Preview
- FILE BY FAK-
SUM-130
SUMMONS—EVICTION
FOR COURT USE ONLY
(CITACION JUDICIAL—DESALOJO) (SOLO PARA USO DE LA CORTE)
UNLAWFUL DETAINER/ FORCIBLE DETAINER / FORCIBLE ENTRY
(RETENCION ILICITA DE UN INMUEBLE / RETENCION FORZOSA / ENTRADA FORZOSA)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Yasrebi Law, a California professional corporation; and DOES 1-10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Public Policy Institute of California, a California non-profit public benefit corporation
NOTICE! You have been sued. The court may decide JAVISO! Usted ha sido demandado. Si no responde dentro de 5 dias,
against you without your being heard unless you respond el tribunal puede emitir un fallo en su contra sin una audiencia. Una
within 5 days. You have 5 DAYS, not counting Saturdays vez que le entreguen esta citacién y papeles legales, solo tiene 5
and Sundays and other judicial holidays, after this summons DIAS, sin contar sébado y domingo y otros dias feriados del tribunal,
and legal papers are served on you to file a written response para presentar una respuesta por escrito en este tribunal y hacer que
at this court and have a copy served on the plaintiff. If this se entregue una copia al demandante. Si la presente citacién le ha
summons was served through the Secretary of State's Safe sido entregado a través del programa de direccién confidencial del
at Home address confidentiality program, you have 10 days Secretario del Estado Seguro en Casa, tiene 10 dias después de la
from the date of service, not counting Saturdays and fecha de entrega, sin contar sabado y domingo y otros dias feriados
Sundays and other judicial holidays, to respond. del tribunal, para responder.
A letter or phone call will not protect you. Your written Una carta o una llamada telefonica no Io protege. Su respuesta por
response must be in proper legal form if you want the court escrito tiene que estar en formato legal correcto si desea que procesen
to hear your case. There may be a court form that you can su caso en la corte. Es posible que haya un formulario que usted
use for your response. You can find these court forms and pueda usar para su respuesta. Puede encontrar estos formularios de la
more information at the California Courts Online Self-Help corte y mas informacion en el Centro de Ayuda de las Cortes de
Center (www.courts.ca.gov/selfhelp), your county law library, California (www.sucorte.ca.gov), en la biblioteca de leyes de su
or the courthouse nearest you. If you do not file your condado o en /a corte que le quede mas cerca. Si no presenta su
response on time, you may lose the case by default, and respuesta a tiempo, puede perder el caso por falta de comparecencia y
your wages, money, and property may be taken without se le podra quitar su sueldo, dinero y bienes sin mas advertencia.
further warning from the court.
There are other legal requirements. You may want to call an Hay otros requisitos legales. Es recomendable que lame a un abogado
attorney right away. If you do not know an attorney, you may inmediatamente. Si no conoce a un abogado, puede llamar a un
want to call an attorney referral service. If you cannot afford servicio de remisién a abogados. Si no puede pagar a un abogado, es
an attorney, you may be eligible for free legal services from posible que cumpla con los requisitos para obtener servicios legales
a nonprofit legal services program. You can locate these gratuitos de un programa de servicios legales sin fines de lucro, Puede
nonprofit groups at the California Legal Services website encontrar estos grupos sin fines de lucro en el sitio web de California
(www.lawhelpca.org), the California Courts Online Self-Help Legal Services, (www.lawhelpca.org/es), en el Centro de Ayuda de las
Center (www.courts.ca.gov/selfhelp), or by contacting your Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto
local court or county bar association. con la corte o el colegio de abogados local. ‘
FEE WAIVER: If you cannot pay the filing fee, ask the clerk EXENCION DE CUOTAS: Si no puede pagar la cuota de presentacién,
for a fee waiver form, NOTE: The court has a statutory lien pida al secretario de la corte que le dé un formulario de exencién de
for waived fees and costs on any settlement or arbitration pago de cuotas. AVISO: Por ley, la corte tiene derecho a reclamar las
award of $10,000 or more ina civil case. The court's lien cuotas y los costos exentos con un gravamen sobre cualquier monto de
must be paid before the court will dismiss the case. $10,000 6 mas recibido mediante un acuerdo o una concesién de
arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de
la corte antes de que la corte pueda desestimar el caso.
The name and address of the court is: CASE NUMBER (ntimero de caso):
*
(El nombre y direcci6n de la corte es):
San Francisco Superior Court, Civic Center Courthouse, & [9- 24-674858
400 McAllister Street, San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (E/ nombre, la direcci6n y el
numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
Robert B. Martin IIl and Stephanie A. Foster, SSL LAW FIRM, 505 Montgomery Street, Ste. 620, San Francisco, CA 94111, (415)
814-6400
Page 1 0f2
Form Adopted for Mandatory Use SUMMONS—EVICTION Code of Civil Procedure, §§ 412.20, 416.45, 1167
Judicial Council of California www.courts.ca.gov
‘SUM-130 [Rev. January 1, 2024] (Unlawful Detainer / Forcible Detainer/ Forcible Entry)
SUM-130
PLAINTIFF (Name): Public Policy Institute of California, a California non-profit public
benefit corporation CASE NUMBER:
DEFENDANT (Name): Yasrebi Law, a California professional corporation; and DOES 1-10,
inclusive GUD -24-674858
(Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [<_] did not [J dia
for compensation give advice or assistance with this form. (if plaintiff has received any help or advice for pay from an
unlawful detainer assistant, complete item 4 below.)
Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant):
a. Assistant's name:
b Telephone no.:
c, Street address, city, and zip:
d. County of registration:
e. Registration no.:
f. Registration expires on (date):
Date:
APR 28 2024 Clerk, by ¢- » Deputy
(Fecha) (Secretario) (Adjunto)
¥
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).) ES JAM FORONDA
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons (form POS-010).)
[SEAL] 5. NOTICE TO THE PERSON SERVED: You are served
COURT OF
S
gs ee
Za]
. [_]
. [__]
as an individual defendant.
as the person sued under the fictitious name of (specify):
- [J as an occupant.
DSESs js
aaa, aS |. [__] on behalf of (specify):
aA Vp
oF? po fh under [__] CCP 416.10 (corporation). [1] cop 416.60 (minor).
YB, [J CCP 416.20 (defunct corporation). [1 CCP 416.70 (conservatee).
P Lf, WS O [J CCP 416.40 (association or partnership). [—_] CCP 416.90 (authorized person).
GF SANE AD [5 CCP 415.46 (occupant). [] other (specify):
. by personal delivery on (date):
‘SUM-130 [Rev. January 1, 2024] SUMMONS—EVICTION Page 2 of 2
(Unlawful Detainer/ Forcible Detainer/ Forcible Entry)
DocuSign Envelope ID: 41AD88A0-70D2-4C0A-8EBB-FE24ACBB6COB
- FILE OY FAK-
SSL LAW FIRM LLP
Robert B. Martin III (Bar No. 235489) IkSuperior Court of California
Stephanie A. Foster (Bar No. 278652) County of San Francisco
505 Montgomery Street, Suite 620
San Francisco, CA 94111 APR 28 2024
Telephone: (415) 814-6400
Facsimile: (415) 814-6401
E-mail: rob@ssllawfirm.com
foster@ssllawfirm.com JAMES FORONDA
Attorneys for Plaintiff
PUBLIC POLICY INSTITUTE OF CALIFORNIA, A ALIFOR NIA Aou-PROFIT PUBLIC GEERT Cotoetnar]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN FRANCISCO
11
12 PUBLIC POLICY INSTITUTE OF
CALIFORNIA, a California non-profit public
Case No SUD- 24-674858
13 benefit corporation, Unlimited Civil Jurisdiction
Amount exceeds $35,000
14 Plaintiff,
15 VERIFIED COMPLAINT FOR
Vv.
16 UNLAWFUL DETAINER
YASREBI LAW, a California professional
17 corporation; and DOES 1-10, inclusive.
18 Defendants
19
20
21
22
23
24
25
26
27
28
{4281-00003/01354613;}
VERIFIED COMPLAINT FOR UNLAWFUL DETAINER
DocuSign Envelope 1D: 41AD88A0-70D2-4C0A-8EBB-FE24ACBB6COB
Plaintiff PUBLIC POLICY INSTITUTE OF CALIFORNIA, a California non-profit public
benefit corporation (hereinafter “Plaintiff” or “PPIC”), hereby alleges the following:
1 Plaintiff is a California non-profit public benefit corporation in good standing, is
registered with the State of California, and is authorized to conduct business and is conducting
business in the State of California.
2 Plaintiff is the owner and landlord of certain improved commercial real property
located at 500 Washington Street, Suite 100, San Francisco, California 94111 (the “Premises”), as
more particularly described in the Lease (defined below).
3 At all relevant times, Defendant YASREBI LAW, a California professional
10 corporation (hereinafter “Defendant” or “Tenant”), was and is the commercial tenant of the
11 Premises.
12 4 Plaintiff and Defendant entered into a written lease for the Premises in the form of
13 that certain Lease dated November 2, 2022 (the “Lease”). A true and correct copy of the Lease is
14 attached hereto as Exhibit A and is incorporated by reference as though fully set forth herein.
15 5 The true names of defendant DOES 1 through 10, inclusive, are unknown to
16 Plaintiff, who therefore sues said defendants by such fictitious names pursuant to California Code
17 of Civil Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of the
18 defendants designated as a Doe is liable to Plaintiff in some manner under the Lease, or is a
19 subtenant, assignee, occupier, parent, partner, or affiliate, and is in possession of the Premises.
20 Plaintiff will seek leave of the court to amend this complaint when the true names and capacities
21 have been ascertained.
22 6 Prior to the filing of this complaint, Defendant went into possession of the Premises,
23 and continues to possess and refuses to surrender same.
24 7 On or before January 24, 2024, Tenant owed Plaintiff past due Rent (as defined in
25 the Lease) for the Premises in the amount not less than $122,999.13 (“Estimated Amount”). The
26 Estimated Amount includes amounts owed for Base Monthly Rent and Additional Rent owed by
27 Tenant to Landlord under the Lease.
28
{4281-00003/01354613;} 1
VERIFIED COMPLAINT FOR UNLAWFUL DETAINER,
DocuSign Envelope ID: 41AD88A0-70D2-4C0A-8EBB-FE24ACBB6COB
8 On January 24, 2024, Plaintiff duly served Defendant and all other occupants of the
Premises with a Three-Day Notice to Pay Rent or Quit pursuant to Code of Civil Procedure §§
1161(2) & 1161.1 (“Pay or Quit Notice”) for unpaid Rent in the reasonably Estimated Amount of
$122,999.13. A true and correct copy of the Pay or Quit Notice with Proofs of Service are attached
hereto as Exhibit B and incorporated herein by reference. All material matters set forth in the Pay
or Quit Notice and Proofs of Service are true.
9. The Pay or Quit Notice provided Defendant with notice of default and stated that
Defendant had three (3) days, excluding holidays and weekends, within which to cure the default
by making payment of the Rent due under the Lease in the Estimated Amount or to quit the
10 Premises. The three (3) business day cure period set forth in the Pay or Quit Notice has expired.
11 10. On February 22, 2024, Defendant delivered a check to Plaintiff in the amount of
12 $17,846.24. Plaintiff deposited that check to its bank pursuant to language in the Pay or Quit
13 Notice stating: “Acceptance of any partial payment of Rent shall not constitute a waiver of any
14 rights of the Landlord, including any rights to recover possession of the Premises.” The Lease also
15 contains comparable language. The check, however, was returned by the bank because it was not
16 backed by sufficient funds. Plaintiff requested Defendant provide a valid replacement check, but
17 Defendant refused.
18 11. Defendant also delivered another check to Plaintiff on February 29, 2024 for
19 $17,846.24. Plaintiff deposited that check to its bank pursuant to language in the Pay or Quit
20 Notice stating: “Acceptance of any partial payment of Rent shall not constitute a waiver of any
21 rights of the Landlord, including any rights to recover possession of the Premises.” The Lease also
22 contains comparable language. Plaintiff's deposit of Defendant’s February 29, 2024 cleared.
23 12. Aside from the $17,846.24 payment made on February 29, 2024, Defendant has not
24 paid any of the Estimated Amount demanded pursuant to the Pay or Quit Notice within the cure
25 period, and to date, has not vacated or delivered possession of the Premises to Plaintiff, and has
26 been unlawfully detaining the Premises within the meaning of California Code of Civil
27 Procedure §1161.1.
28
{4281-00003/01354613;} 2
VERIFIED COMPLAINT FOR UNLAWFUL DETAINER
DocuSign Envelope ID: 41AD88A0-7002-4C0A-8EBB-FE24ACBB6COB
13. The Pay or Quit Notice contains an election by Plaintiff to terminate and otherwise
declare the forfeiture of Defendant’s right to possession under the terms of the Lease pursuant to
which Defendant holds possession of the Premises, which election to terminate and declare
forfeiture of Defendant’s right to possession under the terms of the Lease is hereby formally
alleged and sought by Plaintiff in this proceeding.
14, Plaintiff has performed all conditions of the Lease.
15. As a result of Defendant’s failure to cure or pay any amount of its default, or to
vacate and deliver up possession of the Premises, Plaintiff has sustained and will continue to
sustain damages in the amount of the reasonable rental value of the Premises, to wit, of not less
10 than $486.24 per day from January 24, 2024, for as long as Defendant remains in possession of the
i Premises up to and including entry of judgment.
12 16. The Lease provides that in the event any party to the Lease is compelled to
13 commence or sustain an action at law to enforce the Lease or to recover possession of the Premises,
14 the prevailing party shall recover attorney’s fees and costs.
15 17. Plaintiff's action is not prohibited by any local ordinance or state law.
16 PRAYER
17 WHEREFORE, Plaintiff prays for judgment against Defendant and/or DOES 1-10 as
18 follows:
19 For restitution and possession of the Premises;
20 For issuance of a judgment of possession and writ of possession.
21 For forfeiture of the Lease;
22 For past Rent due from Defendant in the amount of not less than $105,152.89.
23 For damages in the amount of not less than $486.24 for each day that Defendant
24 continue to possess the Premises from January 24, 2024 up to the date of entry of
25 judgment;
26 For interest and late fees;
27 For reasonable attorneys’ fees;
28 For costs; and
{4281-00003/01354613;} 3
VERIFIED COMPLAINT FOR UNLAWFUL DETAINER
DocuSign Envelope ID: 41AD88A0-70D2-4C0A-8EBB-FE24ACBB6COB
9. For such other and further relief as the Court deems just and proper.
Dated: April 22, 2024 SSL LAW FIRM LLP
Fi ae
tile, LEE— fe
Robert B. Martif
Ti
Attorneys for Plaintiff
PUBLIC POLICY INSTITUTE OF CALIFORNIA,
A Caurtomia Now-PROFT PUBLIC BEVEFIT CoRPoeATION
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
44281-00003/01354613;} 4
VERIFIED COMPLAINT FOR UNLAWFUL DETAINER,
DocuSign Envelope ID: 41AD88A0-70D2-4COA-8EBB-FE24ACBB6COB
VERIFICATION
I, Erika Black, declare
Iam an Associate Real Estate Manager for CBRE Group, Inc., and am an authorized agent
for Plaintiff Public Policy Institute of California, a California non-profit public benefit corporation
(“Plaintiff”), to execute this Verification for purposes of this action. In this role, I have personal
knowledge of matters alleged in the foregoing Verified Complaint for Unlawful Detainer, and I am
authorized to make this verification on behalf of Plaintiff for that reason.
Ihave read the foregoing Verified Complaint for Unlawful Detainer, and I verify that the
allegations set forth therein are true, except as to those allegations made on information and belief,
10 and as to those, I believe them to be true
il I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct. Executed this 19 day of April, 2024, in San Francisco California.
DocuSigned by:
13
Erika lack
-AS8FASES4ABDASC.
14
Erika Black
15
16
17
18
19
20
21
22
23
24
25
26
27
28
{4281-00003/01354613;}
VERIFICATION TO THE VERIFIED COMPLAINT FOR, ONCAWFOL DETAINER
EXHIBIT A
DocuSign Envelope ID: 5ASF297A-3EA4-4428-8433-B2A6A236E309
500 WASHINGTON STREET
LEASE
(Triple Net)
BY AND BETWEEN
PUBLIC POLICY INSTITUTE OF CALIFORNIA,
A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION
AS LANDLORD
AND
YASREBI LAW, A PROFESSIONAL CORPORATION,
A CALIFORNIA PROFESSIONAL CORPORATION
AS TENANT
500 WASHINGTON STREET, SUITE 100
SAN FRANCISCO, CALIFORNIA
DocuSign Envelope ID: SA5F297A-3EA4-4428-8433-B2A6A236E309
LEASE
SUMMARY OF LEASE TERMS
500 Washington Street
San Francisco, California
Date: November 2_, 2022
Landlord: PUBLIC POLICY INSTITUTE OF CALIFORNIA,
a California non-profit public benefit corporation
Tenant: YASREBI LAW, A PROFESSIONAL
CORPORATION, a California professional
corporation
Tenant Contact Person: Arash Yasrebi, CEO, CFO, Secretary
Floor(s) on which Premises
situated: Ground Floor
[Section 1(1)]
Rentable area of Premises: 3, 324 square feet: 2,354 square feet on the ground
[Section 1(1)] floor, 970 square feet on the mezzanine level
L
Tenant's Percentage Share: 3.6% (calculated based on 92,243 rentable square
[Section 1(1)] feet in the Building)
Lease Term: The term of this Lease shall be for approximately five
[Section 2] (5) years, subject to extension under Section 32
Commencement Date: Delivery of the Premises with the Landlord’s Work
(defined in Section 2(b)) completed.
Target Commencement Date November —_, 2022
Expiration Date: The last day of the calendar month in which the fifth
(5) year anniversary of the Commencement Date
occurs; provided, however, that if the Commencement
Date is deemed to have occurred on the first day of a
calendar month, the Expiration Date will be the last
day of the calendar month immediately preceding the
fifth (5) year anniversary of the Commencement
Date
DocuSign Envelope ID: SASF297A-3EA4-4428-8433-B2A6A236E309
H Base Monthly Rent:
[Section 3(a)]
Base Annual Base Annual Base Monthly
Period Rent/Sa. Ft. Rent Rent
Lease Year 1 $ 25.27 $ 84,000.00 $ 7,000.00
Lease Year 2 $ 26.03 $ 86,520.00 $ 7,210.00
Lease year 3 $ 26.81 $ 89,115.60 $ 7,426.30
Lease Year 4 $ 27.61 $ 91,789.07 $ 7,649.09
Lease Year 5 $ 28.44 $ 94,542.74 $ 7,878.56
The Base Monthly Rent payable during the first Lease Year is subject to a rent credit, as set forth
in Section 3 below.
Landlord's address for notices: Public Policy Institute of California
500 Washington Street, Suite 600
[Section 31] San Francisco, California 94111
Attention: CFO
With a copy by email to:
Conservation Partners LLP
admin@conservationpartners.com
Tenant's address for notices: Prior to Commencement Date:
[Section 31]
1999 Harrison St., 18" Floor
Oakland, CA 94612
Attention: Arash Yasrebi
After Commencement Date:
500 Washington Street, Suite 100
San Francisco, California 94111
Attention: Arash Yasrebi
Security Deposit: $28,000, subject to reduction as provided in Section 4
[Section 4]
Landlord’s Broker(s) Maven Retail
[Section 33(0)]
Tenant's Broker(s): Sarah Brett Schwartz
[Section 33(0)]
DocuSign Envelope ID: SASF297A-3EA4-4428-8433-B2A6A236E309
Exhibits and addenda: Exhibit A—Floor Plan
[Section 33(u)] Exhibit B—Intentionally Omitted
Exhibit C—Building Rules and Regulations
Exhibit D—Commencement Date Memorandum
Exhibit E—Disability Access Obligations Notice
Exhibit F—Access Information Notice
The provisions of the Lease identified above in brackets are those provisions where
references to particular Lease Terms appear. Each such reference shall incorporate the
applicable Lease Terms. In the event of any conflict between the Summary of Lease Terms and
the Lease, the latter shall control.
LANDLORD:
PUBLIC POLICY INSTITUTE OF CALIFORNIA,
a California non-profit public benefit corporation
:
Digitally signed by Cynthia Scherer
Cynthia Scherer: Date: 2022.11.02 16:32:29 -07'00"
Name: Cynthia Scherer
Title: CFO and VP of Finance & Administration
TENANT:
YASREBI LAW, A PROFESSIONAL CORPORATION,
a California professional corporation
DocuSigned by:
: frost. Yasrebi
sy:
Name: Arash Yasrebi
Title: CEO
It
DocuSign Envelope ID: 5AS5F297A-3EA4-4428-8433-B2A6A236E309
TABLE OF CONTENTS
Page
DEFINITIONS
TERM
RENT
SECURITY DEPOSIT
TENANT’S SHARE OF OPERATING EXPENSES AND REAL PROPERTY
TAXES
OTHER TAXES PAYABLE BY TENANT
USE
COMPLIANCE WITH LAWS.
ENVIRONMENTAL MATTERS 1
10 SERVICES 12
11 SECURITY SERVICES AND ACCESS CONTROL. 14
12 MAINTENANCE AND REPAIR, 14
13 ALTERATIONS 15
14, LIENS. 17
15. ASSIGNMENT AND SUBLETTING 17
16. INSURANCE 21
17, WAIVER; INDEMNIFICATION.. 23
18, DAMAGE BY FIRE OR OTHER CASUALTY 24
19. EMINENT DOMAIN 25
20. ENTRY BY LANDLORD 26
21 SURRENDER OF PREMISES 27
22. HOLDING OVER 27
23. ESTOPPEL CERTIFICATE... 28
24 PROTECTION OF LENDERS AND GROUND LESSORS. 28
ili
DocuSign Envelope ID: 5ASF297A-3EA4-4428-8433-B2A6A236E309
25. DEFAULT AND REMEDIES 30
26 RIGHT OF LANDLORD TO PERFORM 33
27 DEFAULT BY LANDLORD 33
28 COMMUNICATIONS AND COMPUTER LINES 33
29 QUIET ENJOYMENT 34
30. LIMITATION OF LANDLORD'S LIABILITY; SALE BY LANDLORD 34
31 NOTICES 35
32. OPTION TO EXTEND 35
33. MISCELLANEOUS 38
EXHIBIT A FLOOR PLAN
EXHIBIT B Intentionally Omitted
EXHIBIT C BUILDING RULES AND REGULATIONS
EXHIBIT D COMMENCEMENT DATE MEMORANDUM
EXHIBIT E DISABILITY ACCESS OBLIGATIONS NOTICE
EXHIBIT F ACCESS INFORMATION NOTICE
IV
DocuSign Envelope ID: SASF297A-3EA4-4428-8433-B2A6A236E309
500 WASHINGTON STREET
SAN FRANCISCO, CALIFORNIA
LEASE
THIS LEASE, dated for reference purposes only as of November W2/, 3858, is Bp ond Por
between PUBLIC POLICY INSTITUTE OF CALIFORNIA, a California non-profit public benefit
corporation (“Landlord”), and YASREBI LAW, A PROFESSIONAL CORPORATION, a
California professional corporation (“Tenant’).
WITNESSETH:
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the
Premises described in Section 1(I) below, for the term and subject to the terms, covenants,
agreements and conditions set forth in this Lease.
1 DEFINITIONS. In addition to terms that are defined elsewhere in this Lease,
unless the context otherwise specifies or requires, the following terms shall have the meanings
herein specified:
(a) The term “ADA” means Title Il! of the Americans With Disabilities Act of
1990, as amended, and all regulations and guidelines promulgated thereunder.
(b) The term “Additional Rent” means all sums other than Base Monthly
Rent that Tenant is required to pay Landlord under this Lease.
(c) The term “Applicable Laws” means all laws, statutes, ordinances,
orders, judgments, decrees, regulations, permits, and requirements of all courts and
governmental authorities now or hereafter in effect and applicable to the Real Property,
including, but not limited to, the ADA.
(d) The term “Building” means the office building located at 500 Washington
Street in San Francisco, California.
(e) The
term “Building Standard Improvements” means those
improvements installed in the Premises which Landlord, in its sole discretion, determines from
time to time to be standard improvements.
(f) The term “Common Areas” means all areas of the Building made
available by Landlord from time to time for the general common use or benefit of the tenants of
the Building, and their employees and invitees, or the public, including, but not limited to,
common entrances, lobbies, restrooms, elevators, stairways and access ways, loading docks,
ramps, drives and platforms and any passageways and service ways thereto, and the common
pipes, conduits, wires and appurtenant equipment serving the Premises. Landlord specifically
reserves the right to change the size, configuration, design, layout and all other aspects of the
Common Areas at any time, and Tenant acknowledges and agrees that Landlord may, without
incurring any liability to Tenant and without any abatement of Rent under this Lease, from time
to time, close-off or restrict access to the Common Areas for purposes of permitting or
facilitating any construction, alteration, repairs or improvements, provided that Tenant's access
to the Building, or any other express right of Tenant under this Lease, shall not be materially
impaired.
DocuSign Envelope ID: 5A5F297A-3EA4-4428-8433-B2A6A236E309
(9) As used in this Lease, “Environmental Laws” means all Applicable Laws
now or hereafter in force, as amended from time to time, in any way relating to or regulating
human health or safety, or industrial hygiene or environmental conditions, or protection of the
environment, or pollution or contamination of the air, soil, surface water or groundwater.
(h) As used in this Lease, “Hazardous Substance” means any substance or
material that is described as a toxic, hazardous, corrosive, ignitable, flammable or reactive
substance, waste or material or a pollutant or contaminant, or words of similar import, in any of
the Environmental Laws, and includes asbestos, petroleum, petroleum products, polychlorinated
biphenyls, radon gas, radioactive matter, and chemicals which may cause cancer or
reproductive toxicity.
(i) The term “Land” means the parcel(s) of land on which the Building is
located.
() The term “Lease Year” means each consecutive twelve (12) month
period during the Lease Term, commencing on the Commencement Date, except that if the
Commencement Date is not the first day of a calendar month, then the first Lease Year shall be
the period from the Commencement Date through the final day of the calendar month during
which the first anniversary of the Commencement Date occurs, and subsequent Lease Years
are each succeeding twelve (12) month period during the Lease Term following the first Lease
Year.
(k) (i) The term “Operating Expenses” means the total costs
and expenses incurred by Landlord in connection with the ownership, management, insurance
(including the related deductibles), operation, maintenance and repair of the Real Property (as
defined in Section 1(m) hereof) and Common Areas (as defined in Section 1(f) hereof), and of
the personal property, fixtures, machinery, equipment, systems and apparatus used in
connection therewith, including, but not limited to, the cost of providing those services required
to be furnished by Landlord under this Lease, and a management fee equal to three percent
(3%) of the gross rents received from the Building. Operating Expenses also include the costs of
any capital improvements made that are intended to reduce Operating Expenses or improve
safety, and those made to keep the Building in compliance with all Applicable Laws applicable
from time to time or to replace existing capital improvements, facilities and equipment within the
Building, such as the roof membrane and resurfacing of the parking areas (collectively,
“Included Capital Items”); provided, however, that the costs of any Included Capital Item will
be amortized by Landlord over the estimated useful life of such item as reasonably determined
by Landlord and such amortized costs are only included in Operating Expenses for that portion
of the useful life of the Included Capital Item that falls within the Lease Term, unless the cost of
the Included Capital Item is less than Ten Thousand Dollars ($10,000) in which case it will be
expensed in the year in which it was incurred. Operating Expenses do not include: (A) costs of
installing leasehold improvements for tenants or occupants or prospective tenants or occupants
of the Building; (B) costs of capital improvements other than Included Capital Items; (C) interest
and principal payments on mortgages or any other debt costs (except as provided above with
regard to Included Capital Items); (D) real estate brokers’ leasing commissions; (E) legal fees,
space planner fees and advertising expenses incurred with regard to leasing the Building or
portions thereof; (F) any cost or expenditure for which Landlord is reimbursed by insurance
proceeds or otherwise, except by Operating Expense payments; (G) the cost of any service
furnished to any tenant of the Building that Landlord does not make available to Tenant;
(H) depreciation (except on any Included Capital Items); (|) franchise or income taxes imposed
upon Landlord, except to the extent imposed in lieu of all or any part of Real Property Taxes;
DocuSign Envelope ID: SASF297A-3EA4-4428-8433-B2A6A236E309
(J) legal and auditing fees incurred for the benefit of Landlord such as collecting delinquent
rents, preparing tax returns and other financial statements, and audits other than those incurred
in connection with the preparation of reports required pursuant to Section5 below; (K) the
wages of any employee for services to the extent unrelated to the management, maintenance,
operation and repair of the Building; (L) fines, penalties and interest incurred by Landlord for late
payment by Landlord or violations of law; and (M) the cost of capital expenditures to correct
violations of Applicable Laws existing before the date of this Lease (based upon the current
interpretation of such Applicable Laws by applicable governmental authorities as of the date of
this Lease).
(ii) To the extent costs and expenses described above relate
to both the Real Property and other property or relate to the Common Areas, such costs and
expenses shall, in determining the amount of Operating Expenses, be allocated as Landlord
may determine to be appropriate.
() The term “Premises” means the space in the Building as shown on the
floor plan(s) attached to this Lease as Exhibit A and located on the floor(s) of the Building
specified in Section D of the Summary of Lease Terms, together with the appurtenant right to
use, in-‘common with others, the Common Areas and the restrooms located on the second floor
of the Building. Landlord and Tenant agree that the Premises are the number of square feet of
rentable area specified in Section E of the Summary of Lease Terms. All the outside walls and
windows of the Premises and any space in the Premises used for shafts, stacks, pipes,
conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof
and access thereto through the Premises for the purposes of operation, maintenance,
improvements and repairs, are reserved to Landlord.
(m) The term “Real Property” means, collectively, the Land, the Building, and
the utilities, facilities, drives, walkways, parking facilities and other amenities appurtenant to or
servicing the Building.
(n) The term “Real Property Taxes” means any and all taxes, assessments
and charges of any kind, general or special, ordinary or extraordinary, levied against the
Building, that Landlord shall pay or become obligated to