Amendment No. 3
This is an Amendment to the Lease Agreement dated January 4, 2016 as amended ("Lease") between the City of Gonzales, a municipal corporation of the State of California ("Landlord") and Laboratory Corporation of America ("Tenant") regarding the space containing 600 square feet at 133 Fourth Street, Gonzales, CA 95926.
Landlord and Tenant agree to the following changes to the Lease:
Section 2 - Term
The Lease is hereby extended through March 31, 2023.
Section 4 - Lease Payments
Rent for the period of April 1, 2021 through March 31, 2022 shall be Seven Hundred dollars ($700) per month.
Rent for the period of April 1, 2022 through March 31, 2023 shall be Seven Hundred Thirty dollars ($730) per month.
Section 17 - Termination
This Lease may be terminated by either party by providing 90-day written notice to the other party.
In all other respects, the terms of the Lease shall remain in effect.
LANDLORD TENANT
City of Gonzales, a municipal corporation Laboratory Corporation of America This i Cod
2 Rene L. Mendez, City Manager Chas Cook, Vice President Dato Signed: 2/15/21 Date Signed: 03/24/21
Amendment No. 2
Description: This Is Amendment No. 2 to the Lease with respect to the Premises located at 133 Fourth Street, Gonzales, California, between the City of Gonzales, a municipal corporation of the State of California, hereinafter called "Landlord," and Laboratory Corporation of America, a Delaware Corporation (the "Lease").Purpose: The purpose of this Amendment is to extend the lease term and set the rental cost for such extended term.
Section 2. Term
This Lease is hereby extended through December 31, 2019 (the "Extended Term"), unless further extended by mutual agreement at least three months prior to expiration.
Section 17 providing for termination by either party upon sixty (60) day prior written remains in effect.
Section 4. Lease Payments
The initial lease payment for the Extended Term, effective January 1, 2018, is Six Hundred Forty-Nine Dollars ($649.00) per month payable monthly in advance. On January 1, 2019, the lease payment will increase by Four Percent (4%) rounded to the nearest dollar, so that the lease payment effective January 1, 2019 will be Six Hundred Seventy-Five Dollars. ($675) per month.
All Other Terms and Conditions shall remain in effect during the entire term of this Lease.
LESSOR. LESSEE
City of Gonzales, a municipal corporation Laboratory Corporation of America Rene L Mendez, City Manager by: Clarissa Willett
Date Signed: 5/ 2/18 Date Signed: May 1, 2018
Amendment No. 1
Description: This is amendment No. 1 to Lease "Lease" between the City of Gonzales, a municipal corporation of the State of California, hereinafter called "Landlord," and Laboratory Corporation of America (Lab Corp.), hereinafter called "Tenant" signed the Fourth day of January 2016 covering calendar year 2016.
Purpose: The purpose of this Amendment is to extend the lease term and set the rental cost for any extended term.
Section 2. Term
This section sets the term as expiring December 31, 2016. The Tenant is allowed to ask for an extension based upon written notice at least three (3) months in advance. Tenant provided notice properly.
This Lease is extended through December 31, 2017 unless extended by mutual agreement at least three months prior to expiration. Section 17 regarding termination is still in effect providing for 60 day notice by either party to terminate this Lease.
Section 4. Lease Payments
The initial lease payment was Six Hundred Dollars ($600) per month payable monthly in advance.
Each January first lease payments shall increase by Four percent (4%) rounded to the nearest dollar. January first 2017 (01/01/17) Lease payment shall be Six Hundred and Twenty-Four dollars ($624) per month.
All Other Terms and Conditions shall remain in effect during the entire term of this Lease.
LESSOR LESSEE
City of Gonzales, a municipal corporation Laboratory Corporation of America Sade Rag
Rene L Mendez, City Manager by: Leda Rosse, VP
Date Signed: 9/1/16 Date Signed: 1/27/17
LEASE
THIS LEASE is made between the CITY OF GONZALES, a municipal corporation of the State of California, hereinafter called "Landlord," and Laboratory Corporation of America, a Delaware corporation hereinafter called "Tenant" as follows:
DESCRIPTION OF PREMISES
The Landlord hereby leases to Tenant, and Tenant hires from Landiord, on the terms and conaitions hereinatter set forth, those certain premises situated in the City of Gonzales, and located at 133 Fourth Street in the City of Gonzales, Monterey County, California, and as set forth in the floor plan attached hereto as Exhibit A, and all the improvements located thereon.
2. TERM
The term of this Lease shall commence on January 1, 2016, and shall expire on December 31, 2016. Tenant is given the option to extend the term on all provisions contained in this Lease, except for minimum monthly rent, for an additional one year term, following expiration of the initial term. Tenant shall provide Landlord with written notice of exercise of this option at least 3 months before the expiration of the term.
3. USE
The demised premises shall be used by Tenant solely and exclusively as a patient service center and related purposes and operated in accordance with the rules, regulations, and licensing requirements of the State of California. It is a condition of this Lease that the Tenant shall at all times operates and maintains the premises in full compliance with State accreditation and licensing standards.
4. LEASE PAYMENTS
As and for the lease of said premises, on the date of commencement of this Lease, Tenant agrees to pay to Landlord the sum of Six Hundred Dollars ($600) per month, payable monthly in advance on the first of each month, without deduction or offset.
5. MAINTENANCE AND REPAIR
Tenant shall, at its own expense, keep and maintain the demised premises in good condition at all times during the term of this Lease. With the exception below, Tenant acknowledges that said premises and all improvements thereon which are included in this Lease are now in good order and condition, and Tenant hereby covenants and agrees to keep the same in good order and condition at all times during the term hereot, and upon the expiration of said term to surrender and yield up the said premises and improvements to the Landlord in as good condition as when received, loss or damage by fire or inevitable accident and reasonable use and wear excepted. Tenant further agrees to perform all routine maintenance and repair resulting from occupancy at its own cost, necessary to comply with federal, state, county, municipal and other governmental agencies having or claiming jurisdiction. Such maintenance includes
repairs and/or damage including, but not limited to, minor plumbing, broken windows, and painting touch- ups.
Landlord at its own cost shall be responsible for general building maintenance, including but not limited to maintenance of the structural portions of the building (foundations bearing and exterior walls, subflooring and roof), and Landlord installed plumbing, electrical, heating and air conditioning systems.
6. IMPROVEMENTS AND ALTERATIONS
Tenant shall not commit, nor permit to be committed, any waste of, in or about the said premises, and shall not make, nor permit to be made, any alterations or improvements of the said premises, without first obtaining written consent from Landlord. Tenant, at its own cost, agrees to pay for improvements to the demised premises and grounds, including repairs and replacements that result from normal use including, but not limited to new floor coverings, paint, and window coverings. All additions to and improvements of said premises, including locks, bolts and other fixtures, whether made by the Tenant or any other person, save and except movable furniture, fixtures and equipment installed by the Tenant upon the said premises and which can be removed therefrom without injury to the said premises, immediately when made shall become and be the property of the Landlord and shall not be removed from or changed in the said premises without first obtaining the written consent of Landlord.
UTILITIES
Landlord shall make all arrangements for and pay for electric and gas utilities used in the demised premises.
Tenant shall make all arrangements for and pay for phone and internet utilities if used in the demised premises. Tenant will make reasonable efforts to minimize electric and gas use in the demised premises.
JANITORIAL SERVICE
Tenant agrees to provide its own janitorial services for the demised premises, including vacuuming, emptying waste, dusting and window washing, all at Tenant's cost.
9. DISPOSAL OF HAZARDOUS MATERIAL AND WASTES
Landlord and Tenant recognize that Tenant's use of the demised premises may include the use of toxic and/or hazardous materials requiring special care in both handling and disposal. Tenant hereby agrees that it has the sole and exclusive responsibility for proper handling and disposal of such materials in accordance with local, state, and federal regulations.
10. DESTRUCTION OF PREMISES
If, during the term of this Lease, the premises or the building and other improvements in which the premises are located are totally or partially destroyed from any cause, rendering the premises totally or partially inaccessible or unusable, Landlord shall restore the premises or the building and other improvements in which the premises are located to substantially the same condition as they were in immediately before destruction, if the restoration can be made and completed within 30 (thirty) working days after the date of destruction. Such destruction shall not terminate this Lease. However, Tenant shall
be entitled to an adjustment of rent based on the extent to which the destruction interferes with Tenant's recognized use of the premises.
If the restoration cannot be made within 30 (thirty) working days, then within 15 (fifteen) days after Landlord determines that the restoration cannot be made, Tenant can terminate this Lease immediately by giving notice to Landlord. If Tenant fails to terminate this Lease and if restoration is viable, Landlord, at its election, can either terminate this Lease or restore the premises or the building and other improvements in which the premises are located within a reasonable time and this Lease shall continue in full force and effect.
11. SIGNS
Tenant at its cost shall have the right to place, construct, and maintain a sign on the exterior of the leased premises in accordance with local rules, ordinances, and regulations. Landlord agrees to work with Tenant to have at last one sign visible to clients.
12. EXCULPATION OF LANDLORD
Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause. Tenant waives all claims against Landlord for damage to person or property, for any reason, except that, notwithstanding anything to the contrary, Landlord shall be liable to Tenant for damage to Tenant resulting from the acts or omissions of Landlord or its authorized representatives.
13. INDEMNITY
In the absence of any negligent or intentional act of omission by Landlord, its employees, agents, representatives, contractors or invitees of Landlord, Tenant agrees to indemnily and defend Landlord and to save harmless Landlord, and the licensees, invitees, agents, servants and employees of Landlord against and from claims by or on behalf of any person, firm or corporation, arising by reason of injury to person or property occurring on the Premises, to the extent occasioned by a negligent or intentional act or omission on the part of Tenant. Tenant agrees to pay Landlord promptly for damage to the Premises caused by Tenant and for damage due to neglect of the Premises by Tenant or neglect by Tenant of its equipment, apparatus and appurtenances of which Tenant is obligated to preserve hereunder. Landlord shall protect, indemnify, defend and hold Tenant harmless for, from and against any and all claims, costs, expenses, suits, judgments, actions, investigations, proceedings and liabilities arising out of or in connection with any breach of any of Landlord's obligations herein or the inaccuracy of any warranty or representation herein.
INSURANCE REQUIREMENTS
Tenant shall, at its own expense, maintain the following insurance at all times during the term of this Lease, or any extension of renewal thereof:
A. Public Liability and Property Damage Insurance
Tenant, at its own cost, shall maintain public liability insurance in an amount satisfactory to Landlord, but in no event less than $1,000,000.00 per occurrence naming Landlord as certificate holder. Should Tenant fail to obtain such insurance coverage, Landlord may obtain the same for Landlord's own protection at Tenant's expense, and the cost thereof shall be repaid by Tenant to Landlord upon demand.
Additionally, all insurance required under this Lease shall:
a. Be issued by insurance companies authorized to do business in the State of California and meeting with the approval of the City of Gonzales.
b. Be issued as a primary policy.
15. LIENS
Tenant agrees to keep said premises free from liens of every character, and in the event that any liens for labor or materials should arise during the term hereof on account of any act or omission by Tenant, Tenant agrees forthwith to discharge and pay the same.
16. COMPLIANCE WITH LAWS
The Tenant shall not do, or permit to be done, or keep, or permit to be kept, in or about the said premises, anything which shall be a nuisance or which shall be in violation of any law, ordinance, rule or regulation of any governmental authority, or of any rule or regulation of the Insurance Services Office, relating to the said premises, or which shall increase, or tend to increase, the existing rates of insurance of the said premises.
17. TERMINATION
This Lease may be terminated by either party as of the last day of any calendar month by giving sixty (60) day prior written notice thereof to the other party.
18. DEFAULT
The occurrence of any of the following shall constitute a default by Tenant:
Failure to pay rent when due, if failure continues for 10 days after notice has been given to Tenant.
2. Abandonment and vacation of premises for 30 days without the continued payment of rent.
Failure to perform any other provision of this Lease if the failure to perform is not cured within 30 days after notice has been given to Tenant. If the default cannot be reasonably cured within 30 days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the 30 day period and diligently and in good faith continues to cure the default.
Upon default, Landlord shall have the right to terminate this Lease and take possession of the premises. Said remedy is not exclusive, and is cumulative in addition to my other remedy now or later allowed by law.
In the event that Landlord fails to observe or perform any obligation required to be observed or performed by Landlord under the terms of this Lease, and Landlord fails to cure such breach within thirty
(30) days after written notice thereof from Tenant, Landlord shall be deemed in default. Upon Landlord's default, Tenant, at its option, may terminate this Lease.
19. ASSIGNMENT AND SUBLETTING
Tenant may not assign this Lease, or any interest herein, or underlet the said premises, or any part thereof, without the prior written consent of the Landlord.
20. TAX CONSEQUENCES
Tenant's possessory interest in the property, created by the execution of this Lease, may be subject to property taxation, and the Tenant may be subject to the payment of property taxes levied on such interest pursuant to California Revenue and Taxation Code Section 107.6. Payment of all such taxes shall be the sole responsibility of Tenant.
21. COORDINATION
The parties to this Lease agree that, unless otherwise indicated in writing, the following persons have primary responsibility for liaison and coordination of activities required to carry out this agreement:
For Landlord - City Manager, 831-675-5000; For Tenant - Cameron Cross, 885-668-4283 or her successor.
22. WAIVER OF RIGHT OF ACTION FOR INSURED LOSSES
Each party to this Lease waives any right of action such party may later acquire against the other for the recovery of any loss or damage to any of such party's property which is insured under valid and collectible insurance policies, to the extent of any recovery collectible under such insurance.
23. INSPECTION
Landlord shall have the right to enter said premises, or any part thereof, at all reasonable times upon prior written notice for the purpose of inspecting the same or for any other lawful purpose.
24. NOTICE
Any notice by Landlord hereunder will be sufficiently served upon Tenant if given to Tenant personally or deposited in the United States mail, registered or certified, addressed to said Tenant at the address below:
[INSERT ADDRESS]
with a copy to:
Laboratory Corporation of America Holdings
531 South Spring Street
Burlington, NC 27215
Attention: Law Department
25. NONDISCRIMINATION
The Tenant herein covenants by and for itself, administrators and assigns, and all persons claiming under or through them, and this Lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry or sexual preference in the • leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the Tenant itself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants or vendees on the land herein leased.
26. ATTORNEYS FEES ON DEFAULT
In case suit shall be brought for an unlawful detainer of the said premises, for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the prevailing party to be kept or performed, said prevailing party shall pay to the other party reasonable attorneys' fees which shall be fixed by court.
27. SUCCESSORS AND ASSIGNS
Subject to the restriction on assignment hereinabove written, this Lease, and all of the terms, -covenants and conditions hereof, shall be binding upon and shall insure to the benefit of the heirs, legal representatives, successors and assigns of the respective parties hereto.
28. NOTICES.
Any written notice to Tenant shall be sent to:
Laboratory Corporation of America
13112 Evening Creek Drive South
San Diego, CA 92128
Attn: Lease Administrator
With Copy to:
Laboratory Corporation of America Holdings
531 South Spring Street
Burlington, NG 27215
Attn: Law Department
Any written notice to City shall be sent to:
City Manager
City of Gonzales
P.O Box 647
Gonzales, CA 93926
29. DISCLOSURE
In accordance with California Civil Code Section 1938, Landlord hereby warrants and represents the leased property (has/has not) undergone inspection by a Certified Access Specialist (CASp)
29. MODIFICATION
This Lease contains the full agreement of the parties and may not be amended or modified except by written agreement.
IN WITNESS WHEREOF, the said parties have hereunto set their hands in duplicate the Fourth day of January, 2016.
LESSOR LESSEE
CITY OF GONZALES, a municipal corporation Laboratory Corporation of America or Cope Rigge
René L. Mendez, City Manager Leda Rogge, VP
•
EXHIBIT A
Areas if 133 Fourth St occupied prior to January 1, 2016 as a medical laboratory:
1. Diagram below, general areas
2. One small office area
3. One small sample taking room
4. One restroom
5. Patient waiting area
Rental Area
Goo
LEASE RIDER :
This Lease Rider to the Lease January 4, 2016, (the "Lease") is entered into by Laboratory Corporation of America ("Tenant") and City of Gonzales ("Landlord") and is intended by the parties to clarify, supplement and amend the provisions of the above-referenced Lease with respect to the leased premises located at 133 Fourth Street, Gonzales, California (the "Premises").
NOTWITHSTANDING ANY PROVISION OF THE LEASE TO THE CONTRARY, the parties hereby agree as follows:
1. Responsibility of Tenant. Tenant does not assume and shall not be responsible in any way for liabilities, losses, damages or expenses arising from injury or death to person or damages to property unless such injury, death or damage is proximately and solely caused by the negligent act or omission of Tenant, its employees or agents.
2. Responsibility of Landlord. It shall be the responsibility of the Landlord, at Landlord's expense, to ensure that the Building, and any use, repairs, alterations, changes or additions to the Building comply with all applicable laws, regulations, ordinances and rules, including but not limited to the Americans with Disabllities Act and the accessibiity guidelines issued thereunder. In the event Landiord fais to make such alterations within sixty (60) days of the commencement of the Lease, Tenant shall have the option to terminate this Lease.
3. Surrender of Premises. At the termination of this Lease, Tenant shall surrender the Premises and all keys, if any, to Landlord. The Premises shall be in the same condition as at the commencement of the Term, normal wear and tear and loss from casualty excepted, and Tenant shall remove from the Premises all of its property.
4. No Physician Interest. Landlord represents and warrants that no physician or physician's family members have an ownership or investment interest in the Premises either directly or indirectly, through debt, equity, or otherwise. Landlord further represents that no physician or physician's family member shall receive or share directly or indirectly in the proceeds of this Lease.
5. Notices. In addition to where notices are to be sent pursuant to the Lease, all notices required or permitted to be given by Landlord shall not be effective until copies are mailed, certified mail retur receipt requested, to the following:
Law Department, Laboratory Corporation of America Holdings, 531 South Spring Street, Burlington, North Carolina 27215.
Lease Administrator, Laboratory Corporation of America, 13112 Evening Creek Drive South, San Diego, California 92128
Tenant's Right to Cure. Tenant shall not be considered to be in breach of any term or condition of • the Lease, until Tenant has received at least fifteen (15) days written notice of such breach, and has failed to cure such breach within such period.
7. Reasonableness of the Parlies. All provisions, conditions and obligations of the Lease and any documents to be executed and delivered by either party pursuant to the terms of the Lease shall be reasonable in their nature and in their requirements. All references to notices, consents and approvals shall be construed to mean that such notices, consents and approvals shall not be unreasonably withheld or delayed by either party.
8. Documentation and Support. In the event Landlord requests or requires that Tenant pay or be liable for an amount of money which is in excess of the annual base rental rate, Tenant shall have the right to request and receive documentation or other supporting evidence which, in the opinion of Tenant, substantiates and justifies the obligation to pay and the amount of such payment.
9. ExcLUsIViTY. Landlord agrees that Tenant shall have the sole and exclusive right to operate a clinical laboratory and/or patient service center/draw station within the Building in which said Premises are located, during the initial Term or any Renewal Terms of this Lease. Landlord shall not, during the Initial Term or any Renewal Terms of this Lease, lease space within the Building or allow another tenant in the Building to sublease space to any entity whose business is primarily involved in the operation of a clinical laboratory or who is a competitor of Tenant in the clinical laboratory business. It is hereby understood and agreed that laboratories maintained by physician tenants incidental to their practice, e.g. medicine or dentistry, are permissible to the extent that they provide laboratory services solely for their own patients. Landlord agrees to and shall undertake all appropriate and necessary measures to enforce this provision. year first above written.
Laboratory Corporation of America ("TENANT") ("LANDLORD") City Manager
Date: 2/15/16 Date:_ 2/18/16