Cities Index.
Attachment 1 - Lease Agreement.pdf

Richmond City Council
July 26, 2022

Document
Attachment 1 - Lease Agreement.pdf
Meeting
July 26, 2022
Body
Richmond City Council
Pages
20
Original file
5.6 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

2801 GIANT ROAD
Richmond, CA 94806
Storage Agreement
INC, herein A CREMENT is made and entered into lis 2nd day of.. June, 2015, betwenORTH RICIMOND PROPERTIES INC INC., hercinafer referred to us "LANDLORD" and _City_of. Richmond hereinafter reforted to us "TENANT" under terms and conditions as follows:

IT IS AGREED: 10,000 sq ft of yard space at: 2801 Giant Rd, Richmond TERM: The tenn of this Agmement shall begin on August 1st >2015. end shell continuc one month-to-month basis.

Minimum tenazcy is one month.

JENT: Rent shull be Sl 1,000. por month, payable in advance of the first day of cush and every calender month, to LANDLORD, or LANDLORD's desiganted agent. In the event that rent is not reccived at LANDLORD's ofüice by 5:00 P.M. on the 10th day of the month, TENANT egrees to pay ten porcent (105) of the rental amount as liquidated damages for said late payment. In the event of a dishonored bank sheck from TENANT to LANDLORD, TENANT agrees to pay Ten Dolluca (S10) for each dishonored bant: cheek co additional rental due.

TENANT agrees to pay all costs nssociated with the collection of outstanding indebtedness, including process of certified letters which ers required by Sinte law; such costs will be considered part of the rentel.

First month's rent or prorated portion hereot: $1,000
Security and Cleaning Deposit: $1,000
Total due upon occupancy: S2:000
Picase provide an additional eddress to whom a preliminary lien notice and all subsequent notices my bo sent, as provided for under Cheptor 10 of Division 8 oftie Califomia Business and Professions Code (Section 21700 through 21716):

TENANT: City of Richmond
NAMED: Public Works, Parks & landscape NAME:

ADDRESS: Division. ADDRESS:

CITY: CITY:

STATEÍZAF: 3201 Leona Ave STATEIZIP:_
WORK PHONE: Richmond, CA 94804 WORK PHONE:

HOME PHONE: HOME PHONE:

DRIVERS LICENSE NO.231-3004

CONDITIONS
DEPOSITS: TENANT shall pay in advance a security, cleaning and damage deposit to be held by LANDLORD for the faithful performance of the terms of this Agrecment and for sezurity purposes and for cleaning and repair of the Promises after surrender of the sams by TENANT.

The deposit shall be mailed to the TENANT afor TENANT vacates the Premises, less all charges for cleaning, repairing, replacement of any missing items, or other amouts necessary to compensate LANDLORD for delinquent rent owed by TENANT. At the tennination of this tenancy, it shall be TENANT's responsibility to return the Premises in the same condition as they were in when rented and to notify LANDLORD that he has actually vacated. TENANT will provide thirty (30) days' written notice of intent to vacate.

USE OF PREMISES AND COMPLIANCE WITIL LAW: The use of the Promises is for the storego of vehicles only. TENANT shall not store on the Premices personal property in or to which any other person has any right, lille or interest. Il is spucifically understeod and greed that LANDLORD is not concered with the quantity or value of personal property or other goods stored by TENANT pursuant to this Agreement.

TENANT shall nat store any improperly packaged food or perisheble goods, petroleum products, lammable or toxic materials, explosives or odier inlicrently dangerous material, nor perform any welding on the Premises. TENANT shall not store or use any typo of Hazsrdous Subatances "Hararlous Substanes" shall includs, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products, by- on Lic Promises.
products or factions thercof. TENANT sholl remuin in compliance with all environmental lews, including any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or enviconmental conditions, including without limitation CERCLA, RCLAA, PCWAQCA, WC, Cal HWA, Califomia Water Code and Carpenter-Presley-Tanner Hazardous Substance Account Act. TENANT shall indemnify and hold harruless LANDLORD from and against any claims srising from the storage, releese, threatened releass, discharge, disposal or presence of any Hazardous Material on the Premises. TENANT sball not use the Premises for human or animul eccupancy.

TENANT shall not store any personal property which would result in tie violation of any law of any goverment authority and TENANT shall comply with all lawa, rules, regulations and ordinances of any and all governmental authorities concerning the Promises or the use thereof.

TENANT shall not use the Promises in ony manner that will constitute waste, nuisance or unnoyanse to other TENANTS. TENANT agrees to abide by all rules and policies posted on the Premises and as may be put into effect from time to time.

INSURANCE: LANDLORD does not provide insurance covering TENANT's stored property. TENANT, a TENANT's sole expenso, shall meintain on all personul property, in, on or bout the Premises, a policy of fire, extended coverage, ond special form insurance, with theft, vandalism and malicious mischief endorsements, to the extent of at least one hundred percent (L00S) of die full replacement value of such personal property, provided that to the extent TENANT, does not maintain insurance us described above, TENANT shall be deamed to have "self insuri", and provided further that in lieu of such insurence, TENANT may, in TENANT's sole diserction, elect to "self-insure" totally (licensed insurance company. To the extent TENANT "self-insures" as described above, TENANT shall bear the risk of loss or damage which would have been covered under the aforementioned extended coverage insurance policy. TENANT hereby releases LANDLORD aud its agents, authorized representatives and employees from any aud all claims for damnges or loss to the personal property in, on or about the Premises, that are caused by or resull from risks which are or would be insured against wader the extended corernge insurance policy described above and hereby waives any and all rights of recovery agaiust LANDLORD's ageuts in connection with any damuge which is or would be covered by any such policy.

LIMITATION OF LANDLORD'S LIABILITY: LANDLORD makes no warranty that the property will be stored safely. TENANT shall indemnify and hold LANDLORD'and LANDLORD's egents harmless from any and ell damages, loss or expense arising, and legal fees and associated costs, out of or in connection with any damage to any person or property occurring in, on or about the Premises, whether occasioned in this Agreement, in no event shall LANDLORD or LANDLORD'S agents be liable to TENANT in an amount in exeess of $5,000 For any by LANDLORD's or LANDLORD's agents' active or passive acts, omissions or negligenpo or otherwise. Notwithstending anything contained denuge or loss to any person or for any property stored in, on or about the Promises or the Project arising from any cause whatsoever, including, but not limited to, LANDLORD's or LANDLORD's agents' active or passive cets, omissions or negligenco.

CONDITION AND ALTERATION OF THE STORAGE SPACE: TENANT has examined the storage space and hereby accepts it as being in good order, condition and reper. TENANT agrees to keep the storage space in good order and condition end to pey the LANDLORD promptly for any repairs which LANDLORD must make to the storge space for damage caused by TENANT's misuse or negligence or the misuse or negligence of TENANT's invitoes, licensors, agents or guests. TENANT shall make no alteration or improvements of the storage space without the prior written consent of the LANDLORD and should TENANT male any alteration or improvement to the storege space the samo shull become and remain part of the storage pace and TENANT shall have no right to remove the same. TENANT shell return the storge spece to LANDLORD in as good condition as it was in on the date TENANT fool: possession of it and broom clean, with reasoneble wear and tear excepted. TENANT is spacifically forbidden to install say extre, wiring or hesters in the storage spoce and is not to operate ony electrical TENANT's discretion, deams sufficient to secure the Promises and TENANT's propurty. SECURITY: TENANT shell provide, at TENANT's own expense, looks er security devices for the Promises which TENANT, in tha RIGHT TO ENTER, INSPECT AND REPAIR PREMISES: TENANT shall gront LANDLORD, LANDLORD's agents or the supresentatives or any govemmentel authority, including police and fire officiais, access to the Premises upon ten (10) days' prior written notico to TENANT. obligetions under this Agreement, LANDLORD, LANDLORD's agents or the represeniatives ofany governmental authority shell hove the right In the event TENANT shell not grant access to the Premises es required or in the event of an emergency or upon default of any of TENANT's to remove TENANT's lock: and enter the Promises for the purpose of exemining Uie Promises or the contents thercof or for the purpose of making repairs or alterations to the Premises and taking such other action as may be necessery or approprinte to preserve the Promises or to comply with applicable lew or enforce any of LANDLORD's rights.

TENANT understands and agrees that the Siste Fire Mershall hes the right to inspect the Premises demised and the contents therein as often es four (4) Limes per year. TENANT will be given notice of such inspection as set cut above and is entitled to be prosent during such inspection.

NO WARRANTIES: LANDLORD hereby discloims uny implied or express warrenties, guarantees or representations of the nature, condition, safety or security of the Promises and the Projust ad TENANT hereby acknowledges that TENANT has inspected the Promises and hurchy acknowledges and agrees thet the LANDLORD does not represent or guarantes the safety or security of the Promises or of any property stored therein.

COSIS AND ATTORNEYS FEES: Should either perty bring suit in Court to enfore any of the terms and conditions of this Rental Agrement, the proveiling party shall be awarded costs, expenses of suit and reasonable attorneys' fees.

NOTICES: Except es otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of the Agresment may be personally served or may be served by first-class mail deposited in the United Stetes mail with postage thereon fully prepaid and addressed to the party so to be served at the residence, business or alternative address of such party provided for in this Agreement. Service of eny such notice or demand shall be deemed complete on the date delivered if personally delivered, or, if mailed, shall he deemed complete on the date of deposit in the United States mail, with postage thereof fully preprid and addressed in aesordanco with tire provisions liereo?.

NOTIFICATION OF CHANGE OF ADDRESS: In the event TENANT shall change TENANT's place of residence or place of business, or should alternate person to bo notified change address, from the places herein set forth, TENANT shall give LANDLORD written noties of any - change within ten (10), days of such change. ASSIGNMENT: TENANT shall not assign or sublease the Premises or any portion thereof. TENANT will not store property owned by others.

SUCCESSION: All of the provisions of this Agreement shall apply to bind and be obligatory upon the leirs, oxecutors, administrators representatives, suegessors und assigns of the parties hereto. applicable law, but, if any provision of this Agreement shall be invalid or prohibited under such appliceble law, such provision shall be ineffective CONSTRUCTION: Werever possible, esch provision of us Agreement shell be interpreted in such mannor es to be effeclive and valid under only 1o the extent of such probibition or invalidity without invalidating the remainder of such provision or the romaining provisions of this Agrecment.

DEFAULT IN KENT: In tle even that any part of the reat or other charges due Com the TENANT stall be in delault and due and unpaid for a period often (10) consecutive days, TENANT's right to use the Promises unay be terminuted and TENANT's properly stored in Premises will be subject to a claim of lien and may be sold to satisfy such lien, as provided by the provisions of Celifomia Business and Profossione Code, Divisien 8, Chepter 10, Section 21700 et seq.
that said Rules and Regulctions may be amsuded or augmented es reasonably necessary from time to time. RULES AND REGULATIONS: TENANT ecknowledges rescipt of a copy of the curcent Rules and Regulations and understands and agreos warranties, or egresments by or between the parties which are not fully set forth herein and no representative of LANDLORD or LANDLORD's ENTIRE AGREEMENT: Tus Rental Agreement is the entire egreement between LANDLORD and TENANT. There are no reprusentstions, agents is authorized to make any representations, warranties, or agreements other than as expressly set forts herein.

In witness whereof, the parties tereto have executed the Route! -reement une day and year fost above watten.

PLEASE IBAD THE ENTES AGREEMENT BEFORE SIGNING.

LANDLORD:

Albert O. Engel 6/15/2015
President le/215
100ft x 100ft

OVERALL LENGTH
• 10 per square ft
WDTH 10,000 square feet= $1,000 per month
*This lease is contingent upon tenant providing landlord with a certificate insurance naming North Richmond Properties Inc. as additional insured, as well as a signed Hold Harmless, Agreement.

Yara use: storage of equipment, no matenear in cost, landlord may need to relocate no material is to be deposited on the tenant's leased space within the yard at some point, tenant shall be responsible for its own belongings.

SIOFK03S
09002/011
10/12/2001 11:18 FAX 510 540 3813

FELO DE SHEE GE
-ATTORNER
OCT 87 1904
94 264080 OCT 871934
AT M.

RECORDING REQUESTED BY:

CONTRA COSTA COUNTY RECORDS
DEPARTMEN Or SURe STEPHEN L. WEIR
STEPHEN A. CIMPERHAN SORSEANCES CONTROL COUNTY RECORDER OFFICIAL FILE COPY 40ce
WHEN I RECORDED, MAIL, TO:

Stephen A. Cimperman,
Department of Toxic Substances Control
Region 2
700 Heinz Street, 2nd Floor
Berkeley, CA 94710 NOV 1 6 1994
attention: 2301 Giant Rd., Richmond
"Cooper Chemical: Project officer STATE OF

CALIFORNIA,
EPA

COVENANT AND AGRECHENT RECENED

TO RESTRICT USE OF PROPERTY
("Site R", 2801 Giant Ed., Richnond, CA)
This Covenant and Agreement ("Covenant") is made as of the 17ch _ 1994, by and betveen Triple A Machine
day of February
Shop, Inc. ("Covenantos"), located in Richmond, County of Concea Costa, state of california, and the California Department of Toxio Substances Control ("Department"), With reference to the following facts:

The property described in Exhibit "A", which is attached herato and incorporated by Chis reference, has been used as a hazerdous waste disposal site ("the Property").

Druns containing adhesive materials and solvents, including benzene, toluene, zylene and ethylbenzene, were removed from the Property, Although the drums and a substancial amount of the concarinated soil have been removed; traces of the above hazardous substances remain. Additionally, heavy
netals including lead, zino, copper, nickel and arsenio are in the soils on the Property, Lead concentrations exceeding Please initial here
0003/011
10/12/2004 11:18 FAX 510 540 3818
Covenant and Agreement 002321
Site R. 2801 Giane Read, Richmone
Page
October 21, 1993
che Total Threshold Dimic Concentration make this soil
hazerdous waste pursuane to Division 4.5, Title 22,
Section 66261.24 of the California Code of Regulations, The concaminated soil on the Property has been covered with a :
cap ("the cap"] consisting of soil layer one foot in depth.

C. If the contaminated soil were uncovered, exposure to the contaminated soils could occur via direct contact, surface wacer run-off or wind dispersal, The potential human health effects resulting from exposure to the lead-containing soil include kidney damage, and at high levels, neurocozio
effeuts, However, the areas of high contaminacion are
dispersed. The risk of publio exposure to the contaminents has been minimized by placing the Cap over the buried soils co elininate any significant risks to human health or the envirenment.

D, Jand in the vicinity of the Property is a mizture of vacant land and industrial buildings. Although much of the area in the immediate vicinity of the Property is zoned industrial, areas 3/3 mile to the east are residencial.

Covenantos desires and intends that in order to protect the present and future public health and safety, the Property shall be used in such a manner as to avoid potential harn co persons or progerty which may result from hazardous wastes which have been deposited on the Property, The Property X
Please initial here
0004/011
10/12/2004 11:13 FAX 510 540 3819
Covenant and Agreement
Site R, 2801 Giant Road, Richmond 09Z320

Page 3 ends

october 21, 1993
shall be used only for heavy industrial purposes.

Covenanto: fuzther desires end intends that 15 the
Propercy 1s to be used for porposes other than heary
industrial the proposed use shall be submitted in writing to che Department for approval in advance, Additionallyr
Covenantor, or its successors in interest, shall obtain all other necessary approvals from any other agency with
irisdiccion over land use, Any proposed change in the use of the Property tzom heavy Industrial use shall also comply with this Covenant, Tha Department shall not unreesonabl! eithhold its consent to any such change, provided all of its criteria have been mes.

ARTICLE I

GENERAL PROVISIONS
I. 01 Provisions to Run. with the land. This Covenant sets forth praceccive provisions, covenants, conditions, and restriotions, (collectively referred to as "Restrictions"), upon and subject to waich che Property and every portion thereof shall be Improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. Each and all of the Restriccions shall zur wich the land, and pass with each and every portion of the Property, and shall apply to, inure to the benefit of, and Each and all
bind the respective successors in interest thereof.
of the Restrictions are for the benefit of and enforceable by the Please initial here
E005/011
10/12/2004 11:18 FAX 513 540 3818
covenant and Agreenent 002319
Site Rr 2801 Giant Road, Richmond

Page 4 ends

october 21, 1993
Department against the Property and then current owner,

1.02 Concurrence of Owners Presumed All purchasers,
lessees, or possessors of any portion of the Property shall be deemed by theis purchase, leasing, or posseesion of the Property to be in accord with the foregoing and to agree for and among cheuselves, their heira, successors, and assignees, and the ageney, employees, and lessees of such owners, heirs, successors, and assignees, that che Restrictions as herein established must be adhered to fos the benefit of future Owners and Occupants and Chat their Interest in the Property shall be subject to the Restrictions contained herein.

1.03 Incorporation into Deeds and Leases Notice.
covenantor desires and covenants that all of the Restrictions set forth herein shall be incorporated by reference in each and all deeda and leases for eny portion of the Property.

ARTICLE IT

DEFINITIONS
"Department" shall mean the California

2.01 Depanesent
Department of Toxio Substances Control and shall include State
its successor agencies, if any.

Improvenents "Improvements" shall nean all

2.02 buildinge, roads, driveways, regradings, and paved parking areas; constructed or placed upon any portion of the Property.

X
Please initial here
Ej006/011
10/12/2004 11:20 FAX 510 540 3818
Covenant and Agreement 002318
Site R, 2801 Giant Road, Richnond

Page 5 ends

October 22, 3993
2,03 gocupares. "Occupants" shall mean owners and chose persons entitled by awership, leasehold, or other legal 6060 relationship to the exclusive right to occupy any portion of the Property.
"Owner" shall mean the Covenantor or its

2.04 Owner•
successors in interest, ineluding heirs, and assigns, who hold title to all or any portion of the Property.

ARTICLE ITT

DEVELOPMENT, USE AND CONVEZANCE OF THE PROPERTY
3„01 Bestricrions on Use. Covenantor shall restrict the use of the Property to heavy industrial use as follows:

No residence for permanent human habltation shall be
permitted;
No hospicals or health case clinics shall be pernicted; No schools of any kind for persons under 21 years of
age shall he permitted;
đ.. Nọ day care centers for children, the elderly or
disabled shall be permitted;
e+ No raising of food of any kind shall be permitted;
*. All owners, lessors, tenants and lesses shall maincain the integrity of the Cap to prevent access to and
exposure of hazardous substances in the soil beneath
the Cap. The owners or occupants shall notify the
Department in writing of the nature, cause, location,
Please initial here
4007/011
10/12/2004 11:20 FAX 510 540 3819
covenant and Agreenent
site R, 2801 Giant Road, Richmond 002317

Page 5 ends

Datober 21, 1993
and date of any disturbance of the Cap, within five
woEking days. The overs or occupants shall notify the
Department in writing of che nacure and date of the
repairs of any disturbance of the Cap within five
working dayar and
The Corenantor agrees that the Department shall have
access to the Proberty during business hours for the
puzgeses of assuring conpliance with the Covenant, as
provided for in Chapters 6,5 and 6.8 of Division 20 of
the Health and Safety Coder however, the Department
shall not interfere with the owner's or tenant's ríght
of quiet enjoyment.

3.02 Conveyance of Property. The Owner or Owners shall
provide a fifteen (15) days advance notice to the Department of The
any sale, lease, or other conveyance of the Property.

Department shall not, by reason oż the Covenant, have authority to approve, disappcove, or ocherwise affect any sale, lease, or other conveyance 02 the Property except as otherwise provided by law, by administracive order, or by reason of this Covenant. 3„Q3 Enforcement. Failure of the Owner to comply with any of the restrictions, as set forth in paragraph 3,01, shall be grounds for the Department, by reason of the Covenant, to require that the Over modity or renove any improvements constructed in violacion of that paragraph. Violation of the Covenant shall be X
Please initial here
0008/011
10/12/2004 11:20 FAX 510 540 3819
• 1
Covenant and Agreement
Site Ri 2801 Giant Road, Richmond 002316
Pace
October 21, 1993
grounds for the Department to file a civil action against the Cumer as provided by law.

3.04 Hotice in Agreements. 411 overs, lessors, tenance, 00008 lessees and licensees shall execute a written instrument which shall accompany all puzchase, lease, sublease, or rental agreements relating to the Property. The instrument shall contaim the following scatement:
"The land described herein contains hazardous
waste. This condition renders the lard and
the owner, lessee, or other possessor of the
land subject to che requizements,
restriotions, provisions, and liabilities
contained in Chapter 6-6 and Chapter 6.8 of
Division 20 of the Health and Safety Code.

This stasement is not a declaration that a
hazard ezists. "

ARTICLE IV

VARIANCE AND TERMINATION
4,01 Variance. Modification. or Agreement. Any Owner or, with che owner's consent any Occupant of the Property, or any portion thereof, nay apply to the Department for a written modification ei the provisions of this Covenant, Such an agplication shall be made in accordance with Health and Safety code Section 25233.

Please initial here
0009/011
10/12/2004 11:20 FAX 510 540 3819
Covenant and Agreement
Site B, 2801 Giant Road, Richmond 002315

Page 8 ends

october 21, 1993

4.02 Termination. Any Owner or, with the Owner's consert, an occupant of the Property or a portion thereof, may apply co 0P the Department for a termination of the restrictions as they apply to all or any porcion of the Property- such an application shall be made in accordance with Health and Safety Code Seccion 25234n

4.03 Tena. ünlees : terminated in accordance with
paragsaph 1,02 abever by law or otherwise, this Covenant shall concine in effect in relation to the Property in perpetuity-

ARTICLE V

MTSCELLANEOUS

5.01 No Dedication Intended. Nothing set forth herein
shall be construed to be a gift or dedication, or ofter of a gift os dedication, of the Property or any portion thereof to the general public or for any purposes whatsoever.

5.02 lictices. Whenever any person gives or serves any
notice, demand, or other comunicacion with respect to this Coverans, each such nocice, demand, or other communication shall be in writing and shall be deened effective: 1) When delivered, il personally delivered to the person being served or to an officer of a corporate party being served or to an official of a governnent agency being served, or 2) three (3) business days after deposit in the mail if mailed by United States mail, postage paid, certified, return receipt requested, as follows:

Please initial here
0010/011
10/12/2006 11:21 FAX 510 540 3819
. .:

Coverane and Agreement 002314
site 2801 Giant Roäd, Richmond

Page 9 ends

Occober 21 r 1993
To: "Covenantor"
Albert Engel, President
Triple A Machine Shop, In0.
2801 Giant Road
Richmonå, CA 94306-2246
CopY co: Departaent 0f Tosio Substances Conerol
.Aten: 2801 Gianc Roed, Richmond
"Cooper Chemical" Project Officer
700 Heinz Avenue, 2nd floor
Berkeley, CA 94710

5.03 Partial Invalidity, If any portion of the
Restrictions or terns set forth bereln is determined to be invalid for any reason, the remaining portlon shall renain in full force and effect as lf such portion had not been included. herein.

5.04 Articla Headineg, Headings at the beginning of each numbered article of this Covenant are solely for the conventence of the parcies and are not a part of the Covenant.

5.05 Rocordation. This instrument shall be executed by the covenantor and by the site Mitigacion Branch Chief, Region 2, Deparement oż Toxio Substences Control, This instrument shall be recorded by che Covenantor in the County of Contra Costs within ten (10) days of che date of execution.

Please initial here
0011/011
10/12/2004 11:21 FAX 510 540 3818
Covenant and Agreenent
site R, 2801 Giant Road, Richmond 002313

Page 20 ends

October 21, 1993

5.06 References" All references to Code sections inolude successor provisions,
IN NTINESS VEEREE, the parties execute this Covenant as of the date get forth above.

OWNER:

By:

Ticle: PRESIDENT
Date: _Tebruary 17. 1994

DEPARTMEND TOXIC SURETANCES CONTROL
Ticle: zonal Chie
Date:

Please initial here
07/23/2009 09:01 PAGE 11
2330776

STATE OF CALIFORNIA
COUNTY OF Contre Certa.
• 19 24, before me, a
On _
Notary Public in and for the State of California, personally appeared _ ALGET Q. EngEL
(Hame)
personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in his/her/their
executed the same in his/her/cheir authorized capacity (ies) that by his/her/their signature(s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.

WITNESS my hand and official seal.

OFFICIAL SEAT

BETTY SANTH

NOTARY PUBUC- CAL FORTA

CONTRA COSTA COUNTY
Thy Comm. Exores May 16, 1994
Notary's Signature
Please initial here
07/23/2009 09:01 2330776 PAGE 12
All that real propery located in the City of Richmond, County of Contra Costa, State of Califomia described as follows:

Parcel C of Parcel Map MS 756-91 recorded July 27, 1992 in Book 159 of Maps at Pages 3 and 4 as series number 92-187580.

EXHIBIT "A"
•:

Please initial her
North Richmond Properties Inc.

Hold Harmless Agreement
This agreement is executed this 10 day of_July,_2015_ by and between (Company name)__ City of Richmond → and North Richmond Properties, Inc. and California Properties, Inc., its affiliates, officers, and employees.

Whereas: (Company name)City of Richmond
Is: Leasing yard space for equipment
At (property location):_ 2801 Giant Rd, Richmond, CA 94806 Now in consideration of the mutual promises contained herein the parties agree (Company name) City of Richmond shall indemnify, defend and hold North Richmond Properties, Inc. and California Properties, Inc., its affiliates, owners, heirs, executors, Albert O. Engel, individually, and Susan J. Alonso, individually, and employees ("indemnified parties") harmless from and against any and all claims, liabilities, expenses, attorney's fees, and causes of action to or by third persons, including, but not limited to: (Company name)_ _City of Richmond , its subcontractors, or their/his/her employees if either for injury to or death of any person and for damage or destruction of any property, resulting directly or indirectly from and all acts or omissions of (Company name)__City of Richmond → its subcontractors, or of anyone directly or indirectly employed by either of them in connection with the Leasing yard space for equipment unless such injury, death, damage and/or destruction is caused by the gross negligence of the "indemnified parties". (Company name) _ City of Richmond_'s obligation to indemnified parties shall include the obligation to handle or defend at (Company name)_City of Richmond own expense any claim or litigation in connection therewith.

Per this agreement/contract: (Company name)—_City of Richmond _ shall name North Richmond Properties, Inc., and California Properties Inc., its affiliates, officers, and employees as additional insured on all necessary insurance and this agreement/contract shall satisfy any additional insured endorsement requirements.

Date: Date:

WEnt
Albert O./Engel Signature
For indemnified parties For:_City of Richmond

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