HomeMy WebLinkAbout05972 - MOUSTAPHA EL-KHALIL LEASE OF CORK N BOTTLE 342 NPC � .• ❑CC # 2006-0854393
RECORDING R5QUESTED BY 11/17/2006 08i00R FocINC
Commonwealth land Title CO. page 1 of 4
WHEN RECORDED MAIL THIS DOCUMENT Recorded yn Offielal Records
AND TAX STATEMENTS TO; County of Riverside
Larry W_ Ward
Community Redevelopment Agency of ft sCSsor, County Clerk a Rccorder
the City of P.S.
Palm rings,tx Canyon Way I1IIIII IIIIIII IIII IIIII11111111111111111111111111111111
Palm Springs, CA 92262 ��
8 R U P 2 61Le 6A MISC LONG RFC COPY
APN: 513-081-017-(e
Escrow No: 02952395-804-RW N A L 465 426 cCR�NCVR SMP Ck6 UAR
Title No: 02952395-34
GRANT DEED
I
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX.IS*-fi4a W, CITY TAX t....-Q.OQ a
computed on full value of property conveyed, .-
City of Palm Springs,AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Esther Levy,a widow
hereby GRANT(S) to
Community Redevelopment Agency of the City of Palm springs, A public body, corporate and politic
the following described real property In the County of Riverside, State of California:
See Exhibit A attached hereto and Made a part hereof.
Commonly known as: 342 - 344 N. Palm Canyon Drive, Palm SpringS, CA 92262
Dated: Nei 7 2006
Esther Levy v
STATE OF CALIFORNIA
COUNTY OF_! 11 YV'D I n �J
On fy oVe-esn �ntr ( 2.(",{-J( p , before me, 1 0r"rn if 2 Cl _�7 a Notary Public,
personally appeared
personally known to me (or proved to me on the Uasis of satisfactory evldence) to be the person(s) whose name(s) is/are
subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
cdpadty(im), and that by his/her/their signatures) on the instrument the person(s), or t elf of which the
person(s) acted, executed the instrument. TAOTAMMY ZARETZ
if a WITNESS my hand and official seal. coR N
MOWtt} �GpLry,64 „
Signature � 5 Mr�Fltr aFs 3.i.NCf
FOR NOTARY SEAL OR STAMP
MAIL TAX STATEMENTS AS DIRECTED ABOVE
• 4
D�QPLM$,,
City of Palm Springs
V N
Office of the City Clerk
j?Q0&.Tal�yu��G(.:.nyon Way • Palm Springs,California 92262
<1FDB T&(760)i23-y7n4 • Fax (760)322-8332 * �U:� w.n.palm-sprinm5'mw�
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest In real property conveyed by.
GRANT DEED
dated: November 7, 2006,
from: ESTHER LEVY, a widow,
Grantor, to the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, Grantee, is hereby accepted by the Executive Director of said
Agency, on this loth day of November, 2006, pursuant to authority granted by said
Agency, by its Resolution No. 357 made an the 4th day of September, 1985, and the
Grantee consents to retardation thereof by the Executive Director, its duly authorized
officer.
Dated at Palm Springs, California, this 151h day of November, 2006.
MESTHOMPSON
Assistant Secretary
File: A0512c
Posc Office Box 2743 • Palm Springs, California 92263-2743
K Y
Exhibit A
All that certain real property situated in the County of Riverside, State of California, described as follows:
Parcel 1:
That portion of Block 24 of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, as per
Map recorded in Book 9, page 432 of Maps, San Diego County Records, described as follows!
Beginning at a point of the West line of said Block, 254.00 feet North OW 08'00" West on the North line of Lemon
street, 65.00 feet wide, now known as Amado Road, as shown on said Map;
Thence continuing North OW 08'00"West, 40.15 feet on said West line;
Thence North 89D 50'00" East, 52.16 feet, parallel with the North line of said Lemon street;
Thence South 00" 50'00"West 52.16 feet, parallel with said North line to the Point of Beginning;
Said land is included within the area of a Map filed in Book 10, Pages 95 of Record of Survey, in the Office of the
County Recorder of said Riverside County-
Parcel
A non-exclusive easement and right of way for ingress and egress, in, over and across the North 5.85 feet of the West
52.16 feet of that portion of Block 24 of Palm Springs, as per Map recorded in Book 9, page 432 of Maps, San piegv
County Records, described as follows:
Beginning at a point on the East line of Main Avenue, 80.00 feet wide, now known as Palm Canyon Drive, being the
West line of said Block, 254.00 feet North of the North line of Lemon Street, 66-00 feet wide;
Thence North 50-00 feet on the West line of said Block;
Thence East 145.20 feet parallel with the North line of said Lemon Street,-
Thence South 50.00 feet, parallel with said West line;
Thence West 145.20 feet, parallel with said North line, to the Point of Beginning-
CERTIFICATION
[Under the provisiom of Government Code 27361.7 f cerLify under the penalty of perjury
dwt the following is o (uc cupy of illegible wording found in the aLlached documenL-
(Paint ur(4)e the 1ggg uunftr(4) uud wording below)'
�C,e �n� «•� 0V, hc-V\a\�-tl
Date:
5ignaturc;
oct000f 18, 2004 Page 1 of '
Coaarmerciai Lease Agreement
3`i-iIS LEASE (thus -Lcaaase") dated this 18th day of October 2004
BE'V 1'VFEN- .._)
Address_ 78931 i,dgebrook Lane Palm Desert, Ca 92211
Phone: 760 880 5389 lax: 760 323 8311
(the "i.undlord")
OF THL FlftS"1' PART
- AND -
Moustapha El-Khalil
Address: 30558 .Ave Maravilla, Cathedral City, Ca 92234
(the "Tenant")
OF THE SECOND PART
IN CONSIDERATION OF the Landlord leasing certain premises to the "Tenant, the tenant leasing
those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the
receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Lease agree
as lollows
Leased Premises
1. The Landlord agrees to rent to the tenant the store municipally described as 342 N. Palm
Canyon Dr, Palm Springs, CA 92262, (The Premises) comprises a Leasable Area oi' 2,000/
plus the existing address 344 N. Palm Canyon Dr, Palm Snrinsrs, CA 92262. The tenants can
use the property with any use allowed by the city of Palm Springs or sub Letrsc it to others.
"There is late lees 5%after 10 days of the due date_
'Perm
2. The term of the Lease is for 5 years, plus an additional 3 five years options to commence at
12:00 noon on Dec.1, 2004 or sooner.
3. Upon 30 days notice, the Landlord may terminate the tenancy under this Lease if the Tenant
has defaulted in the payment of any portion of the rent when due.
4_ Upon 30 days notice, the landlord may terminate the tenancy under this Lease il'the Tenant
fails to observe, perform and keep each and every of the covenants, agreement, stipulations,
obligations, conditions and other provisions of this lease to be observed, performed and kept by
the Tenant and the tenant persists in such default beyond the said 30 days notice.
Rent
5. Subject to the provisions of this Lease, the Tenant willpy a rent of$2,500.00 per month for
the i" Year, $2,750.00 per month for the 2nd, P , 4 and the 5"' Year, 'There will be 3"/"
increase in the monthly rent every 2 years starting on the sixth year. The rent covers the 2 units,
342 and 344 N. Palm Canyon Dr, Palm Springs, CA 92262.There is no additional rent or any
other charges added to the base rent. The Landlord responsible for the property tax, building
insurance and all cost related to the external structure of the building.
6. The tenant will pay the rent on or befibre the first of each and every month of the term of this
Lease to the Landlord.
2004 Page 2Of
➢ns_ �gst ns
7. At all reasonable time~ daring,the i.errn of this i.case and any renewal of tills Icase, the
Landlord and it's agents may enter the premises to make inspection or repair's or to sl nw the
Premises to prospective tenants or purchasers.
8. For so long as the tenant, or an assignee or subtenant approved by rite. l.andlnrd, is using loci
occupying the premises for the Permitted use and is not in default under i.he lease space in the
building to ally tenant who will be conducting in. Such premises as it's principal bl.lsiness., the,
service of Liquor Store.
9, I,pon giving written notice no later than 30 days before the expiration o!'the. term of the lease, the
Tenant may renew this Lease for an additional term. All terms ol' the renewed lease will be the
Sallie.
Tenant Im rovcments
10. The Tenant will obtain written pennission from the Landlord before doing any of the hollowing:
a. applying adhesive materials, or inserting nails or hooks in the walls of ceilings other than two
small picture hooks per wall;
b. painting, wallpapering, redecorating or in any way significantly altering the appearance of the
premises;
c, removing or adding walls or performing any structural alterations;
d, installing a waterbed(s);
e. changing the amount of heat or power normally used on the premises as well as installing
additional electrical wiring or heating units;
placing or exposing or allowing to be placed or exposed anywhere inside or outside the
Premises any placard, notice or sign for advertising or any other purpose; or
g. affixinf to or erecting upon or near the premises any radio or TV antenna or lower.
insurance
11, The tenant is hereby advised and understands that the personal property 'fax is not insured by the
landlord for either damage or loss, and the Landlord assumes no liability for any such loss_
'file tenant is advised that, if insurance coverage is desired by the Tenant, lhe 'fenant should 'inquire
of insurance agent regarding a Tenant's Policy Insurance.
12. The tenant is not responsible for insuring the Premises for either damage and loss to the structure,
mechanical or improvements to the building on the Premises, and he Tenants assumes no liability
for any such loss.
13. The Tenant is responsible ('or insuring the Premises liability insurance for the benefit of the "tenant
and the Landlord.
(�overnine Law
1 d. It is the intention of the parties to this Lease that the tenancy created by this Lease and the
Performance under this Lease, and all suits and special proceedings under this Lease, be construed
in accordance with and governed to the exclusion of fhc law of any other forum, by the laws of the
State of California, without regard to the jurisdiction in which any action or special proceeding
May be instituted.
Severabili
1.5. If there is a conflict between any provision of this Lease and the applicable legislation of the State
of California(the"act") , the Act will prevail and such provisions of the Lease will be amended or
deleted as necessary in order to comply with the Act. Further, any provisions that are required by
the act are incorporated into this Lease.
i'a
Page 3 Of q
;cia ei 16, 2004
Assignrrnant and Sabiettin
16, Thc 'fenant has the right and the soic disc=cuon., to sublease the premises ot7 344 i'4 rth Palm
Canyon ()rive:, if he chooses to do so, llowever, the Tenant will Require the l-andlsard approval.
if the 'fenant chooses to sublease Lite. main Liquor Store, or in the e,'cnt of selling, the business.
The, 1,urldlorcl will not tuireasonubly withhold his approval- Withoat a Valid justification attd
compelling reasons to do so.
Additional Provisions
17. Temant has 3 live years options where the rcm. increase 3% every 2 years.
186 If the 'fenant vacates the building for any reason the seller has first right of refusal on the Liquor
to be offered at current market value at the time of the offer.
Maintenance
t 9. The Tcnant will, at its sole expense, keep and maintain the Premises and appurtenances in good
and sanitary condition and repair during the term of this Lease and any renewal of this Lease.
20. In particular, the Tenant will keep the fixtures in the Premises in good order and repair. The Tenant.
will., at Tenant's sole expense, retake all required repairs to inside plumbing, heating and electric
whenever damage to such items will have resulted from the Tenants misuse, waste or neglect or
that of the Tcnant's employee, farnily, agent or visitor.
21. The Tenant will be responsible at its own expense to replace all electric light bulbs, tubes,ballasts
or lixtures serving the Premises.
22. The Tenant will also perfbm-t the following maintenance in respect to the Premises: Air
Conditioner, all building repairs, roof, or any other repairs that may be needed for the operation of
The business-
Ca and Use of the Premises
23. The Tenant will promptly notify the landlord of any damage, or of any situation that may
significantly interfere with the normal use of the Premises or to any furnishing supplied by the
Landlord.
24. The Tenant will not make (or allow to be made) any voice or nuisance which, in the reasonable
opinion of the landlord, disturbs the comfort or convenience of other tenants.
25. The 'l enant will not engage in any illegal trade or activity on or about the Premises.
26. The Landlord and"fcnant will comply with standards of health, sanitation, fire, housing and salety
required by law.
27. At the expiration of the lease term,the Tenant will quit and surrender the Premises in as good a
state and condition as they were at the commencement of this lease, reasonable use and wear and
damages by the elements excepted.
Hazardous Materials
28. The Tenant will not keep or have on the Premises any article or thing or a dangerous, flammable or
explosive character that might unreasonably increase the danger of fire on the Premises or that
might be considered hazardous by any responsible insurance company
PCige 4 Of n
Jciaber 10, 2004
Rules am lie�ulatiuns
2r). "1'he "1'cnanf will obey all rules and regulations posted.by the Landlord regarding the use and care of
the building, parking lot, laundry room and other common facilities chat arc provided for the u;c o •
Tenant in and around the Building on the C'runtises.
General provisluns
30. Any waiver by the Landlord of any ftriitare by the Tenant to perfbnn or observe The provisions of
this lease will not operate as a waiver of the Landlord's rig*its under this Lease in respect 01'any
subsequent defitults, breaches 01-rtonperforrnance and will not defeat or affect in any way the Land
lord's rights in respect of any subsequent default or breach.
31.This Lease will extend to and he binding; upon and inure to the benefit 0 the respective heirs,
executor, administrators. successors.and assigns, as the case may be, of each party to this lease.
32. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be
deemed to be Additional Merit and will be recovered by the Landlord as a rental arrears.
33. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally
liable for each others acts, omissions and liabilities pursuant to this Lease.
IN WITNESS WHEREOF Ester 14. Levy and Moustapha El-Khalil have duly affixed their signatures
undeX hand an�cal on t s 18t f October 2004.
Witness - Ester II, Levy Da c
Witness Date
M stapha El-Khalil
CAL IFORN to
ASSOCIATION ADDENDUM
OI' 1LF.ALTOASa'
(C.A.R. Form ADM, Revised 10101) 1
No.
The following terms and conditions are hereby Incorporated In and made a part of the: 0 Residential Purchase Agreement,
❑ Manufactured Home Purchase Agreement, [M Business Purchase Agreement, ❑ Residential Lease or Month-to-Month Rental
Agreement, ❑ Vacant Land Purchase Agreement, ❑ Residential Income Property Purchase Agreement, ❑ Commercial Property
Purchase Agreement, E7 other
dated_ Sentem, r 13. 2,Q,Q,$_ on property known as
-
in which Mau tenba RS-xlrail. _ _ is referred to as("Buyer/Tenant")
and— ,. s tex Rob Is referred to as ("Seller/Landlord").
S. Reui<. far ve r I to be 2.500-00 vet
2. ant for vear 2 3 will be $2 Z5Q 00 y®r month -
1escyow S
becauriy-z art of rk
Cit f PaSm
4. gball r r
0 o i rs v
o he offor,
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Date Date
Buyer/Tenant Mous Seller/Landlord
tapha aS-Aha SB
BuyerlTenant Seller/Landlord
obert ravy
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Including facsimile or computerized formals.Copyri9ht®199&2001.CALIFORNIA ASSOCIATION OF REALTORSib,INC.ALL RIGHTS RESERVED,
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER Is THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE,
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This farm is available for use by the entire real estate Industry. It is not intended 10 Identify the user as a REALTOR0.REALTORH Is a regletered collective membefahip mark
which rnay be uaad only by members of the NATIONAL ASSOCIATION OF REALTORSO who subeaibe to its Code of Ethics,
Iff-ij Published and Distributed by:
Ue
REAL ESTATE BUSINESS SERVICES,INC.
s osabstolmyofthe CALIFORNIA ASSOCIATION OF r+EAlTORS® Reviewedby
525 South Virgil Avenue,Los Angeles,Califofnla 90040 Broker or Designee Date 1.MWt rc
ADM-11 REVISED 10/01 (PAGE 1 OF 1) oP>eeruwrr
ADDENDUM (ADM-11 PAGE 1 OF 1)
Hughca Properties Inc 30 1a Plem Palm Springs CA 92262
Phonet(760)3239311 Fax: (760)3231946 Robert Hughes T6896034.ZFX