Preview
UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 224261 FOR COURT USE ONLY
NAME: Trevor Mirkes
FIRM NAME: Mirkes Law - PLC
STREET ADDRESS: 1809 S Street, Suite 101-272
city: Sacramento STATE: CA 2P CODE: 95811
TELEPHONE NO.: 916-800-4914 FAX NO.: FI LED/ENDORS ED
EMAIL ADDRESS: info@mirkeslaw.com
ATTORNEY FOR (name): SUMIT SHARMA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO MAR 1 9 202"
STREET ADDRESS: 720 9th Street
MAILING ADDRESS: 720 9th Street By: K. Fay
ciTY AND ZP copE: SACRAMENTO, CA 95814 Y Deputy Crerk
BRANCH NAME: Gordon D. Schaber Sacramento County Courthouse
PLAINTIFF: SUMIT SHARMA
DEFENDANT: HOLMES GYM EQUIPMENT, LLC
[X] DOES1 TO 10
COMPLAINT—UNLAWFUL DETAINER* CASE NUMBER:
[X_] COMPLAINT [ ] AMENDED COMPLAINT (Amendment Number): Ly ey ovs: 744
Jurisdiction (check all that apply):
[] ACTION IS A LIMITED CIVIL CASE (amount demanded does not exceed $35,000)
Amount demanded [ does not exceed $10,000
[] exceeds $10,000
[x7] ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $35,000)
[] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
[] from unlawful detainer to general unlimited civil (possession not in issue). [] from limited to unlimited.
[] from unlawful detainer to general limited civil (possession not in issue). [] from unlimited to limited.
1. PLAINTIFF (name each):
SUMIT SHARMA
alleges causes of action against DEFENDANT (name each):
HOLMES GYM EQUIPMENT, LLC AND DOES 1-10
2. a Plaintiffis (1) [X] anindividual over the age of 18 years. (4) [__] a partnership.
(2) [] apublic agency. (5) [_] a corporation.
(3) [] other (specify):
b. [[] Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street
address, apt. no., city, zip code, and county):
4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834, Sacramento County
b. The premises in 3a are (check one)
(1) [x7] within the city limits of (name of city): Sacramento
(2) [ within the unincorporated area of (name of county):
c. The premises in 3a were constructed in (approximate year): 2005
Plaintiffs interest in the premises is [X | as owner [__| other (specify):
The true names and capacities of defendants sued as Does are unknown to plaintiff.
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
Page 10f4
e -t - el COMPLAINT—UNLAWFUL DETAINER Code of Civil
e g’ btarsles
Procedure, §§ 425.12, 1166
UD-100 [Rev. January 1, 2024] www.courts.ca.gov
uD-100
PLAINTIFF: SUMIT SHARMA CASE NUMBER:
DEFENDANT: HOLMES GYM EQUIPMENT, LLC
6. a. On or about (date): 4/16/2022
defendant (name each):
HOLMES GYM EQUIPMENT, LLC AND DOES 1-10
(1) agreed to rent the premises as a [__] month-to-month tenancy [ | other tenancy (specify): 5 years, 3 month
(2) agreedtopayrentof $ 6,075.00 payable [X ] monthly [ other (specify frequency):
(3) agreed to pay rentonthe [ X ] firstofthe month [_] other day (specify):
This [x] writen [__] oral agreement was made with
(1) [] plaintiff. (3) [] plaintiff's predecessor in interest.
(2) [x7] plaintiffs agent. (4) [___] Other (specify):
] The defendants not named in item 6a are
(1) [] subtenants.
(2) [] assignees.
(3) [_] Other (specify):
The agreement was later changed as follows (specify):
e rent was increased over the course of the tenancy. The current rent is $6197.00 per month.
[x] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
[ (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) [ the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) [] this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
The tenancy described in 6 (complete (a) or (b))
a. [x] is not subject to the Tenant Protection Act of 2019 (C|V|I Code, § 1946.2). The specific subpart supporting why tenancy
is exempt is (specify): 1946.2(a) - Commercial
b. [ is subject to the Tenant Protection Act of 2019.
(Complete only if item 7b is checked. Check all applicable boxes.)
a. ] The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1)).
b. [] The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)
1) [] waived the payment of rent for the final month of the tenancy, before the rent came due, under
section 1946.2(d)(2), in the amount of $
(2) [] provided a direct payment of one month's rent under section 1946 2(d)(3), equaling $
to (name each defendant and amount given to each):
C. [_] Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action.
9. a. [x] Defendant (name each): HOLMES GYM EQUIPMENT, LLC AND DOES 1-10
was served the following notice on the same date and in the same manner:
(1) [] 3-day notice to pay rentorquit (5) [__| 3-day notice to perform covenants or quit
(2) [ 30-day notice to quit (not applicable if item 7b checked)
(3) [] 60-day notice to quit (6) [ 3-day notice to quit under Civil Code, § 1946.2(c)
(=] ey Actesss it Prior required notice to perform covenants served (date):
(7) [x] Other (specify): 10-Day Notice to Pay Rent or Quit - Commercial
UD-100 [Rev. January 1, 2024] COMPLA'NT—UNLAWFUL DETAINER Page 2of 4
UD-100
PLAINTIFF: SUMIT SHARMA CASE NUMBER:
DEFENDANT: HOLMES GYM EQUIPMENT, LLC
9. b. (1) On (date): 2/29/2024 the period stated in the notice checked in 9a expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
C. Al facts stated in the notice are true.
d. [[X7] The notice included an election of forfeiture.
e. [[X] A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.
When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)
f. [_] One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different
notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a
statement providing the information required by items 9a—e and 10 for each defendant and notice.)
10. a. [x7] The notice in item 9a was served on the defendant named in item 9a as follows:
(1) ] By personally handing a copy to defendant on (date):
(2) [ By leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
[ residence [_] business AND mailing a copy to defendant at defendant's place of residence
on (date): because defendant cannot be found at defendant's residence or usual place of business.
(3) [x7] By posting a copy on the premises on (date): 2/11/2024
[] AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises
on (date): 2/11/2024
(@) [ because defendant's residence and usual place of business cannot be ascertained OR
(b) [(x7] because no person of suitable age or discretion can be found there.
(4) [] (Not for 3-day notice; see Civil Code, § 1946, before using) By sending a copy by certified or registered mail
addressed to defendant on (date):
(8) [] (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written
commercial lease between the parties
b. [_] (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
¢. [x] Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c.
d. [[X7] Proof of service of the notice in item 9a is attached and labeled Exhibit 3.
11. [] Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
12. [X7] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $67,577.00
13. [x] The fair rental value of the premises is $206.57 per day.
14. [_] Defendant's continued possession is malicious, and plaintiff is entitied to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.)
15. [X_] A written agreement between the parties provides for attorney fees.
16. [_] Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and
date of passage):
Plaintiff has met all applicable requirements of the ordinances.
17. [] Other allegations are stated in Attachment 17.
18. Plaintiff accepts the jurisdictional limit, if any, of the court.
UD-100 [Rev. Janary 1, 2024) COMPLAINT—UNLAWFUL DETAINER Page 3ot 4
PLAINTIFF: SUMIT SHARMA CASE NUMBER:
DEFENDANT: HOLMES GYM EQUIPMENT, LLC
19. PLAINTIFF REQUESTS
a. possession of the premises. f. ] damages in the amount of waived rent or relocation assistance
b. costs incurred in this proceeding: as stated in item 8: §
c. [X] past-due rent of $ 67,577.00 g. [[X7] damages at the rate stated in item 13 from
d. [Xx7] reasonable attorney fees. date: 3/1/2024
e. [x] forfeiture of the agreement. for each day that defendants remain in possession through entry of judgment.
h. [] statutory damages up to $600 for the conduct alleged in item 14.
i. [x] other (specify):
Such other relief as the court deems just and proper.
20. [x_] Number of pages attached (specify): 2 .
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
21. [x7] (Complete in all cases.) An unlawful detainer assistant x|
[ didnot [__] did
for compensation give advice or assistance
with this form. (If declarant has received any help or advice for pay from an unlawful
detainer assistant, complete a—f.)
a. Assistant's name: c Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e Registration no.:
f.
Date: 3/['(2024
Trevor Mirkes
(TYPE OR PRINT NAME) (SIGNATUREOF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
| am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-100 [Rev. January 1, 2024)]
COMPLAINT—UNLAWFUL DETAINER Page4 of 4
MC-025
CASE NUMBER:
SHORT TITLE:
[ SUMIT SHARMA V. HOLMES GYM EQUIPMENT, LLC
ATTACHMENT (Number): 10c
(This Attachment may be used with any Judicial Council form.)
The Defendant was also served by posting and mailing the notice to pay rent on 2/14/2024 at the address listed
on the rental contract and the secretary of state:
Holmes Gym Equipment, LLC
4961 Kokomo Drive
Sacramento, CA 95835
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page ( of (
A ttachment are made under penalty I of perjury.)
jury. (Add pages as required)
o R
MC-025 [Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
s
Trevor Mirkes (224261)
1809 S Street, #101-272
Sacramento, CA 95811
916-800-4%14 (T)
916-877-7657 (F)
Attorney for Plaintiff
SUMIT SHARMA
SUPERIOR COURT OF CALIFORNIA
SACRAMENTO COUNTY
SUMIT SHARMA,
Plaintiff (s), DECLARATION OF AGENT FOR OWNER
RE VERIFICATION OF UNLAWFUL
vS. DETAINER COMPLAINT
10 HOLMES GYM EQUIPMENT, LLC AND
11 DOES 1-10,
12 Defendant
(s)
13 I, LAURIE HUNTER, declare:
14
1. I am an employee of S.F. Edison, LP., the management
15
company and authorized agent for SUMIT SHARMA.
16
. I have read the forgoing Complaint for Unlawful Detainer
17
and know the contents thereof.
18
am informed and believe that the matters stated therein
3. I
18 are true and, on that basis, allege that they are true.
20
under penalty of perjury under the Laws of the State
21 I declare
of California that the foregoing is true and correct.
22
Executed this éj day of March 2024 at Sacramento,
23
Cal%icrnia., ; ; ;
24
25
LAURIE HUNTER sy rex
286
27
28
UDC Verification -~ Limited Partnership
10-DAY NOTICE TO PAY RENT OR QUIT
(Monetary Covenant, Commercial Rental)
To: Holmes Gym Equipment, LLC and all others in possession of the real property located at 4421 Gateway
_ MBlvd.,Snite 100, Sacramento, CA 95834, Sacramento County.
Notice is hereby given that pursuant to the agreementby which you hold possession of the premises dsescribed
above, thereis now due and unpaid RENT, including “Additional Rent” as defined by your lease in the amount of
$67.557.00. This amount is a good-faith estimate pursuant to Code of Civ. Proceedure sect. 1161.1.
; Within 10 days after service on you of this notice, you are required to pay said AMOUNT of rent in full or
to deliver up possession of said premises by vacating, removing your personal property and delivering your keys to
your landlord, If said rents are not paid within 10 days after service on you of this notice you will be material
- mon-compliance with your tenancy agreement, and your landlord elects to declare the forfeiture of your tenancy
agreement, effective the 10 day after service on you of this notice.
If you do not pay your delinquent rent in full within ‘Ten Days after service of this notice but remain in
possession of the real property described above, your landlord may seek to enforce the termination of your tenancy
by beginning court proceedings against you, at which time you may present a defense. The proceedings may seek
possession of the real property described above and declaration of the forfeiture of your tenancy agreement. It could
also result in a money judgment being entered against you for the balances due, plus costs and disbursements of suit,
and attorney's fees if provided for in your tenancy agreement or allowed by applicable law.
Payment must be made by mail to: SF Edison Partners, LP
v 8757 Auburn Folsom Road, #2830
Granite Bay, CA 95746
Personal delivery is not available.
Tel: 916-740-8397
Dated: 2/8/2024 W
Owner or Authorized Managing Agent
cc: File
PROOF OF SERVICE
L. under penalty of perjury, hereby declare that I am a citizen of the United States over the age of
eighteen years and not a party to this action; that I served the:
(X) NOTICE TO PAY RENT OR QUIT - 10 DAY
1. Defendant: HOLMES GYM EQUIPMENT, LLC
and all other occupant(s) in possession
Date & Time of Delivery: February 11, 2024 at 1:00 PM
o
3. Address Delivery: 4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834
4. Personally Served to:
5 Property Address: 4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834
6. Mailing Date to Tenant’s Residence: 2/11/2024
Type of Mail: Sealed, Addressed with Full Prepaid First-Class United States Mail
FA Manner of Service: (Check one box only)
(a) [ ]By delivering a copy to the tenant personally. (CCP Sec. 1162 (1))
(b) [ ]By leaving a copy with a person of suitable age and discretion at either tenant’s
place of residence or usual place of business because tenant was absent from residence
and usual place of business; and by sending a copy through the mail addressed to the
tenant at his place of residence. (CCP Sec. 1162 (2)).
{ ¢) | X] By affixing a copy in a conspicuous place on the property, and delivering a
copy to a person there residing, if any, because tenant’s usual place of residence and
usual place of business could not be ascertained, or a person of suitable age and
discretion could not be found at tenant’s residence or usual place of business, and by
sending a copy through the mail addressed to the tenant at the place where the
property is situated. (CCP Sec. 1162(3)).
PRIORITY PROCESS PROS, INC.
Executed on February 11, 2024 P.O. Box 5994
Vacaville, California Vacaville, CA 95696
SOLANO COUNTY REGISTERED
LICENSE # 404
PROOF OF SERVICE
1.. under penalty of perjury, hereby declare that | am a citizen of the United States over the age
of
eighteen years and not a party to this action; that I served the:
(X) NOTICE TO PAY RENT OR QUIT - 10 DAY
Defendant: HOLMES GYM EQUIPMENT, LLC
and all other occupant(s) in possession
Date & Time of Delivery: February 14, 2024 at 2:15 PM
f\)
Address Delivery: 4961 Kokomo Drive Sacramento, CA 95835
Personally Served to:
Property Address: 4961 Kokomo Drive Sacramento, CA 95835
Mailing Date to Tenant’s Residence: 2/14/2024
Type of Mail: Sealed, Addressed with Full Prepaid First-Class United States Mail
Manner of Service: (Check one box only)
(a) | |]By delivering a copy to the tenant personally. (CCP Sec. 1162 (1))
(b) [ ] By leaving a copy with a person of suitable age and discretion at either tenant’s
place of residence or usual place of business because tenant was absent from residence
and usual place of business; and by sending a copy through the mail addressed to the
tenant at his place of residence. (CCP Sec. 1162 (2)).
(¢) [ X | By affixing a copy in a conspicuous place on the property, and delivering a
copy to a person there residing, if any, because tenant’s usual place of residence and
usual place of business could not be ascertained, or a person of suitable age and
discretion could not be found at tenant’s residence or usual place of business, and by
sending a copy through the mail addressed to the tenant at the place where the
property is situated. (CCP Sec. 1162(3)).
PRIORITY PROCESS PROS, INC.
Exec uted on February 14, 2024 P.O. Box 5994
Vacaville, California Vacaville, CA 95696
$75.00 4 i
%
(S ggnatg re of Declarant] / N SOLANO COUNTY REGISTERED
D. MDRIX LICENSE # 404
DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22D9A9B8C1
AIRCRZ
contracts
STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE - NET
1. Basic Provisions ("Basic Provisions").
1.1 Parties. This Lease ("Lease"), dated for reference purposesonly _ April 16, 2022 ,ismadebyandbetween S F Edison
Partners, LP ('wessor')and _Holmes Gym Equipment, LILC ('Lessee"),(collectivelythe
"Parties", or individually a
"Party").
1.2(a) Premises: That certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known
as (street address, unit/suite, city, state,zip): 4421 Gateway Park Blvd. Suites 100 Sacramento, CA
95834 ("Premises”). The Premises are located in the County of _Sacrament o ,and aregenerally described as (describe briefly the nature of the
Premises and the "Project”): _ Approximatel 4,0 F Retail/Flex
larger 11,230 SF Building. . inadditiontoLessee's rightsto use and occupy the Premises as hereinafter specified, Lessee shall have
non-exclusive rights to any utility raceways of the building containing the Premises ("Building") and to the Common Areas (as defined in Paragraph 2.7 below), but
shall not have any rights to the roof, or exterior walls of the Building or to any other buildings in the Project. The Premises, the Building, the Common Areas, the land
upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the "Project." (See also Paragraph 2)
12(b) Parkingg _Parking spaces located adjacent to the leased building
premises are unreservedvehicle parking spaces and are in-common with the other buildings within the
Goldenland Complex. (See also Paragraph 2.6)
1.3 Term: 5 years and 3 months ("Original Term") commencing May l, ZQZZ Qr upon al 1
personal property being removed from the leased premises, which ever is
later [See Paragraph 521 (": itDate”) andending _ JUly 31, 2027 ("Expiration
Date"). (See also
Paragraph 3)
1.4 Early Possession: If the Premises are available Lessee may have non-exclusive possession of the Premises commencing _ Upon mutual
execution of this lease Agreement, ILessors receipt of Lessee's first
months rent, first months NNN expenses & security deposit and Lessee's
Certificate of Liability Insurance as described in Paragraph 8.2 (a)of this
w ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3)
15 BaseRent: _ 56, 075.00 per month ("BaseRent"), payableonthe _ 1St day of each month commencing _ Augqust 1,
2022 . (See also Paragraph 4)
Iz If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph 50
1.6 Lessee's Share of Common Area Operating Exp Thirty SixX percent(_36 %) ("Lessee's Share"). In the event that the
size of the Premises and/or the Project are modified during the term of this Lease, Lessor shall recalculate Lessee's Share to reflect such modification.
1.7 Base Rent and Other Monies Paid Upon Execution:
(a) Base Rent: $6, 075.00 for the period 8/1/22"8/31/22
(b) Common Area Operating Expenses: The current estimate for theperiod _5/1/22-5/31//22 is _$1,458.00
(c) Security Deposit: $6,075.00 ("Security Deposit"). (See also Paragraph 5)
(d) other: _S$0.00 for _N/A
(e) Total Due Upon Execution of this Lease: _$13, 608.00 .
1.8 Agreed Use: _Home Gym Equipment Sales . (SeealsoParagraph6)
1.9 Insuring Party. Lessor is the "Insuring Party". (See also Paragraph 8)
1.10 Real Estate Brokers. (See also Paragraphs 15 and 25)
(a) Representation: Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following
agency relationships in this Lease with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)"):
Lessor'sBrokerage
Firm _T I, Commercial, Inc./Anthony O. Lewis; Crossroad Venture
Groug License No. _ 00869562 Isthebroker of (check one): E] the Lessor; or @ both the Lessee and Lessor (dual agent).
Lessor'sAgent _Anthony O. Lewis; Tim Rawlins tLicenseNo. 02041104 is(checkone): @ the Lessor's
AgenDt s(salesperson or broker associate); or @ both the Lessee's Agent and the Lessor's Agent (dual agent).
Lessee'sBrokerage
Firm _T I, Commercial, Inc./A ny 0. Lewis; Crossroad Venture
INITIALS INITIALS
© 2019 AIR CRE. AllRights Reserved. Last Edited: 4/17/2022 8:43 AM
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DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22DSA9B8C1
GIOUQ License No. _ 00869562 Isthebroker of (check one): D the Lessee; or EZ both the Lessee and Lessor (dual agent).
Lessee'sAgent _Anthony O. Lewis; Tim Rawlins tienseNo. _00869562;02041104 is(check one):
D the Lessee's Agent (salesperson or broker associate); or EZ both the Lessee's Agent and the Lessor's Agent (dual agent).
(b) Payment to Brokers. Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed toin a
separate written agreement (or if there is no such agreement, the sum of or _6 % of the total Base Rent) for the brokerage services
rendered by the Brokers.
1.11 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by _ JUSt in Holmes ("Guarantor"). (See also Paragraph
37)
1.12 Attachments. Attached hereto are the following, all of which constitute a part of this Lease:
an Addendum consisting of Paragraphs 50 through 5 3 :
a site plan depicting the Premises;
D a site plan depicting the Project;
a current set of the Rules and Regulations for the Project;
D a current set of the Rules and Regulations adopted by the owners' association;
a Work Letter;
other (specify):
2. Premises.
2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms,
covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for
purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be
different. NOTE Lessee is advised to verlfy the actual size pnor to execunng this Lease
W&kmmadmgafiemgflm Lessee mll accept the leased bufldmg premlses in "As Is" LOIldltlon
2.3 Compliance. Lessor warrants that to the best of its knowledge the improvements on the Premises comply with the building codes, applicable laws,
covenants or restrictions of record, regulations, and ordinances ("Applicable Requirements") that were in effect at the time that each improvement, or portion
thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with
Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 49), or to any Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to
be made by Lessee. NOTE: Lessee is responsible for determining whether or not the Applicable Requirements, and especially the zoning are appropriate for
Lessee's intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty, Lessor shall,
except as otherwise provided, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify
the same at Lessor's expense. If Lessee does not give Lessor written notice of a non-compliance with this warranty within 6 months following the Start Date,
correction of that non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense. If the Applicable Requirements are hereafter changed so as to
require during the term of this Lease the construction of an addition to or an alteration of the Unit, Premises and/or Building, the remediation of any Hazardous
Substance, or the reinforcement or other physical modification of the Unit, Premises and/or Building ("Capital Expenditure"), Lessor and Lessee shall allocate the cost
of such work as follows:
(a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as
compared with uses by tenants in general, Lessee shall be fully responsible for the cost thereof, provided, however, that if such Capital Expenditure is required during
the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing,
within 10 days after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost thereof and the amount equal to 6
months' Base Rent. If Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor
written notice specifying a termination date at least 90 days thereafter. Such termination date shall, however, in no event be earlier than the last day that Lessee
could legally utilize the Premises without commencing such Capital Expenditure.
(b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic
madifications), then Lessor shall pay for such Capital Expenditure and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease
or any extension thereof, on the date that on which the Base Rent is due, an amount equal to 1/144th of the portion of such costs reasonably attributable to the
s. Lessee shall pay Interest on the balance but may prepay its obligation at any time. If, however, such Capital Expenditure is required during the last 2 years
S S. DS
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© 2019 AIR CRE. AllRights Reserved. Last Edited: 4/17/2022 8:43 AM
MTN-26.30, Revised 10-22-2020 Page 2 of 19
DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22D9A9B8C1
of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon
90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 10 days after receipt of Lessor's termination notice that Lessee will pay for such
Capital Expenditure. If Lessor does not elect to terminate, and fails to tender its share of any such Capital Expenditure, Lessee may advance such funds and deduct
same, with Interest, from Rent until Lessor's share of such costs have been fully paid. If Lessee is unable to finance Lessor's share, or if the balance of the Rent due
and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon 30
days written notice to Lessor.
(c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new
Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or
modification to the Premises then, and in that event, Lessee shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as
may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditure at its own expense. Lessee shall not have any
right to terminate this Lease.
2.4 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises; (b) it has been advised by
Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler
systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's
intended use; (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate
to its occupancy of the Premises; (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor; (e) the square footage of the
Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein; and (f) neither Lessor, Lessor's agents, nor Brokers have made
any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. Inaddition, Lessor acknowledges that: (i) Brokers
have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises and (ii) it is Lessor's sole
responsibility to investigate the financial capability and/or suitability of all proposed tenants.
2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect ifimmediately prior to the Start Date Lessee
was the owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work.
2.6 Vehicle Parking. Lessee shall be entitled to use the number of Parking Spaces specified in Paragraph 1.2(b) on those portions of the Common Areas
designated from time to time by Lessor for parking. Lessee shall not use more parking spaces than said number. Said parking spaces shall be used for parking by
vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Lessor may regulate the lpading and unloading of
vehicles by adopting Rules and Regulations as provided in Paragraph 2.9. No vehicles other than Permitted Size Vehicles may be parked in the Common Area without
the prior written permission of Lessor. In addition:
(a) Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, suppliers, shippers, customers,
contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Lessor for such activities.
(b) Lessee shall not service or store any vehicles in the Common Areas.
(c) If Lessee permits or allows any of the prohibited activities described in this Paragraph 2.6, then Lessor shall have the right, without notice, in addition
to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Lessee, which cost shall be immediately
payable upon demand by Lessor.
2.7 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of
the Project and interior utility raceways and installations within the Unit that are provided and designated by the Lessor from time to time for the general
non-exclusive use of Lessor, Lessee and other tenants of the Project and their respective employees, suppliers, shippers, customers, contractors and invitees, including
parking areas, loading and unloading areas, trash areas, roofs, roadways, walkways, driveways and langscaped areas.
2.8 Common Areas - Lessee's Rights. Lessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, contractors, customers and
invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time,
subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations or restrictions governing the
use of the Project. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily
or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Lessor or Lessor's designated agent, which consent
may be revoked at any time. Inthe event that any unauthorized storage shall occur, then Lessor shall have the right, without natice, in addition to such other rights
and remedies that it may have, to remove the property and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor.
2.9 Common Areas - Rules and Regulations. Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the
Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for
the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience
of other occupants or tenants of the Building and the Project and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and shall
use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide ang conform. Lessor shall not be responsible to Lessee
for the non-compliance with said Rules and Regulations by other tenants of the Project.
2.10 Common Areas - Changes. Lessor shall have the right, in Lessor's sole discretion, from time to time:
(a) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances,
parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways;
(b) Toclose temporarily any of the Common Are
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UD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 224261 FOR COURT USE ONLY NAME: Trevor Mirkes FIRM NAME: Mirkes Law - PLC STREET ADDRESS: 1809 S Street, Suite 101-272 city: Sacramento STATE: CA 2P CODE: 95811 TELEPHONE NO.: 916-800-4914 FAX NO.: FI LED/ENDORS ED EMAIL ADDRESS: info@mirkeslaw.com ATTORNEY FOR (name): SUMIT SHARMA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO MAR 1 9 202" STREET ADDRESS: 720 9th Street MAILING ADDRESS: 720 9th Street By: K. Fay ciTY AND ZP copE: SACRAMENTO, CA 95814 Y Deputy Crerk BRANCH NAME: Gordon D. Schaber Sacramento County Courthouse PLAINTIFF: SUMIT SHARMA DEFENDANT: HOLMES GYM EQUIPMENT, LLC [X] DOES1 TO 10 COMPLAINT—UNLAWFUL DETAINER* CASE NUMBER: [X_] COMPLAINT [ ] AMENDED COMPLAINT (Amendment Number): Ly ey ovs: 744 Jurisdiction (check all that apply): [] ACTION IS A LIMITED CIVIL CASE (amount demanded does not exceed $35,000) Amount demanded [ does not exceed $10,000 [] exceeds $10,000 [x7] ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $35,000) [] ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): [] from unlawful detainer to general unlimited civil (possession not in issue). [] from limited to unlimited. [] from unlawful detainer to general limited civil (possession not in issue). [] from unlimited to limited. 1. PLAINTIFF (name each): SUMIT SHARMA alleges causes of action against DEFENDANT (name each): HOLMES GYM EQUIPMENT, LLC AND DOES 1-10 2. a Plaintiffis (1) [X] anindividual over the age of 18 years. (4) [__] a partnership. (2) [] apublic agency. (5) [_] a corporation. (3) [] other (specify): b. [[] Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): 3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834, Sacramento County b. The premises in 3a are (check one) (1) [x7] within the city limits of (name of city): Sacramento (2) [ within the unincorporated area of (name of county): c. The premises in 3a were constructed in (approximate year): 2005 Plaintiffs interest in the premises is [X | as owner [__| other (specify): The true names and capacities of defendants sued as Does are unknown to plaintiff. *NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 10f4 e -t - el COMPLAINT—UNLAWFUL DETAINER Code of Civil e g’ btarsles Procedure, §§ 425.12, 1166 UD-100 [Rev. January 1, 2024] www.courts.ca.gov uD-100 PLAINTIFF: SUMIT SHARMA CASE NUMBER: DEFENDANT: HOLMES GYM EQUIPMENT, LLC 6. a. On or about (date): 4/16/2022 defendant (name each): HOLMES GYM EQUIPMENT, LLC AND DOES 1-10 (1) agreed to rent the premises as a [__] month-to-month tenancy [ | other tenancy (specify): 5 years, 3 month (2) agreedtopayrentof $ 6,075.00 payable [X ] monthly [ other (specify frequency): (3) agreed to pay rentonthe [ X ] firstofthe month [_] other day (specify): This [x] writen [__] oral agreement was made with (1) [] plaintiff. (3) [] plaintiff's predecessor in interest. (2) [x7] plaintiffs agent. (4) [___] Other (specify): ] The defendants not named in item 6a are (1) [] subtenants. (2) [] assignees. (3) [_] Other (specify): The agreement was later changed as follows (specify): e rent was increased over the course of the tenancy. The current rent is $6197.00 per month. [x] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) [ (For residential property) A copy of the written agreement is not attached because (specify reason): (1) [ the written agreement is not in the possession of the landlord or the landlord's employees or agents. (2) [] this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)). The tenancy described in 6 (complete (a) or (b)) a. [x] is not subject to the Tenant Protection Act of 2019 (C|V|I Code, § 1946.2). The specific subpart supporting why tenancy is exempt is (specify): 1946.2(a) - Commercial b. [ is subject to the Tenant Protection Act of 2019. (Complete only if item 7b is checked. Check all applicable boxes.) a. ] The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1)). b. [] The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one) 1) [] waived the payment of rent for the final month of the tenancy, before the rent came due, under section 1946.2(d)(2), in the amount of $ (2) [] provided a direct payment of one month's rent under section 1946 2(d)(3), equaling $ to (name each defendant and amount given to each): C. [_] Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action. 9. a. [x] Defendant (name each): HOLMES GYM EQUIPMENT, LLC AND DOES 1-10 was served the following notice on the same date and in the same manner: (1) [] 3-day notice to pay rentorquit (5) [__| 3-day notice to perform covenants or quit (2) [ 30-day notice to quit (not applicable if item 7b checked) (3) [] 60-day notice to quit (6) [ 3-day notice to quit under Civil Code, § 1946.2(c) (=] ey Actesss it Prior required notice to perform covenants served (date): (7) [x] Other (specify): 10-Day Notice to Pay Rent or Quit - Commercial UD-100 [Rev. January 1, 2024] COMPLA'NT—UNLAWFUL DETAINER Page 2of 4 UD-100 PLAINTIFF: SUMIT SHARMA CASE NUMBER: DEFENDANT: HOLMES GYM EQUIPMENT, LLC 9. b. (1) On (date): 2/29/2024 the period stated in the notice checked in 9a expired at the end of the day. (2) Defendants failed to comply with the requirements of the notice by that date. C. Al facts stated in the notice are true. d. [[X7] The notice included an election of forfeiture. e. [[X] A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166. When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.) f. [_] One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a statement providing the information required by items 9a—e and 10 for each defendant and notice.) 10. a. [x7] The notice in item 9a was served on the defendant named in item 9a as follows: (1) ] By personally handing a copy to defendant on (date): (2) [ By leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's [ residence [_] business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. (3) [x7] By posting a copy on the premises on (date): 2/11/2024 [] AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date): 2/11/2024 (@) [ because defendant's residence and usual place of business cannot be ascertained OR (b) [(x7] because no person of suitable age or discretion can be found there. (4) [] (Not for 3-day notice; see Civil Code, § 1946, before using) By sending a copy by certified or registered mail addressed to defendant on (date): (8) [] (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written commercial lease between the parties b. [_] (Name): was served on behalf of all defendants who signed a joint written rental agreement. ¢. [x] Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c. d. [[X7] Proof of service of the notice in item 9a is attached and labeled Exhibit 3. 11. [] Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 12. [X7] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $67,577.00 13. [x] The fair rental value of the premises is $206.57 per day. 14. [_] Defendant's continued possession is malicious, and plaintiff is entitied to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.) 15. [X_] A written agreement between the parties provides for attorney fees. 16. [_] Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plaintiff has met all applicable requirements of the ordinances. 17. [] Other allegations are stated in Attachment 17. 18. Plaintiff accepts the jurisdictional limit, if any, of the court. UD-100 [Rev. Janary 1, 2024) COMPLAINT—UNLAWFUL DETAINER Page 3ot 4 PLAINTIFF: SUMIT SHARMA CASE NUMBER: DEFENDANT: HOLMES GYM EQUIPMENT, LLC 19. PLAINTIFF REQUESTS a. possession of the premises. f. ] damages in the amount of waived rent or relocation assistance b. costs incurred in this proceeding: as stated in item 8: § c. [X] past-due rent of $ 67,577.00 g. [[X7] damages at the rate stated in item 13 from d. [Xx7] reasonable attorney fees. date: 3/1/2024 e. [x] forfeiture of the agreement. for each day that defendants remain in possession through entry of judgment. h. [] statutory damages up to $600 for the conduct alleged in item 14. i. [x] other (specify): Such other relief as the court deems just and proper. 20. [x_] Number of pages attached (specify): 2 . UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 21. [x7] (Complete in all cases.) An unlawful detainer assistant x| [ didnot [__] did for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from an unlawful detainer assistant, complete a—f.) a. Assistant's name: c Telephone no.: b. Street address, city, and zip code: d. County of registration: e Registration no.: f. Date: 3/['(2024 Trevor Mirkes (TYPE OR PRINT NAME) (SIGNATUREOF PLAINTIFF OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) | am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF) UD-100 [Rev. January 1, 2024)] COMPLAINT—UNLAWFUL DETAINER Page4 of 4 MC-025 CASE NUMBER: SHORT TITLE: [ SUMIT SHARMA V. HOLMES GYM EQUIPMENT, LLC ATTACHMENT (Number): 10c (This Attachment may be used with any Judicial Council form.) The Defendant was also served by posting and mailing the notice to pay rent on 2/14/2024 at the address listed on the rental contract and the secretary of state: Holmes Gym Equipment, LLC 4961 Kokomo Drive Sacramento, CA 95835 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page ( of ( A ttachment are made under penalty I of perjury.) jury. (Add pages as required) o R MC-025 [Rev. July 1, 2009] ATTACHMENT to Judicial Council Form s Trevor Mirkes (224261) 1809 S Street, #101-272 Sacramento, CA 95811 916-800-4%14 (T) 916-877-7657 (F) Attorney for Plaintiff SUMIT SHARMA SUPERIOR COURT OF CALIFORNIA SACRAMENTO COUNTY SUMIT SHARMA, Plaintiff (s), DECLARATION OF AGENT FOR OWNER RE VERIFICATION OF UNLAWFUL vS. DETAINER COMPLAINT 10 HOLMES GYM EQUIPMENT, LLC AND 11 DOES 1-10, 12 Defendant (s) 13 I, LAURIE HUNTER, declare: 14 1. I am an employee of S.F. Edison, LP., the management 15 company and authorized agent for SUMIT SHARMA. 16 . I have read the forgoing Complaint for Unlawful Detainer 17 and know the contents thereof. 18 am informed and believe that the matters stated therein 3. I 18 are true and, on that basis, allege that they are true. 20 under penalty of perjury under the Laws of the State 21 I declare of California that the foregoing is true and correct. 22 Executed this éj day of March 2024 at Sacramento, 23 Cal%icrnia., ; ; ; 24 25 LAURIE HUNTER sy rex 286 27 28 UDC Verification -~ Limited Partnership 10-DAY NOTICE TO PAY RENT OR QUIT (Monetary Covenant, Commercial Rental) To: Holmes Gym Equipment, LLC and all others in possession of the real property located at 4421 Gateway _ MBlvd.,Snite 100, Sacramento, CA 95834, Sacramento County. Notice is hereby given that pursuant to the agreementby which you hold possession of the premises dsescribed above, thereis now due and unpaid RENT, including “Additional Rent” as defined by your lease in the amount of $67.557.00. This amount is a good-faith estimate pursuant to Code of Civ. Proceedure sect. 1161.1. ; Within 10 days after service on you of this notice, you are required to pay said AMOUNT of rent in full or to deliver up possession of said premises by vacating, removing your personal property and delivering your keys to your landlord, If said rents are not paid within 10 days after service on you of this notice you will be material - mon-compliance with your tenancy agreement, and your landlord elects to declare the forfeiture of your tenancy agreement, effective the 10 day after service on you of this notice. If you do not pay your delinquent rent in full within ‘Ten Days after service of this notice but remain in possession of the real property described above, your landlord may seek to enforce the termination of your tenancy by beginning court proceedings against you, at which time you may present a defense. The proceedings may seek possession of the real property described above and declaration of the forfeiture of your tenancy agreement. It could also result in a money judgment being entered against you for the balances due, plus costs and disbursements of suit, and attorney's fees if provided for in your tenancy agreement or allowed by applicable law. Payment must be made by mail to: SF Edison Partners, LP v 8757 Auburn Folsom Road, #2830 Granite Bay, CA 95746 Personal delivery is not available. Tel: 916-740-8397 Dated: 2/8/2024 W Owner or Authorized Managing Agent cc: File PROOF OF SERVICE L. under penalty of perjury, hereby declare that I am a citizen of the United States over the age of eighteen years and not a party to this action; that I served the: (X) NOTICE TO PAY RENT OR QUIT - 10 DAY 1. Defendant: HOLMES GYM EQUIPMENT, LLC and all other occupant(s) in possession Date & Time of Delivery: February 11, 2024 at 1:00 PM o 3. Address Delivery: 4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834 4. Personally Served to: 5 Property Address: 4421 Gateway Park Blvd., Suite 100, Sacramento, CA 95834 6. Mailing Date to Tenant’s Residence: 2/11/2024 Type of Mail: Sealed, Addressed with Full Prepaid First-Class United States Mail FA Manner of Service: (Check one box only) (a) [ ]By delivering a copy to the tenant personally. (CCP Sec. 1162 (1)) (b) [ ]By leaving a copy with a person of suitable age and discretion at either tenant’s place of residence or usual place of business because tenant was absent from residence and usual place of business; and by sending a copy through the mail addressed to the tenant at his place of residence. (CCP Sec. 1162 (2)). { ¢) | X] By affixing a copy in a conspicuous place on the property, and delivering a copy to a person there residing, if any, because tenant’s usual place of residence and usual place of business could not be ascertained, or a person of suitable age and discretion could not be found at tenant’s residence or usual place of business, and by sending a copy through the mail addressed to the tenant at the place where the property is situated. (CCP Sec. 1162(3)). PRIORITY PROCESS PROS, INC. Executed on February 11, 2024 P.O. Box 5994 Vacaville, California Vacaville, CA 95696 SOLANO COUNTY REGISTERED LICENSE # 404 PROOF OF SERVICE 1.. under penalty of perjury, hereby declare that | am a citizen of the United States over the age of eighteen years and not a party to this action; that I served the: (X) NOTICE TO PAY RENT OR QUIT - 10 DAY Defendant: HOLMES GYM EQUIPMENT, LLC and all other occupant(s) in possession Date & Time of Delivery: February 14, 2024 at 2:15 PM f\) Address Delivery: 4961 Kokomo Drive Sacramento, CA 95835 Personally Served to: Property Address: 4961 Kokomo Drive Sacramento, CA 95835 Mailing Date to Tenant’s Residence: 2/14/2024 Type of Mail: Sealed, Addressed with Full Prepaid First-Class United States Mail Manner of Service: (Check one box only) (a) | |]By delivering a copy to the tenant personally. (CCP Sec. 1162 (1)) (b) [ ] By leaving a copy with a person of suitable age and discretion at either tenant’s place of residence or usual place of business because tenant was absent from residence and usual place of business; and by sending a copy through the mail addressed to the tenant at his place of residence. (CCP Sec. 1162 (2)). (¢) [ X | By affixing a copy in a conspicuous place on the property, and delivering a copy to a person there residing, if any, because tenant’s usual place of residence and usual place of business could not be ascertained, or a person of suitable age and discretion could not be found at tenant’s residence or usual place of business, and by sending a copy through the mail addressed to the tenant at the place where the property is situated. (CCP Sec. 1162(3)). PRIORITY PROCESS PROS, INC. Exec uted on February 14, 2024 P.O. Box 5994 Vacaville, California Vacaville, CA 95696 $75.00 4 i % (S ggnatg re of Declarant] / N SOLANO COUNTY REGISTERED D. MDRIX LICENSE # 404 DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22D9A9B8C1 AIRCRZ contracts STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE - NET 1. Basic Provisions ("Basic Provisions"). 1.1 Parties. This Lease ("Lease"), dated for reference purposesonly _ April 16, 2022 ,ismadebyandbetween S F Edison Partners, LP ('wessor')and _Holmes Gym Equipment, LILC ('Lessee"),(collectivelythe "Parties", or individually a "Party"). 1.2(a) Premises: That certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known as (street address, unit/suite, city, state,zip): 4421 Gateway Park Blvd. Suites 100 Sacramento, CA 95834 ("Premises”). The Premises are located in the County of _Sacrament o ,and aregenerally described as (describe briefly the nature of the Premises and the "Project”): _ Approximatel 4,0 F Retail/Flex larger 11,230 SF Building. . inadditiontoLessee's rightsto use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to any utility raceways of the building containing the Premises ("Building") and to the Common Areas (as defined in Paragraph 2.7 below), but shall not have any rights to the roof, or exterior walls of the Building or to any other buildings in the Project. The Premises, the Building, the Common Areas, the land upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the "Project." (See also Paragraph 2) 12(b) Parkingg _Parking spaces located adjacent to the leased building premises are unreservedvehicle parking spaces and are in-common with the other buildings within the Goldenland Complex. (See also Paragraph 2.6) 1.3 Term: 5 years and 3 months ("Original Term") commencing May l, ZQZZ Qr upon al 1 personal property being removed from the leased premises, which ever is later [See Paragraph 521 (": itDate”) andending _ JUly 31, 2027 ("Expiration Date"). (See also Paragraph 3) 1.4 Early Possession: If the Premises are available Lessee may have non-exclusive possession of the Premises commencing _ Upon mutual execution of this lease Agreement, ILessors receipt of Lessee's first months rent, first months NNN expenses & security deposit and Lessee's Certificate of Liability Insurance as described in Paragraph 8.2 (a)of this w ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3) 15 BaseRent: _ 56, 075.00 per month ("BaseRent"), payableonthe _ 1St day of each month commencing _ Augqust 1, 2022 . (See also Paragraph 4) Iz If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph 50 1.6 Lessee's Share of Common Area Operating Exp Thirty SixX percent(_36 %) ("Lessee's Share"). In the event that the size of the Premises and/or the Project are modified during the term of this Lease, Lessor shall recalculate Lessee's Share to reflect such modification. 1.7 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent: $6, 075.00 for the period 8/1/22"8/31/22 (b) Common Area Operating Expenses: The current estimate for theperiod _5/1/22-5/31//22 is _$1,458.00 (c) Security Deposit: $6,075.00 ("Security Deposit"). (See also Paragraph 5) (d) other: _S$0.00 for _N/A (e) Total Due Upon Execution of this Lease: _$13, 608.00 . 1.8 Agreed Use: _Home Gym Equipment Sales . (SeealsoParagraph6) 1.9 Insuring Party. Lessor is the "Insuring Party". (See also Paragraph 8) 1.10 Real Estate Brokers. (See also Paragraphs 15 and 25) (a) Representation: Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this Lease with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)"): Lessor'sBrokerage Firm _T I, Commercial, Inc./Anthony O. Lewis; Crossroad Venture Groug License No. _ 00869562 Isthebroker of (check one): E] the Lessor; or @ both the Lessee and Lessor (dual agent). Lessor'sAgent _Anthony O. Lewis; Tim Rawlins tLicenseNo. 02041104 is(checkone): @ the Lessor's AgenDt s(salesperson or broker associate); or @ both the Lessee's Agent and the Lessor's Agent (dual agent). Lessee'sBrokerage Firm _T I, Commercial, Inc./A ny 0. Lewis; Crossroad Venture INITIALS INITIALS © 2019 AIR CRE. AllRights Reserved. Last Edited: 4/17/2022 8:43 AM MTN-26.30, Revised 10-22-2020 Page 10f 19 DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22DSA9B8C1 GIOUQ License No. _ 00869562 Isthebroker of (check one): D the Lessee; or EZ both the Lessee and Lessor (dual agent). Lessee'sAgent _Anthony O. Lewis; Tim Rawlins tienseNo. _00869562;02041104 is(check one): D the Lessee's Agent (salesperson or broker associate); or EZ both the Lessee's Agent and the Lessor's Agent (dual agent). (b) Payment to Brokers. Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed toin a separate written agreement (or if there is no such agreement, the sum of or _6 % of the total Base Rent) for the brokerage services rendered by the Brokers. 1.11 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by _ JUSt in Holmes ("Guarantor"). (See also Paragraph 37) 1.12 Attachments. Attached hereto are the following, all of which constitute a part of this Lease: an Addendum consisting of Paragraphs 50 through 5 3 : a site plan depicting the Premises; D a site plan depicting the Project; a current set of the Rules and Regulations for the Project; D a current set of the Rules and Regulations adopted by the owners' association; a Work Letter; other (specify): 2. Premises. 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different. NOTE Lessee is advised to verlfy the actual size pnor to execunng this Lease W&kmmadmgafiemgflm Lessee mll accept the leased bufldmg premlses in "As Is" LOIldltlon 2.3 Compliance. Lessor warrants that to the best of its knowledge the improvements on the Premises comply with the building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances ("Applicable Requirements") that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 49), or to any Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to be made by Lessee. NOTE: Lessee is responsible for determining whether or not the Applicable Requirements, and especially the zoning are appropriate for Lessee's intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty, Lessor shall, except as otherwise provided, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same at Lessor's expense. If Lessee does not give Lessor written notice of a non-compliance with this warranty within 6 months following the Start Date, correction of that non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Unit, Premises and/or Building, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Unit, Premises and/or Building ("Capital Expenditure"), Lessor and Lessee shall allocate the cost of such work as follows: (a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as compared with uses by tenants in general, Lessee shall be fully responsible for the cost thereof, provided, however, that if such Capital Expenditure is required during the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing, within 10 days after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost thereof and the amount equal to 6 months' Base Rent. If Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter. Such termination date shall, however, in no event be earlier than the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure. (b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic madifications), then Lessor shall pay for such Capital Expenditure and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the date that on which the Base Rent is due, an amount equal to 1/144th of the portion of such costs reasonably attributable to the s. Lessee shall pay Interest on the balance but may prepay its obligation at any time. If, however, such Capital Expenditure is required during the last 2 years S S. DS INITIALS TNITIALS © 2019 AIR CRE. AllRights Reserved. Last Edited: 4/17/2022 8:43 AM MTN-26.30, Revised 10-22-2020 Page 2 of 19 DocuSign Envelope ID: C1F4E242-ABC3-446C-9DDE-ED22D9A9B8C1 of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 10 days after receipt of Lessor's termination notice that Lessee will pay for such Capital Expenditure. If Lessor does not elect to terminate, and fails to tender its share of any such Capital Expenditure, Lessee may advance such funds and deduct same, with Interest, from Rent until Lessor's share of such costs have been fully paid. If Lessee is unable to finance Lessor's share, or if the balance of the Rent due and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon 30 days written notice to Lessor. (c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditure at its own expense. Lessee shall not have any right to terminate this Lease. 2.4 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises; (b) it has been advised by Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's intended use; (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Premises; (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor; (e) the square footage of the Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein; and (f) neither Lessor, Lessor's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. Inaddition, Lessor acknowledges that: (i) Brokers have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises and (ii) it is Lessor's sole responsibility to investigate the financial capability and/or suitability of all proposed tenants. 2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect ifimmediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work. 2.6 Vehicle Parking. Lessee shall be entitled to use the number of Parking Spaces specified in Paragraph 1.2(b) on those portions of the Common Areas designated from time to time by Lessor for parking. Lessee shall not use more parking spaces than said number. Said parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Lessor may regulate the lpading and unloading of vehicles by adopting Rules and Regulations as provided in Paragraph 2.9. No vehicles other than Permitted Size Vehicles may be parked in the Common Area without the prior written permission of Lessor. In addition: (a) Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Lessor for such activities. (b) Lessee shall not service or store any vehicles in the Common Areas. (c) If Lessee permits or allows any of the prohibited activities described in this Paragraph 2.6, then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.7 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Project and interior utility raceways and installations within the Unit that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor, Lessee and other tenants of the Project and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roofs, roadways, walkways, driveways and langscaped areas. 2.8 Common Areas - Lessee's Rights. Lessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Lessor or Lessor's designated agent, which consent may be revoked at any time. Inthe event that any unauthorized storage shall occur, then Lessor shall have the right, without natice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.9 Common Areas - Rules and Regulations. Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide ang conform. Lessor shall not be responsible to Lessee for the non-compliance with said Rules and Regulations by other tenants of the Project. 2.10 Common Areas - Changes. Lessor shall have the right, in Lessor's sole discretion, from time to time: (a) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (b) Toclose temporarily any of the Common Are