THIS CONDOMINIUM SUBLEASE IS MADE THIS ______ day of ___________19____, by and between _____Cal Fed Enterprises, a California Corporation, ("Sublessor") ___________________________________________________________________("Sublessee") and Cal Fed Enterprises, a California Corporation, ("Grantor").
PARCEL NO. 1
Unit ____, in Building __________, on Lots A, B, C and Lot 1 of Tract No. 10658, as shown and described in the Condominium Plan ("Plan"), which Plan was recorded on August 22, 1980, in Book 13710, Pages 1189 et seq., of Official Records of Orange County, California.
PARCEL NO. 2
An undivided one one-hundred-twentieth (1/120) interest as a tenant in common in a subleasehold estate in and to all of the real property, including without limitation the Common Areas defined in the Declaration, on Lots A, B, C and Lot 1 of Tract No. 10658, as shown on a Map recorded on December 27, 1979, in Book 466, Pages 37 to 38, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder.
EXCEPTING THEREFROM, Units 1 through 20, inclusive, in Buildings I through VI, inclusive, on Lots A, B, C and Lot 1 of Tract No. 10658, as shown on the Plan.
EXCEPTING FURTHER THEREFROM, all improvements and appurtenances located or to be located on said Lots A, B, C and Lot 1 of Tract No. 10658.
RESERVING THEREFROM, FOR THE BENEFIT OF Grantor and Sublessor, and their respective successors in interest and others, easements for access, ingress, egress, encroachment, support, maintenance, drainage, use, enjoyment, repairs, and for other purposes, all as shown in the Plan, and as described in the Declaration of Covenants, Conditions and Restrictions and Reservations of Easements for Harbour Vista Condominiums ("Declaration"), which was recorded on August 22, 1980, as Instrument No. 28659, in Book 13713, Pages 1046 et seq., of Official Records of Orange County, California.
ALSO RESERVING THEREFROM, all minerals, oil, gas, petroleum, other hydrocarbon substances and all underground water in or under or which may be produced from said Lot which underlie a plane parallel to and 500 feet below the present surface of said Lot for the purpose of prospecting for, the exploration, development, production, extraction and taking of said minerals, oil, gas, petroleum, other hydrocarbon substances and water from said Lot by means of mines, wells, derricks or other equipment from surface locations on adjoining or neighboring land or lying outside of the above described Lot, it being understood that the owner of such minerals, oil, gas, petroleum, other hydrocarbon substances and water, as set forth above, shall have no right to enter upon the surface or any portion thereof above said plane parallel to and 500 feet below the present surface of the said Lot for any purpose whatsoever.
FURTHER RESERVING THEREFROM, for the benefit of certain Unit Owners of Condominiums in said Lots A, B, C and Lot 1 of Tract No. 10658, exclusive easements appurtenant to parcels No. 1 and No. 2 described above, for use and occupancy for patios and decks, in, to and over the areas defined as Restricted Common Areas in the Declaration, as described and assigned in the Plan.
PARCEL NO. 3
Nonexclusive easements for access, ingress, egress, use, enjoyment, drainage, encroachment, support, maintenance, repairs, and for other purposes, all as shown in the Plan, and as described in the Declaration.
PARCEL NO. 4
Exclusive easements appurtenant to Parcels No. 1 and No. 2 described above, for use and occupancy for patios and decks, in, to and over those portions of Lots A, B, C and Lot 1 of Tract No. 10658, defined as Restricted Common Areas in the Declaration, as described and assigned in the Plan.
RESERVING FROM PARCELS NO. 1 AND No. 2 ABOVE UNTO SUBLESSOR, its successors and easements, along with the right to grant and convey said easements, in, under, across and along the Subleased Property, or any part thereof, for the purposes of installation, repair, maintenance, reconstruction and operation of facilities for the transmission of gas, electricity, water, telephone, sewers, storm drains and other utility and public services, including all facilities Television System, to and within the Subleased Property; provided, however, that the exercise of such rights does not unreasonably interfere with Sublessee's reasonable use and enjoyment thereof.
AND RESERVING FROM PARCELS NO. 1 AND NO. 2. ABOVE UNTO SUBLESSOR, its successors and assigns, a license to enter upon the Subleased Property for the purpose of maintaining and inspecting the Subleased Property, in accordance with the terms of the Declaration.
Sublessee, by acceptance and recordation of this Sublease, expressly accepts, covenants and agrees to be bound by all of the provisions of, and specifically agrees to assume performance of, all requirements set forth in the Declaration, which provisions are acknowledged to be reasonable and which provisions are incorporated herein by this reference. The Subleased Property is intended for the uses described in the Declaration and restrictions on its use are set forth in the Declaration. The terms of this Sublease are subject to the provisions of the Master Lease and the Declaration and shall be construed in accordance with the definitions as set forth in the Master Lease and the Declaration. This Sublease is conditioned upon the performance of such provisions as are required to be performed by Sublessee under the Declaration.
Following execution of this Sublease and close of escrow, Grantor shall cause to be delivered to Sublessee, at Grantor's expense, a CLTA policy of title insurance, insuring title to the interest of Sublessee in the Subleased Property and the improvements granted herewith, subject only to the exceptions and reservations referred to in this Paragraph.
Sublessor hereby covenants with Sublessee that upon payment of the rent as set forth in this Sublease, and upon observance and performance of the covenants by Sublessee herein contained, Sublessee shall peaceably hold and enjoy the Subleased Property for the term of this Sublease without hindrance or interruption by Sublessor or any other person or persons lawfully claiming by, through, or under Sublessor, except as may be herein expressly provided.
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