Tenant, Tenant shall not commit any waste
upon said premises, or any nuisance or act which may disturb the quiet enjoyment
of any tenant in the building.
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11. INVENTORY: Any furnishings and equipment to be furnished by Owner shall be
set out in a special inventory. The inventory shall be signed by both Tenant
and Owner concurrently with this Lease and shall be a part of this Lease.
12. DAMAGES TO PREMISES: If the premises are so damaged by fire or from any
other cause as to render them untenantable, then either party shall have the
right to terminate this Lease as of the date on which such damage occurs,
through written notice to the other party, to be given within fifteen (15) days
after occurrence of such damage; except that should such damage or destruction
occur as the result of the abuse or negligence of Tenant, or its invitees, then
Owner only shall have the right to termination. Should this right be exercised
by either Owner or Tenant, then rent for the current month shall be prorated
between the parties as of the date the damage occurred and any prepaid rent and
unused security deposit shall be refunded to Tenant. If this Lease is not
terminated, then Owner shall promptly repair the premises and there shall be a
proportionate deduction of rent until the premises are repaired and ready for
Tenant's occupancy. The proportionate reduction shall be based on the extent to
which the making of repairs interferes with Tenant's reasonable use of the
premises.
13. ENTRY AND INSPECTION: Owner shall have the right to enter the premises: (a)
in case of emergency; (b) to make necessary or agreed repairs, decorations,
alterations, improvements, supply necessary or agreed services, exhibit the
premises to prospective or actual purchasers, mortgagees, tenants, workmen, or
contractors; (c) when Tenant has abandoned or surrendered the premises. Except
under (a) and (c), entry may not be made other than during normal business
hours, and without not less than 24 hours prior notice to Tenant.
14. INDEMNIFICATION: Owner shall not be liable for any damage or injury to
Tenant, or any other person, or to any property, occurring on the premises or
any part thereof, or in common areas thereof, unless such damage is the
proximate result of the negligence or unlawful act of Owner, his agents, or his
employees. Tenant agrees to hold Owner harmless from any claims for damages, no
matter how caused, except for injury or damages for which Owner is legally
responsible.
15. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the
premises at the commencement hereof, Owner shall not be liable for any damage
caused thereby, nor shall this agreement be void or voidable, but Tenant shall
not be liable for any rent until possession is delivered. Tenant may terminate
this agreement if possession is not delivered within five (5) days of the
commencement of the term hereof.
16. DEFAULT: If Tenant shall fail to pay rent when due, or perform any term
hereof, after not less than three (3) days written notice of such default given
in the manner required by law, the Owner, at his option, may terminate all
rights of Tenant hereunder, unless Tenant, within said time, shall cure such
default. If Tenant abandons or vacates the property, while in default of the
payment of rent, Owner may consider any property left on the premises to be
abandoned and may dispose of the same in any manner allowed by law. In the
event the Owner reasonably believes
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that such abandoned property has no value, it may be discarded. All property on
the premises is hereby subject to a lien in favor of Owner for the payment of
all sums due hereunder, to the maximum extent allowed by law.
In the event of a default by Tenant, Owner may elect to (a) continue the
lease in effect and enforce all his rights and remedies hereunder, including the
right to recover the rent as it becomes due, or (b) at any time, terminate all
of Tenant's rights hereunder and recover from Tenant all damages he may incur by
reason of the breach of the lease, including the cost of recovering the
premises, and including the worth at the time of such termination, or at the
time of an award if such be instituted to enforce this provision, of the amount
by which the unpaid rent for the balance of the term exceeds the amount of such
rental loss which the Tenant proves could be reasonably avoided.
17. SECURITY: The security deposit set forth, if any, shall secure the
performance of Tenant's obligations hereunder Owner may, but shall not be
obligated to, apply all portions of said deposit on account of Tenant's
obligations hereunder. Any balance remaining upon termination shall be returned
to Tenant. Tenant shall not have the right to apply the security deposit in
payment of the last month's rent. Funds held at N/A.
18. DEPOSIT REFUNDS: The balance of all deposits shall be refunded within two
weeks from date possession is delivered to Owner or his Authorized Agent,
together with a statement showing any charges made against such deposits by
Owner.
19. ATTORNEYS' FEES: In any legal action brought to either party to enforce the
terms hereof or relating to the demised premises, the prevailing party shall be
entitled to all costs incurred in connection with such action, including a
reasonable attorney's fees.
20. WAIVER: No failure of Owner to enforce any term hereof shall be deemed a
waiver. The acceptance of rent by Owner shall not waive his right to enforce any
term hereof.
21. NOTICES: Any notice which either party may give or is required to give, may
be given by mailing the same, certified mail, to Tenant at the premises or to
Owner at the address shown herein or at such other places as may be designated
by the parties from time to time.
22. HOLDING OVER: Any holding over after expiration hereof, with the consent of
Owner, shall be construed as a month-to-month tenancy in accordance with the
terms hereof, as applicable, until either party shall terminate the same by
giving the other party thirty (30) days written notice delivered by certified
mail.
23. TIME: Time is of the essence of this agreement.
ADDITIONAL TERMS AND CONDITIONS are set forth on the following pages.
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ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The
following __________, if any, have been made a part of this agreement before the
parties' execution hereof:
Dated: 12/13/95
- - - ----------------------------------- ---------------------
The undersigned Tenant hereby acknowledges ______________________ Tenant
receipt of a copy hereof: _____________________________
_________________________ Real Estate Company _______________________ Owner
_____________________________________________ Dated: ______________________
ACCEPTANCE: ________________________ Owner
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ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE ("Addendum") is made and entered into this 13th day
of December, 1995 by and between Michael F. Vukelich, Guardian of Trisha
Vukelich ("Lessor") and Color Spot Nurseries, Inc., a Delaware corporation
("Lessee") and modifies that certain Residential Lease - Rental Agreement of
even date herewith ("Lease").
NOW, THEREFORE, in consideration of the above recitations, which are hereby
acknowledged to be true and correct, and of the Premises and mutual covenants
and agreements herein contained, the parties hereby agree as follows:
1. MODIFICATIONS TO LEASE.
a. Paragraph 1 of the Lease shall be deleted and replaced in its
entirety with the following:
"TERM". The Lease term shall be extended from the date hereof through
August 31, 1996. Lessee shall have the option to renew the Lease for
an additional nine (9) consecutive one (1) year periods beginning
September 1, 1996 by giving Lessor notice of the exercise of such
option before July 1 of the year in which such option is to be
exercised. If said notification of the exercise of the options are
not so given and received, the options shall automatically expire; the
options may only be exercised consecutively. If, as of Lessor's
receipt of an option notice, Lessee is in default under the Lease, the
option notice shall be ineffective. Except as otherwise provided, the
terms and conditions of the Lease will remain the same during any
renewal term."
b. Delete Paragraph 2 of the Lease and replace with the following:
"Lessee will pay to Lessor annual rent of $14,400.00, payable in
advance in equal monthly installments of $1,200.00 on or before the
first day of each month. If Lessee exercises any option to extend the
Lease as provided in this Paragraph 2, the monthly rent payable during
such one-year renewal term shall be an amount equal to $1200.00
multiplied by that fraction, the numerator of which is the Consumer
Price Index for all Urban Consumers, U.S. City Average, all items,
published by the U.S. Bureau of Labor Statistics ("Consumer Price
Index") for September 1 of the year in which the option is to be
exercised and the denominator of which is the Consumer Price Index for
September 1, 1995. Said rent shall be temporarily computed on
September I of the year in which the option is exercised based on the
latest available Consumer Price Index and shall be finally computed
retroactive to September 1 of such year when the Consumer Price Index
from September 1 of that year is available. Any adjustment in rent
due to a difference between the rent as temporarily and as finally
computed
shall be added to or subtracted from the first monthly installment of
rent which becomes payable after the final computation is made. If
the U.S. Bureau of Labor Statistics discontinues publishing the
Consumer Price Index, then "Consumer Price Index" as used herein shall
mean any comparable index published by the U.S. Bureau of Labor
Statistics, or if none, any comparable index published by an agency of
the United States Government."
2. OPTION TO PURCHASE.
a. Lessor hereby grants to Lessee the exclusive right and option to
purchase the premises which are the subject of Lease ("Lease Premises") . The
option may be exercised by Lessee giving Lessor notice of Lessee's election to
purchase the Leased Premises at any time prior to July 1, 2005; provided, that,
Lessee's option to purchase the Leased Premises shall expire at such time as the
Lease terminates, whether by breach of Lessee or by Lessee failing to exercise
any of the extension options referenced in Paragraph 2 hereof. If Lessee
exercises the option, the closing of the Leased Premises will be held within 30
days after said notice is delivered to Lessor.
b. The purchase price for the Leased Premises shall be $135,000.
Lessor shall convey the Leased Premises to Lessee by transferrable, California
Grant Deed, and title shall be in fee simple, marketable, free, clear and
unencumbered except for real estate taxes and assessments not yet due and
payable which shall be prorated as of the closing date, easements and
restrictions of record as of the date hereof and such other easements and
restrictions of record which do not materially interfere with the use and
enjoyment of the Lease Premises as used by Lessee.
3. NOTICE. Any notice or notification to any party required, permitted
or contemplated hereunder will be in writing, will be addressed to the party to
be notified at the address set forth below, or at such other address as each
party address set forth below, or at such other address as each party may
designate f or itself from time to time by notice hereunder, and will be deemed
to have been validly served, given or delivered (i) five days following deposit
in the United States mails, by certified mail, with proper postage prepaid, (ii)
the next business day after such notice was delivered to regularly scheduled
overnight delivery carrier with delivery fees either prepaid or an arrangement,
satisfactory to such carrier, made for the payment of such fees, or (iii) upon
receipt (provided that any notice received during nonbusiness hours will be
deemed received at the beginning of the next business hour) of notice given by
telecopy, mailgram, telegram, telex, or personal delivery:
To Lessor: Michael F. Vukelich
1859 Danielle Court
Walnut Creek, CA 94598
Telecopy No. (510) 934-7178
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To Lessor: Color Spot Nurseries, Inc.
13880 San Pablo Blvd.
2nd Floor
San Pablo, CA 94806
Telecopy No. (510) 237-8066
4. WHOLE AGREEMENT. This Addendum sets f orth the entire agreement
between the parties with respect to the matters set f orth herein. There have
been no additional oral or written representations or agreements.
5. RATIFICATION. Except as specifically modified hereby, the Lease shall
remain in full force and effect and unmodified. The provisions set forth in
this Addendum shall be deemed part of the Lease and shall supersede, to the
extent appropriate, any contrary provisions of the Lease. In case of any
inconsistency between the provisions of the Lease and this Addendum, the
provisions of the latter shall govern and control.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date
first above written.
LESSOR:
MICHAEL F. VUKELICH
GUARDIAN FOR TRISHA VUKELICH
By:
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Michael F. Vukelich
LESSEE:
COLOR SPOT NURSERIES, INC.,
A DELAWARE CORPORATION
By:
------------------------------
Its:
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