Last Update 21 October 2017
TABLE OF CONTENTS
SUBLEASE OF CONDOMINIUM
AND
GRANT DEED OF IMPROVEMENTS
- GRANT OF IMPROVEMENTS.
In consideration of the covenants, agreements and representations of Sublessee contained in this instrument, Grantor does hereby Grant to Sublessee an undivided one one-hundred-twentieth (120) fee simple interest in the improvements and appurtenances on Lots A, B, and C and Lot 1 of Tract No. 10658 ("Improvements"), of which the Subleased Property is a part, together with those easements described as Parcels No. 3 and No. 4 in Paragraph 1 above to the extent that such easements are located, in whole or in part, on the improvements, subject to the reservations therein; such interests shall be held by Sublessee as a tenant in common with all other Sublessees of Condominiums in the Project, as such term is defined in the Declaration. The Subleased Property and that portion of the improvements conveyed herewith may sometimes hereinafter be collectively referred to as the "Condominium." The foregoing Grant is hereby expressly conditioned upon and made subject to the Master Lease and to all reservations, exceptions and other matters set forth in Paragraph 1 of this instrument, Sublessee, by acceptance and recordation of this instrument, expressly covenants, accepts and agrees to be bound by, and to assume performance of, all of the provisions and requirements set forth in this instrument and in the Declaration, which provisions and requirements are acknowledged to be reasonable, and which provisions are incorporated herein by this reference.
This Grant of Improvements is being made as an incident to and an appurtenant part of the within Sublease to Sublessee of the Condominium arising under this instrument, with the intent and to the effect that the interest in the improvements hereby granted and transferred and the interest in the Subleased Property shall continue to be and remain one interest in the Condominium, consisting of a Unit and an interest in the Common Areas, as such terms are defined in the Declaration.
- TERM OF LEASE.
The Condominium created by this Sublease is leased for a term of approximately sixty-one (61) years, commencing the date first written above ("Commencement Date"), and ending on August 31, 2041.
- RENTAL. (This section was delete by an Amendment. See Admendment to Sublease)
Sublessee agrees to pay to Sublessor, without any deduction and without notice or demand, as basic rental, net over and above all taxes, assessments and other charges hereunder payable by Sublessee, for the use and occupancy of the Subleased Property during the term of this Sublease, from the effective date of this instrument, the sum of Six Hundred Dollars ($600) per year ("Basic Rental"), in advance, payable in equal monthly installments of Fifty Dollars ($50), prorated for any portion of a month during the term of this Sublease, provided that the first payment thereof shall be paid upon the execution hereof and prorated to the next rental due date, subject, however, to adjustment at the time and in the manner provided in Paragraph 22 of this Sublease. Any installment of rent accruing under the provisions of this Sublease which shall not be paid when due shall be subject to a late charge of Twenty-five dollars ($25.00), plus one percent (1%) per month from the date when due and payable by the terms of this Sublease until the same shall be paid. All rentals hereunder and charges with respect thereto shall be paid in lawful money of the United States.
- TAXES AND ASSESSMENTS
In addition to the rents provided above, Sublessee shall pay or cause to be paid, no later than fifteen (15) days prior to the delinquency date thereof, all taxes and general and special assessments of every description which during the term of this Sublease may be levied upon or assessed against all or any portion of the Condominium of Sublessee, and any interest therein, and other personal or real property in the Subleased Property, whether belonging to Sublessor or Sublessee, and Sublessee's portion of such taxes and assessments which are assessed or levied against all or any portion of the Common Areas as defined in the Declaration; and Sublessee agrees to protect and hold harmless Sublessor and the Condominium of Sublessee, and all interests therein, from any and all such taxes and assessments, including any interest, penalties, costs of tax lien service and other expenses which may be thereby imposed, and from any lien therefor or sale or other proceedings to enforce payment thereof. Notwithstanding the foregoing, with respect to any assessment made under any betterment or improvement law which may be payable in installments, Sublessee shall be required to pay only such installments together with interest as shall become due and payable during the term of this Sublease. The fact that all or any portion of Sublessee's interest in his Condominium and the Common Areas may not be separately assessed, but combined with the interest therein of other Unit Owners in the Project, as such terms are defined in the Declaration, and that the Unit Owners or board of directors of Harbour Vista Homeowners' Association, Incorporated ("Association") pursuant to the Declaration may elect to assess each Unit Owner for his proportionate share of such taxes or assessments, for and on behalf of Sublessee hereunder, shall not relieve or discharge Sublessee from its duty and obligation to pay such taxes and assessments as herein provided, in the event the board of directors refuses or otherwise fails to make timely payment thereof.
- USE OF CONDOMINIUM.
Sublessee shall use his Condominium solely for private single-family residential purposes, and Sublessee shall not use or permit any person to use his Condominium, or any portion thereof, in such manner as to disturb other Unit Owners or occupants of adjoining property, or to constitute a nuisance, offensive use of his Condominium, waste, or a violation of any applicable public law, ordinance or regulation.
- MAINTENANCE OF CONDOMINIUM.
Except as otherwise herein provided, Sublessor shall not be personally obligated to make any repairs, alterations, additions or improvements in, to, upon, or adjoining the Condominium of Sublessee or any other structure or other improvements that may be constructed or installed on the Project. Sublessee shall, at all times during the full term of this Sublease and at its sole cost and expense, keep, repair and maintain, in clean and sanitary condition and in good order and repair, his Unit and those other portions of the Common Areas the maintenance and repair of which are the responsibility of Sublessee under the provisions of the Declaration. Sublessee shall pay, or cause to be paid, all expenses for water, gas, heat, light, power, telephone and all other utilities and services furnished the Condominium of Sublessee, together with any taxes thereon. Sublessee shall make payment directly to the utility involved for all separately metered services and shall pay to the board of directors of the Association Sublessee's proportionate share of all centrally metered utilities, such proportion to be determined by said board of directors.
Sublessee shall at all times full comply with and abide by the terms, covenants, restrictions, provisions and conditions of the declaration and any amendments thereof, and any By-laws, rules, regulations, agreements, decisions and determinations duly made by the board of directors of the Association established pursuant to the Declaration, respecting the maintenance, use and occupation of the Project and Condominium and the payment of all assessments and charges of every type levied by the board of directors in connection therewith. In addition to the foregoing, Sublessee hereby covenants and agrees to promptly pay to the board of directors at all times during the term hereof, before the same shall become delinquent, Sublessee's share of the Common Expenses of the Association and any and all assessments, charges, duties and other outgoings of every description, levies under the provisions of the Declaration, without cost, expenses or liability to Sublessor. Sublessee shall further, during the whole term of this Sublease, by paying his proportionate share of the Common Expenses of the Association, make, build, maintain and repair all fences, sewers, drains, curbs, roads, sidewalks and parking areas which may be required by law to be made, built, maintained and repaired upon or adjoining or in connection with or for the use of the Project. Should the board of directors of the Association at any time during the term of this Sublease fail to fully perform all of its obligations under the Declaration, Sublessor may perform such obligations pursuant to Paragraph 23 of this Sublease, and Sublessee shall pay to Sublessor an amount equal to Sublessee's share of the aggregate cost of performing the same, as determined under the Declaration, within thirty (30) days after receipt of notice from Sublessor demanding the payment of said amount. Sublessee shall permit Sublessor, its agents and employees, at all reasonable times during the term of this Sublease to enter the Subleased Property and examine the state of repair and condition thereof, and Sublessee shall at his own expense repair and make good all defects in the Unit within thirty (30) days after receipt of notice of such defects from Sublessor, to the extent that such repair is the responsibility of Sublessee under the Declaration. Sublessee further agrees to otherwise observe and comply with any and all laws, ordinances, rules and regulations now or hereafter made by any governmental authority applicable to the Project, the Subleased Property, that portion of the Improvements granted to Sublessee herewith, or to the use thereof. Sublessee agrees to indemnify and save harmless Sublessor against all actions, suits, claims, loss, liability, cost and damage by reason of the nonobservance or nonperformance by Sublessee or any person under him of the provisions and requirements of this Paragraph, whether or not such claims or actions and the like are meritorious. Sublessee hereby waives any and all rights to make repairs at the expense of Sublessor as provided in Section 1942 of the Civil Code of the State of California and any and all rights provided by section 1941 of said Civil Code, to the extent such rights may be legally waived.
SUBLEASE OF CONDOMIUM |
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