R-111-16 Approving a Commercial Lease agreement with Edward Berki DBA Pacific Ocean Drive 3315 LLC for 1595 W Valley Blvd

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COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between the City of Colton ("Landlord") and Edward Berki DBA Pacific Ocean Drive 3315 LLC ("Tenant"), under the following terms and conditions: RECITALS a. Landlord owns property located at 1595 West Valley Boulevard in the City of Colton, County of San Bernardino, State of California (APN 0254-191-09), comprised of 0.93 acres or 40,615 square feet ("Property"). b. Landlord purchased the Property from Tenant pursuant to that certain Real Property Purchase and Sale Agreement and Joint Escrow Instructions, dated July 5, 2016. C. Landlord plans to sell the Property to LUMAR DEVCO, LLC, a California limited liability company ("Developer") under the terms of a Disposition and Development Agreement ("DDA") between Developer and Landlord. d. Tenant operates a commercial business, known as Three Star Auto Sales, on the Property and desires to lease the Property under the terms and conditions of this Lease. Now, therefore, for good and valuable consideration and the promises and covenants of Landlord and Tenant set forth in this Lease, Landlord and Tenant agree, as follows: 1. No Relocation Benefits. The Property was purchased by a public entity, the City of Colton, for a public project, as further described in the DDA. Tenant is considered a "post initiation of negotiations occupant" and as such, is not entitled to any public relocation assistance benefits at the termination of this Lease. Tenant expressly waives any claim for relocation assistance benefits under 49 CFR Part 24 , USC Title 42, Chapter 61, and California Government Code Title 1, Chapter 16, sections 7260-7277. This Section I applies to any tenant(s), sub-tenant(s), or other occupant(s) of the Property whether in occupancy with Landlord's consent or not. Tenant shall defend, indemnify and hold Landlord free and harmless from and against any and all claims, damages and liabilities (including legal fees and costs) for relocation benefits or loss of business goodwill made by any occupant associated with the Property, in accordance with Section 17. 2. Description of the Property_. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property, which includes all buildings, paved area and landscaped area located on the Property and shown on Exhibit A. Term, Occupancy; and Renewal. a. Term. The term of this Lease ("Term") shall commence on the close of escrow, estimated at November 18, 2016 (the "Commencement Date"), and end on May 31, 2017, or 23152.0631%290745 66.2