Preview
MARC G. HYNES, ESQ., SBN 49048
ARMENTO AND HYNES, LLP
563 SOUTH MURPHY AVENUE
SUNNYVALE, CA 94086
Tel.:(650) 967-6941
FAX; (408) 743-5160
hynes.marc@gmail.com
Attorneys for Defendant/Cross-Complainant JOHN C. AKKAYA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
AMERICAN AND ASIAN UNITE No. 21-CIV-02800
ASSOCIATION CORP.,
10 Plaintiff DECLARATION OF MARC
HYNES IN REPLY TO
11 OPPOSITION TO MOTION
FOR SUMMARY ADJUDICATION
12
OF ISSUES
13
14 Vv.
15 JOHN C. AKKAYA; et al
16
17 Defendants.
18
19
JOHN C. AKKAYA,
20
21 Vv.
22
AMERICAN AND ASIAN UNITE
23 ASSOCIATION CORP., LOUIS LAM
DAVID CHAN; et al
24
Cross-Defendants.
25_
26
27
28
American and Asian v. Akkaya Declaration of Marc Hynes in Reply 21-ClV-02800
1. I, Mare G. Hynes am an attorney authorized to appear before all of the courts of the
State of California and am counsel for Defendant and Cross — Complainant John C.
Akkaya in this action.
2. I prepared a motion for summary adjudication of issues in this action currently
set for hearing on May 2, 2024. I sent the motion along with supporting
papers, including the Declaration of Orhan Tolu to my filing service for electronic
filing with the court on February 1, 2024. The motion with all supporting papers was
served on Counsel for Plaintiff and Cross Defendants on February 1, 2024.
3. I inadvertently included an unsigned version of the Orhan Tolu Declaration instead
10 of the executed version I had in my file when I transmitted the motion and supporting
11 papers to my filing service for filing with the court.
12 4. When advised by Counsel for plaintiff American And Asian Unite Association
13 Corp. that the Orhan Tolu Declaration was unsigned I presented an application, ex
14 parte, to this Court on April 5, 2024 to accept filing of the executed declaration of
15 5. A copy of the executed declaration of Orhan Tolu in support of motion for
16 summary adjudication is marked Exhibit A attached.
17 6. The matters set out in the signed Declaration are identical to the unsigned version
18 served on counsel for Plaintiff, Cross Defendant and responding party in the pending
19 motion for summary adjudication.
20 7. Counsel for Plaintiff objected to the application. The court denied the application.
21 8. The declaration is again submitted along with Defendant’s Reply to opposition to
22
Defendant's motion for summary adjudication as explained in the reply.
23 I declare under penalty of perjury under the laws of the State of California that the
24
foregoing is true and correct.
25
Date: Y W/ 2H.
I
26 ugpe
27
2
28
American and Asian v. Akkaya Declaration of Mare Hynes 21-CIV-02800
QD
AABIT
Lo. A
——— ~
MARC G. HYNES, ESQ., SBN 49048 2)
ARMENTO AND HYNES, LLP
563 SOUTH MURPHY AVENUE uu
SUNNYVALE, CA 94086
Tel.:(650) 967-6941
FAX; (408) 743-5160
hynes.mare@gmail.com
Attorneys for Defendant/Cross-Complainant JOHN C. AKKAYA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
11 AMERICAN AND ASIAN UNITE No. 21-CIV-02800
ASSOCIATION CORP.,
12
Plaintiff DECLARATION OF ORHAN
13
TOLU IN SUPPORT OF MOTION
14 Vv, FOR SUMMARY ADJUDICATION
15 JOHN C. AKKAYA,; et al Date:
Time:
16 Department
Defendants.
17
Complaint Filed: May 17, 2021
18 First Amended
JOHN C. AKKAYA, Complaint Filed: October 1, 2021
19
Cross-Complaint Filed: Nov. 19, 2021
20 Cross-Complainant
21
V.
22
AMERICAN AND ASIAN UNITE
23. ASSOCIATION CORP., LOUIS LAM.
DAVID CHAN; et al
24
25
Cross-Defendants.
26
27
28
American Asian Unite v. Akkaya Decaration of Orhan Tolu Case No: 21-ClV-02800
I, Orhan Tolu make the following declaration in support of
Defendant’s Motion for Summary Adjudication.
1.[ am a Real Estate Broker and licensed agent with Century 21
Real Estate Alliance, Inc. I have over 30 years of experience in the
field of Commercial Real Estate. I established the Century 21
office in Northern California. I have served as President and Chief
Executive Officer for Century 21 Real Estate Alliance for over 20
years.
2. My business includes property management, sales and leasing of
10
commercial property, and preparation of documents in connection
it
with this work.
12
3.I represented Defendant John Akkaya in connection with leasing
13
of a portion of real property located at 304 Grand Avenue in the
14
city of South San Francisco on or about February 2018.
15
4. In February 2018 I was approached by an individual named
16
Albert S. Tam who was associated with Landmark Realty. Mr.
17
Tam expressed an interest on behalf of clients he represented to
18
rent the property. We negotiated a lease for three years with rent
19 beginning at $7000 a month for year one, $7500 per month for
20 year two, and $8000 per month for year three. The tenant was to
21 pay all costs for taxes maintenance and insurance in addition to the
22 standard rent. I informed Mr. Tam that I would draw up the lease.
23 5-On-February-19; 2018-1-received-an-email- from Mr-Tam-who
24 informed me that the name of the tenant was “American Asian
25 United Business Association.” A true and correct copy of the
26 email that informed me of this fact is marked Exhibit A attached
27 z
28
American and Asian v. Akkaya Declaration of Orhan Totu Case No. 21-CIV-02800
and incorporated by this reference. [ prepared the lease based on
this information. I maintain this document as a record in the
conduct of my business.
6. I presented the lease to Mr. Akkaya who signed it. Thereafter, I
transmitted the lease to Mr. Tam for review and signature. The
lease was returned to me with no revisions or corrections and
showing an execution by the CEO of American Asian United
Business Association. This name was immediately below the
10
tenant’s signature on page 6 of the lease. A true and correct copy
11
of the lease is attached marked Exhibit B and incorporated by this
12
reference. J retain this document as a record in the conduct of my
13
business.
14
15
16
I declare under penalty of perjury under the laws of the state of
17
California that the foregoing is true and correct and that if called as
18
a witness I could testify to each of the facts set out in this
19 declaration. This declaration is executed in Bu fhe
20 County of San Mateo, on the date set forth below
21
~
22
23 Dated: | Ww
24 Orhan Tolu
25
26
27
28
American and Asian v. Akkaya Declaration of Orhan Tolu Case No. 21-CIV-02800
EXHIBIT “A”
M1 Gmail Marc Hynes
Fwd: Re: Rental Space for 304 Grand Av. South San Francisco
3 messages
Orhan Tolu
Mon, Jan 13, 2020 at 4:36 PM
Reply-To: orhantoluC21@gmail.com
To: Marc Hynes
Marc,
Clearly you can see .Name is given by their Agent and employee.
Orhan Tolu MBA
Century 21 Real Estate Alliance Inc. President/CEO
Century Mortgage Network Inc.President/CEO(C21 Funding INC)
plexinvestors Inc.President/CEO
Countrywide Property Management Inc/CEO
650-218-9988
Orhan@century21.com
i
—
Cal BRE Licence# 00831544,01403457
NMLS Licence# 349921 ,349992
www.c21realestate.com
CENTURY21, Real Estate Alliance » HERCULES
1500 Sycamore Avenue, Suite A-1
Hercules, CA 94547
Cell (650)218-9988
CENTURY
21, Real Estate Alliance * SAN FRANCISCO
1569 Sloat Bivd. Suite #300
San Francisco, CA 94132
T (415) 213-1600
CENTURY21, Rea lEstate Alliance » SAN CARLOS
1216 El Camino Reai
San Carlos, CA 94070
T (650) 558 5200
CENTURY21, Real Estate Alliance * MILLBRAE
200 Broadway
Millbrae, CA 94030
T (650) 689-5888
CENTURY 21 Real Estate Alliance. NORTH SAN JOSE
2050 Concourse Dr #98
San Jose ,CA 35
CENTURY 21 Real Estate Alliance SOUTH SAN JOSE
5978 Silver Creek Valley Road #50
San Jose,CA 95121
1of3
1/13/2020, 3:11 PM
T.408.6291900
CENTURY 21 Real Estate Alliance.Oakland
5741 Telegraph Ave,
Oakland ,CA 94609
510.799.2121
CENTURY 21 Real Estate Alliance CAMPBELL
1630 W Campbell Ave,
CAMPBELL, CA 95008
408-369-2000
https://drive google comifiie/d/ Isq9RG-bKQDI2gOJ5yr_jKW82pkm9Jqb7Wview?usp=drive_web
Confidential: This electronic message and all contents contain information from Century 21 Real Estate
Alliance, which may be privileged, confidential or otherwise protected from disclosure, The information is
intended to be for the addressee(s) only. !f you are not an addressee, any disclosure, copy, distribution or use
of the contents of this message is prohibited. If you have received this electronic message in error, please notify
the sender by reply e-mail and destroy the original message and all copies. Thank you.
Alert: For your protection, we remind you that this is an unsecured email service that is not intended for sending
confidential or sensitive information. Please do not include your social security number, account number, or any
other personal or financial information in the content of the email.
_
--———~ Forwarded message —-———
From: landmarkrealty
Date: Mon, Feb 19, 2018 at 6:53 PM
Subject: Re: Re: Rental Space for 304 Grand Av. South San Francisco
To: Orhan Tolu
Cc: John (Cihan) Akkaya , Lallie Valencia-Garcia
The name is American Asian United Business Association. Starting date is April 1, 2018 as we need 30 days
to inform current landlord to move. Two months free rent and option to renew for another 3 years with
agreeable terms
President, Mr. Louis Lam will sign the lease. Please prepard agreement adap as he is leaving down on
Wednesday
Sent from my T-Mobile 4G LTE Device
--——-- Original message ————
From: Orhan Tolu
Date: 2/16/18-11:17-PM (GMT-08:00)
To: Landmark Realty
Ce: "John (Cihan) Akkaya" , Lallie Valencia-Garcia
Subject: Re: Re: Rental Space for 304 Grand Av. South San Francisco
Fine , let me know .
On Fri, Feb 16, 2018 at 22:57 Landmark Realty wrote:
Twill work on it, 3 years with 3 year option. | am requesting my office commission is 2.5% for the 1st 3
years. No commission if tenant excise their option for the 2nd term.
2 of 5
4/13/2020. 5:LL PM
Regards,
Albert S. Tam, Ba
Real Estate Broker, Realtors
License Number 00807732
Landmark Realty, Residential and Commercial
Serving Greater San Francisco Bay Area since 1989
On Fri, Feb 16, 2018 at 8:59 PM, Orhan Tolu wrote:
ASounds good, let's do it.fter discussing with John . His final number is .
$7,500 year 1
$7,750 year 2
$8,000 year 3
RRR. All the years .
On Fri, Feb 16, 2018 at 00:11 Landmark Realty wrote:
How about $7000, $7500 & $8000
Albert
Regards,
Albert S. Tam, MBA
Real Estate Broker, Realtors
License Number 00807732
Landmark Realty, Residential and Commercial
Serving Greater San Francisco Bay Area since 1989
On Tue, Feb 13, 2018 at 4:35 PM, Orhan Tolu wrote:
Albert,
After discussing with John ,His terms will be.
year 1. will be $7,500 per month + RRR.
Year 2 will be $8,000 per month +RRR
Year 3 will be $8,000 per month +RRR
IF THESE TERMS ARE ACCEPTABLE. by your Company..|-will-draw: up the lease
Sincerely
Orhan Tolu MBA
Century 21 Real Estate Alliance Inc. President/CEO
—a Century Mortgage Network tnc.Presiden’CEO(C21 Funding INC)
plexinvestors Inc.President/CEO
Countrywide Property Management Inc/CEO
650-218-9988
3 of 5
1/13/2020. 5:11 PM.
Orhan@century21.com
HBR: $i: HALE: cid-image058.png@01CD0787.B6B3D2B0
Cal BRE Licence# 00831544,01403457
NMLS Licence# 349921 349992
www.c21realestate.com
CENTURY
21, Real Estate Alliance » HERCULES
1500 Sycamore Avenue, Suite A-1
ft
Cell (6: 5 50)218-998:
CENTURY21, Real Estate Alliance » SAN FRANCISCO
1569 Sloat Blvd. Suite #300
San Francisco, CA 94132
T (415) 213-1600
CENTURY21, Rea lEstate Alliance » SAN CARLOS
1216 El Camino Real
San Carlos, CA 94070
T (650) 558 5200
CENTURY
21, Real Estate Alliance » MILLBRAE
200 Broadway
Millbrae, CA 94030
T (650) 689-5088 ns an
CENTURY 21 Real Estate Alliance. NORTH SAN JOSE
2050 Concourse Dr #98
San Jose CA 9514
CENTURY 21 Real Estate Alliance SOUTH SAN JOSE
3111 McLaughlin Ave,
San Jose, CA 95121
T.408.224 7100
CENTURY 21 Real Estate Alliance.Oakland
$741 Telegraph Ave,
OAKLAND ,CA 94609
510 799 2121
https:/Awww youtube. com/watch?v=PQGxkP3Xckc&authuser=0
https://www youtube.com/watch?v=|KObauKY mud.
https:/Avww.youtube.com/watch?v=u3hrQeE 3DEA&list=PL c4tA-Zeqi9aBub2NNkqSRGXSiWce-DzMO
|
Confidential: This electronic message and all contents contain information from Century 21 Real
Estate Alliance; which may be privileged, confidential or otherwise protected from disclosure. The
information is intended to be for the addressee(s) only. If you are not an addressee, any disclosure,
copy, distribution or use of the contents of this message is prohibited. If you have received this
electronic message in error, please notify the sender by reply e-mail and destroy the original message
and all copies. Thank you.
Alert: For your protection, we remind you that this is an unsecured email service that is not intended
for sending confidential or sensitive information. Please do not include your social security number,
account number, or any other personal or financial information in the content of the email.
On Tue, Feb 13, 2018 at 10:16 AM, Landmark Realty wrote:
4of5 1/13/2020. 5:LL PM.
Can you talk to John, my client is willing to offer him $7,000.00 triple net for the upstairs office,
with
the sharing of the conference room on the 2nd floor.
Regards,
Albert S. Tam, Ba
Real Estate Broker, Realtors
License Number 00807732
Landmark Realty, Residential and Commercial
Serving Greater San Francisco Bay Area since 1989
On Tue, Feb 13, 2018 at 9:36 AM, Orhan Tolu wrote:
Yes , i am the listing agent ant! sol;d the property to John.
THAT SIGN WAS for the basement area.
Let me know their decision.
@ ~~ Virus-free. www.avast.com
Orhan Tolu MBA
Century 21 Real Estate Alliance Inc. President/CEO
Century Mortgage Network Inc.President(CEO(C21 Funding INC)
plexinvestors Inc.Presiden/CEO.
Countrywide Property Management Inc/CEO.
650-218-9988
Orhan@century21.com
$a: HAAR: HAE: cid:image058.png@01CD0787.B6B3D2B0
Cal BRE Licence# 00831544,01403457
NMLS Licence# 349921 349992
Wwww.c21realestate.com
CENTURY
21, Real Estate Alliance « HERCULES
Marc Hynes
Mon, Jan 13, 2020 at 4:51 PM
To: orhantoluC21@gmail.com
Thanks Orhan-I appreciate your help.
Marc
[Quoted text hidden]
Marc Hynes Mon, Jan13,-2020.at-4:54-PM.
To: Leonard Siegal
[Quoted text hidden}
Sof 5
/13/2020. 5:1 PM
EXHIBIT “B”
$
_—
CALIFORNIA
ASSOCIATION COMMERCIAL LEASE AGREEMENT
(C.A.R. Form CL, Ravised 12/15)
OF REALTORS®
Data (For reference only): February 20, 2018
20,2078
John C. Akkaya
American Asian Unit Business Associati "Landiora") and
1. PROPERTY: Landlord cents to Tenant and Tenant rents __ ("Tenant’) agree as follows:
San Francisco, CA 94080
from Landlord , the real property and improvements descril ibed as: 304 Grand Avo,
South
comprise approximately % of the total square footage of rentable ‘Space in the (‘Premises*), which
description of the Pramisas. entire property . See exhibit for a further
2 TERM: The term begins on (date) _
(Chack A or 8): March 1, 2018 __ ("Commencement Date"),
A. Lease: and shall terminate on (date)
‘erm of this agreement expires, with Landlord's consent
9, 2021 at CAM RPM. Any holding over after the
. shall
paragraph 28. Rent shail be at a rate equal (0 the rent for create a month-to-mon that aither party may terminate as specified in
tenancy th
Conditions of this agreement shall remain in full force the immediatal ly preceding month, payable in advance. All
other terms and
Oe. Month-to-month: and continues anc effect.
a8 a month-to-month tenancy.Either party may terminate the tena: Incyby giving written notice fo the
least 30 days prior to the intan \ded termination date, subject to an y applicable laws. Such notice may y be given otherat
oc RENEWAL OR EXTENSION TERMS: See attached addendum See item 40 (page on any date.
5 of Lease)
BASE RENT:
A. Tenant agrees to pay Base Rentat the rate of (CHECK ONE ONLY:)
(4 $ Per month, for the term of the agreement.
($s per month, for the first 12 months of the agreem rent. Camme
each 12 months thereafter, rent shall be adjust ncing with the 13th month, and upon expiration
‘ed according to any '8@ in the U.S. Consumer Price Index of the Bureau of
Statis of thetic
Departmsent of Labforor All U of Labor
(the city nearest the Incation of the Premise: irtban Consumers ("CPI") for
precasing 13), based on the following formula: Base Rent will be multiplied by the most
irst calendar month during which the adjustment is to take effect, and divided by y the most recent CPI preced
currant CPI
Commencement Date. In no event shall any adjusted Base ing the
adjustment, If the CPI is no | longer published, then Rent be less than the ase Rent for the month immediately ly preceding the
the adjustment to Sase Rent sh: lal be based on an alterna
Soot cP. te index that most closely
O03) er month for the period commencing May 4, 2018
$7,750.00 per month for the periad commencing and ending 19 and
$8, er month for the period commencing
1, 2019 and ending Far 2020 and
d (4) tnaccordance with the and ending
March 1, 2020 February 28, 2027
attached rent schedule,
(5) Othor:
B. Base Rent is payable in advance on the ist orl]
) day of each calendar month, | and is delinquent on the next day.
C. If the Commencement Date falls on any day other han the Wat day of the month, Base
‘on a 30-day pericd. If Tenant has paid one full month's Rent for the first calendar month shail be prorated
Base Rentin advance of Commencement Date, based
shall be prorated based on a 30-day period. Base Rent for the second calendar month
RENT:
A. Definition: (“Rent*) shail mean all monetary obligatians
of Tenant i to Landlord under the terms ofthis ay igreement,
B. Payment: Rent shall be paid to (Name) except security deposit.
mC. Akkaya
intait View, CA 94047 at (address)
lacation specified by Landlord in writing fo Tenant. + or at any other
C. Timing: Base Rent shalt be palc as specified in paragra
ph 3. All other Rent shall be paid within 30 days after
5. EARLY POSSESSION: Tenant is entitled to possession Tanant is billed by Landlord,
of the Premisas an Fe
if Tenant is in possession prior ta the Commencement Date, during thi
Mis not obi igated to pay Rent other than Base Rent. Whether is tme (i) Tenant is not obliga led lo pay Base Rent, and (il) Tonant
or not Tenant is obligated ta pay Re ‘ent prior [Jis
‘obligated to comply with ail other terms of this agraement. to Commencement Date, Tenant is
SECURITY DEPOSIT:
A. Tanant agrees to y Landlord $ 10,000.00 @ security deposit. Tenant agrees not to hold Broker
(IF CHECKED:) If Base Rent increases during the term of this agreeme responsible for its return,
nt, Tenant agrees to increase security deposit by the
as the increase in Base Rent. same proportion
8. All or any portion of the security deposit may be used, as reasonably necessary, (0: (I) cure Tenant's default in
non-sufficient funds. ("NSF") fees, or other sums due; (ii) repair damage, payment of Rent,
luding ordinary wear and tear, caused y
ate charges,
licensee of Tey il) broom the Prami necessary, upon of senané iv) ct
int or by a guestor
ENA OF LAST MONTH'S RENT. iF all or any portion of
‘security deposit is used durk Ing tenancy. Tenant agrees to reinstate the the
‘enant, Within 30 days after Landlord receives possession total security dey posit within 5 days after written notice
the Premises, Landlord shall (i) furnish Tenant an itemize is delivered lo
amount of any secur ity deposit received and the basis for its disposition, . and (ii) return any d statem ent indicating the
However, if the Landlord’ 's onl ly claim upon the security deposit remaining portion of security deposit to Tenant.
is for unpaid Rent, the ien the remaining portion of the
deduction of unpaid Rent, shall be returned within 14 days Secunty deposit, after
after the Landlord receives possession.
C. No interest: id on securily deposit, unless required by local ordinanc
e.
Landlord's Initials ( cal ) Tenants initials ( Ot
VOT REALTORS®, Inc.
CL REVISED 12/15 (P. AGE 1 of 6)
COMMERCIAL LEA, SE AGREEMENT (CL PAGE 1 OF
ee
Scar
Century 21 Reatry AMance, 1369 Sloat Riva, Sulte 300 San Prowclsco Ca 94132 6)
Orhan Totus Produced wilh pFormby ziploghe 14070 Fiteen Vila Roaa, Fraser, Michi iPhone. 650.358.5200 Fax: #S0.STI.S0SS 304 Grand we]
n 48026
SS ERR te aT CF CU NS (yA aUU
Premises: sug Grand Ave., sourn yan Francisco, UA Saudi
ate Feneuary zy, U7
7. PAYMENTS:
TOTAL DUE RECEIVED BALANCE
DUE = DUE DATE
Rent: From 05v01/2018 To 05/31/2018 $ 2,500.09 2s te 7,$00:60
ate =
Securlly Deposit , $ 10,000.00 10,000.00
Other:
Category —
= $
Category
E. Total: s $
17,500.00 17,5
$ ——_12,300.00
PARKING: Tenant is antitted to
toparking
strevt, unreserved and
\s (_Jis not included in the Base Rent charged pursuant to Paragragh 3. if not included in th 1e Base
reserved
vaticle parking spaces. The right
Rent, the parking rntal fee shall be
an additional $ per month. Parking space(s) are to be used for parking operable motor vahicles, except for trailors, boats,
campers, buses or trucks (other than pick- cup trucks). Tenant shall park in assigned space(s) only. Parking
faaking oil, gas or other motor vehicle shail not be parked in parking spaces
space(s) aro to be kept dean. Vehicles
vehicles is not allowed in parking space(s) or elsewhere on the Premises. No ovemightor parking
on the Premises. Mechanical work or storage of inoperable
is permitted.
ADDITIONAL STORAGE: Storage is permitted as ;
The right to additional storage space [is Cis not included in the Base Rent charged pursuant to paragraph3.
‘storage space shall be an additional$ if not indluded In Base Rent,
per month. Tenant shall store only personal property that Tenant owns, and shall
not
stare property that is claimed by another,
arin which another hi a8 any right, title, or interest. Tenant shail not store any improperly packaged
perishable goods, flammable materials, ives,oF other dangerous or nazardous matenal, Tenant shell pay for, and be responsible
foad or
clean-up of any contamination caused by Tenant's use of the storage area. for, the
LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that ither tate payment of Rent or issuance of a NSF check may cause Landlord
limited racessing, enforcement and accounting expenses, and late charges imposed an Landlord. |
not received by Landlord within § calendar days after date due. or if a check instaflment of Rent due from Yenant 1
is retumed NSF, Ter nant shall pay to Landlord, respectively,
as late charge, plus 10% interest per annum on the delinquent amount and $25. as 00
a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable
reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due ‘estimate of the costs Landlord incurby
Landord’s acceptance of any late charge or NSF fee ‘shell not constitute a waiver as to any default shall be paid with the current installment of Rent.
of Tena nt, Landlord's right (0 collect a Late Charge
or NSF foe shall not be deemed an extension of the date Rent
remedies under this agreement, and as provided iy law,
is due under paragraph 4, of prevent La indlord from exercising any ather rights and
11, CONDITIGN OF PREMISES: Tenant has examined th a Pramises and
acknowledges that Premise is clean and in Operative candition, with the
following exceptions:
items listed as exceptions Shall be doalt with in tha ‘allowing manner: a
~
12. ZONING AND LAND USE: Tenant accepts the Premises subject to alll (ocal, state
and federal laws, re, gulations and ordinancas ("Laws"). Landlord
makes no representation or warranty that Premises are now or in tha future will be suitable for Tenant:
regarding all applicable Laws. ‘s use. Tenant has made its own investigation
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for aif utilities and services directly billed to fenant PG&E,
water, garbage
14, PROPERTY OPERATING EXPENSES mati
:
‘A. Tenant agrees to pay its proportionate share of Landiard's ast Imated manthly property aperating
area maintenance, consolidated utility and service bills, insurance, and real
expanses, iheluding hut nat limited to, common
property taxes, based on the ratio of the square footage of the Premises
to tha tolal square footage of the rentable space in the entire or roparty. tenan
will tpay triple net in addition to rent.
oR 6. [J (lf chacked) Paragraph 14 does not apply. i
15, USE: The Premises are for the sole use as _ office use
No other use is permitted without Landlord's prior wrilien consent. Ir any use by Tenant
causes an increase in the
property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the premium on Landlords easing
16. RULES/REGULATIONS: Tenant agrees ta compl y with all rules and regulations of Landlord (and, if applicable
any time posted on the Premises or delivered to Tenant. Tenant shail not, and shall ensure that g , Owner's Association) that are at
annoy, sndanger, of interfere with other tenants of th bui juests and licensees of Tenant do not. disturb,
9 OF neighbors,or use the Pt nel
¥ wasle of nulsa
u u 9. or transport ing Wicitdi 15 or other contraband, ‘or violate
any law oF
Me
ms
ordinance, or-oomt imitting a
9, about the Promises.
- 17. MAINTENANCE:
7
A. TenantOR (If checked, Landlord) shall professionally maintain the Premises including heating, air
water systems, if any. and keep glass, windows and doors m operable and safe condition,
conditioning, electrical, plumbing and
Unless Landlord is checked, if Tonant fails to maintain
the Premises, Landlord may contract for or perform such maintenance, and chat
8B. Landlord OR [] (if onecied Tenant) shall maintain the roof, foundation, irge Tenant for Landlord's cost.
e: terior walls, common areas and i =
ae
Landlord's Initials ( Ja : JL Tenants: t ——————
CL REVISED 12/15 (PAGE 2 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) “Bima
Produced wilh apForm® ay wplagx 18070 Fiteen Mile Rowe, Crawer Michigan <1025 ww.zinLonin.com 23MM Geant Ave
Premises id Grand Ave., South San Francisco, CA 94080
18. ALTERATIONS: Tenant shail not make an ¥y alterations Date February 20, 2018
prior written consent, which shall not be unreasonaol ly
in or about the Premises, inciuding installation of trade fixtures and signs, without Landlora’s
withhald. Any alterations to the Premises
shail be doi ne according to Law and with required
permits. Tenant shall give Landlord advance notice of the commencement date
of any planned alteration, so that Landlord, at its option, may gost a
Landlord with lien releases from any contractor performingagainst
Notice of Non-Responsibility to provent potential li ions Landlord's interest in the Premises. Landlord may also raquire Tenant to provide
work on the Pre mises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations
shall be responsible for any other alterations required by Law. required by Law as a result of Tenant i's use shall be Tenant's responsibility. Landlord
20. ENTRY: Tenant shall make Premises avaiable to Landlord
or Landlord's a igent for the ourpose of antering to make inspections,
repairs, alterations, or improvements, or to ‘Supply necessary or agres
mi 08, 100 services, |. OF to show Fremisas to prospective or actual nscessary or agreed
purchasers, tenants,
» Bapraisers. or contractors. Landlord and Tenant agree that 24 hours notice
natice. In an emergency, Landlord or Landlord's representative may (oral or written) shall be rea: sonable and sufficient
ent iter Premises at any time without prior notice.
21, SIGNS: Tenant authoriz
Preview
MARC G. HYNES, ESQ., SBN 49048 ARMENTO AND HYNES, LLP 563 SOUTH MURPHY AVENUE SUNNYVALE, CA 94086 Tel.:(650) 967-6941 FAX; (408) 743-5160 hynes.marc@gmail.com Attorneys for Defendant/Cross-Complainant JOHN C. AKKAYA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO AMERICAN AND ASIAN UNITE No. 21-CIV-02800 ASSOCIATION CORP., 10 Plaintiff DECLARATION OF MARC HYNES IN REPLY TO 11 OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION 12 OF ISSUES 13 14 Vv. 15 JOHN C. AKKAYA; et al 16 17 Defendants. 18 19 JOHN C. AKKAYA, 20 21 Vv. 22 AMERICAN AND ASIAN UNITE 23 ASSOCIATION CORP., LOUIS LAM DAVID CHAN; et al 24 Cross-Defendants. 25_ 26 27 28 American and Asian v. Akkaya Declaration of Marc Hynes in Reply 21-ClV-02800 1. I, Mare G. Hynes am an attorney authorized to appear before all of the courts of the State of California and am counsel for Defendant and Cross — Complainant John C. Akkaya in this action. 2. I prepared a motion for summary adjudication of issues in this action currently set for hearing on May 2, 2024. I sent the motion along with supporting papers, including the Declaration of Orhan Tolu to my filing service for electronic filing with the court on February 1, 2024. The motion with all supporting papers was served on Counsel for Plaintiff and Cross Defendants on February 1, 2024. 3. I inadvertently included an unsigned version of the Orhan Tolu Declaration instead 10 of the executed version I had in my file when I transmitted the motion and supporting 11 papers to my filing service for filing with the court. 12 4. When advised by Counsel for plaintiff American And Asian Unite Association 13 Corp. that the Orhan Tolu Declaration was unsigned I presented an application, ex 14 parte, to this Court on April 5, 2024 to accept filing of the executed declaration of 15 5. A copy of the executed declaration of Orhan Tolu in support of motion for 16 summary adjudication is marked Exhibit A attached. 17 6. The matters set out in the signed Declaration are identical to the unsigned version 18 served on counsel for Plaintiff, Cross Defendant and responding party in the pending 19 motion for summary adjudication. 20 7. Counsel for Plaintiff objected to the application. The court denied the application. 21 8. The declaration is again submitted along with Defendant’s Reply to opposition to 22 Defendant's motion for summary adjudication as explained in the reply. 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Date: Y W/ 2H. I 26 ugpe 27 2 28 American and Asian v. Akkaya Declaration of Mare Hynes 21-CIV-02800 QD AABIT Lo. A ——— ~ MARC G. HYNES, ESQ., SBN 49048 2) ARMENTO AND HYNES, LLP 563 SOUTH MURPHY AVENUE uu SUNNYVALE, CA 94086 Tel.:(650) 967-6941 FAX; (408) 743-5160 hynes.mare@gmail.com Attorneys for Defendant/Cross-Complainant JOHN C. AKKAYA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 AMERICAN AND ASIAN UNITE No. 21-CIV-02800 ASSOCIATION CORP., 12 Plaintiff DECLARATION OF ORHAN 13 TOLU IN SUPPORT OF MOTION 14 Vv, FOR SUMMARY ADJUDICATION 15 JOHN C. AKKAYA,; et al Date: Time: 16 Department Defendants. 17 Complaint Filed: May 17, 2021 18 First Amended JOHN C. AKKAYA, Complaint Filed: October 1, 2021 19 Cross-Complaint Filed: Nov. 19, 2021 20 Cross-Complainant 21 V. 22 AMERICAN AND ASIAN UNITE 23. ASSOCIATION CORP., LOUIS LAM. DAVID CHAN; et al 24 25 Cross-Defendants. 26 27 28 American Asian Unite v. Akkaya Decaration of Orhan Tolu Case No: 21-ClV-02800 I, Orhan Tolu make the following declaration in support of Defendant’s Motion for Summary Adjudication. 1.[ am a Real Estate Broker and licensed agent with Century 21 Real Estate Alliance, Inc. I have over 30 years of experience in the field of Commercial Real Estate. I established the Century 21 office in Northern California. I have served as President and Chief Executive Officer for Century 21 Real Estate Alliance for over 20 years. 2. My business includes property management, sales and leasing of 10 commercial property, and preparation of documents in connection it with this work. 12 3.I represented Defendant John Akkaya in connection with leasing 13 of a portion of real property located at 304 Grand Avenue in the 14 city of South San Francisco on or about February 2018. 15 4. In February 2018 I was approached by an individual named 16 Albert S. Tam who was associated with Landmark Realty. Mr. 17 Tam expressed an interest on behalf of clients he represented to 18 rent the property. We negotiated a lease for three years with rent 19 beginning at $7000 a month for year one, $7500 per month for 20 year two, and $8000 per month for year three. The tenant was to 21 pay all costs for taxes maintenance and insurance in addition to the 22 standard rent. I informed Mr. Tam that I would draw up the lease. 23 5-On-February-19; 2018-1-received-an-email- from Mr-Tam-who 24 informed me that the name of the tenant was “American Asian 25 United Business Association.” A true and correct copy of the 26 email that informed me of this fact is marked Exhibit A attached 27 z 28 American and Asian v. Akkaya Declaration of Orhan Totu Case No. 21-CIV-02800 and incorporated by this reference. [ prepared the lease based on this information. I maintain this document as a record in the conduct of my business. 6. I presented the lease to Mr. Akkaya who signed it. Thereafter, I transmitted the lease to Mr. Tam for review and signature. The lease was returned to me with no revisions or corrections and showing an execution by the CEO of American Asian United Business Association. This name was immediately below the 10 tenant’s signature on page 6 of the lease. A true and correct copy 11 of the lease is attached marked Exhibit B and incorporated by this 12 reference. J retain this document as a record in the conduct of my 13 business. 14 15 16 I declare under penalty of perjury under the laws of the state of 17 California that the foregoing is true and correct and that if called as 18 a witness I could testify to each of the facts set out in this 19 declaration. This declaration is executed in Bu fhe 20 County of San Mateo, on the date set forth below 21 ~ 22 23 Dated: | Ww 24 Orhan Tolu 25 26 27 28 American and Asian v. Akkaya Declaration of Orhan Tolu Case No. 21-CIV-02800 EXHIBIT “A” M1 Gmail Marc Hynes Fwd: Re: Rental Space for 304 Grand Av. South San Francisco 3 messages Orhan Tolu Mon, Jan 13, 2020 at 4:36 PM Reply-To: orhantoluC21@gmail.com To: Marc Hynes Marc, Clearly you can see .Name is given by their Agent and employee. Orhan Tolu MBA Century 21 Real Estate Alliance Inc. President/CEO Century Mortgage Network Inc.President/CEO(C21 Funding INC) plexinvestors Inc.President/CEO Countrywide Property Management Inc/CEO 650-218-9988 Orhan@century21.com i — Cal BRE Licence# 00831544,01403457 NMLS Licence# 349921 ,349992 www.c21realestate.com CENTURY21, Real Estate Alliance » HERCULES 1500 Sycamore Avenue, Suite A-1 Hercules, CA 94547 Cell (650)218-9988 CENTURY 21, Real Estate Alliance * SAN FRANCISCO 1569 Sloat Bivd. Suite #300 San Francisco, CA 94132 T (415) 213-1600 CENTURY21, Rea lEstate Alliance » SAN CARLOS 1216 El Camino Reai San Carlos, CA 94070 T (650) 558 5200 CENTURY21, Real Estate Alliance * MILLBRAE 200 Broadway Millbrae, CA 94030 T (650) 689-5888 CENTURY 21 Real Estate Alliance. NORTH SAN JOSE 2050 Concourse Dr #98 San Jose ,CA 35 CENTURY 21 Real Estate Alliance SOUTH SAN JOSE 5978 Silver Creek Valley Road #50 San Jose,CA 95121 1of3 1/13/2020, 3:11 PM T.408.6291900 CENTURY 21 Real Estate Alliance.Oakland 5741 Telegraph Ave, Oakland ,CA 94609 510.799.2121 CENTURY 21 Real Estate Alliance CAMPBELL 1630 W Campbell Ave, CAMPBELL, CA 95008 408-369-2000 https://drive google comifiie/d/ Isq9RG-bKQDI2gOJ5yr_jKW82pkm9Jqb7Wview?usp=drive_web Confidential: This electronic message and all contents contain information from Century 21 Real Estate Alliance, which may be privileged, confidential or otherwise protected from disclosure, The information is intended to be for the addressee(s) only. !f you are not an addressee, any disclosure, copy, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e-mail and destroy the original message and all copies. Thank you. Alert: For your protection, we remind you that this is an unsecured email service that is not intended for sending confidential or sensitive information. Please do not include your social security number, account number, or any other personal or financial information in the content of the email. _ --———~ Forwarded message —-——— From: landmarkrealty Date: Mon, Feb 19, 2018 at 6:53 PM Subject: Re: Re: Rental Space for 304 Grand Av. South San Francisco To: Orhan Tolu Cc: John (Cihan) Akkaya , Lallie Valencia-Garcia The name is American Asian United Business Association. Starting date is April 1, 2018 as we need 30 days to inform current landlord to move. Two months free rent and option to renew for another 3 years with agreeable terms President, Mr. Louis Lam will sign the lease. Please prepard agreement adap as he is leaving down on Wednesday Sent from my T-Mobile 4G LTE Device --——-- Original message ———— From: Orhan Tolu Date: 2/16/18-11:17-PM (GMT-08:00) To: Landmark Realty Ce: "John (Cihan) Akkaya" , Lallie Valencia-Garcia Subject: Re: Re: Rental Space for 304 Grand Av. South San Francisco Fine , let me know . On Fri, Feb 16, 2018 at 22:57 Landmark Realty wrote: Twill work on it, 3 years with 3 year option. | am requesting my office commission is 2.5% for the 1st 3 years. No commission if tenant excise their option for the 2nd term. 2 of 5 4/13/2020. 5:LL PM Regards, Albert S. Tam, Ba Real Estate Broker, Realtors License Number 00807732 Landmark Realty, Residential and Commercial Serving Greater San Francisco Bay Area since 1989 On Fri, Feb 16, 2018 at 8:59 PM, Orhan Tolu wrote: ASounds good, let's do it.fter discussing with John . His final number is . $7,500 year 1 $7,750 year 2 $8,000 year 3 RRR. All the years . On Fri, Feb 16, 2018 at 00:11 Landmark Realty wrote: How about $7000, $7500 & $8000 Albert Regards, Albert S. Tam, MBA Real Estate Broker, Realtors License Number 00807732 Landmark Realty, Residential and Commercial Serving Greater San Francisco Bay Area since 1989 On Tue, Feb 13, 2018 at 4:35 PM, Orhan Tolu wrote: Albert, After discussing with John ,His terms will be. year 1. will be $7,500 per month + RRR. Year 2 will be $8,000 per month +RRR Year 3 will be $8,000 per month +RRR IF THESE TERMS ARE ACCEPTABLE. by your Company..|-will-draw: up the lease Sincerely Orhan Tolu MBA Century 21 Real Estate Alliance Inc. President/CEO —a Century Mortgage Network tnc.Presiden’CEO(C21 Funding INC) plexinvestors Inc.President/CEO Countrywide Property Management Inc/CEO 650-218-9988 3 of 5 1/13/2020. 5:11 PM. Orhan@century21.com HBR: $i: HALE: cid-image058.png@01CD0787.B6B3D2B0 Cal BRE Licence# 00831544,01403457 NMLS Licence# 349921 349992 www.c21realestate.com CENTURY 21, Real Estate Alliance » HERCULES 1500 Sycamore Avenue, Suite A-1 ft Cell (6: 5 50)218-998: CENTURY21, Real Estate Alliance » SAN FRANCISCO 1569 Sloat Blvd. Suite #300 San Francisco, CA 94132 T (415) 213-1600 CENTURY21, Rea lEstate Alliance » SAN CARLOS 1216 El Camino Real San Carlos, CA 94070 T (650) 558 5200 CENTURY 21, Real Estate Alliance » MILLBRAE 200 Broadway Millbrae, CA 94030 T (650) 689-5088 ns an CENTURY 21 Real Estate Alliance. NORTH SAN JOSE 2050 Concourse Dr #98 San Jose CA 9514 CENTURY 21 Real Estate Alliance SOUTH SAN JOSE 3111 McLaughlin Ave, San Jose, CA 95121 T.408.224 7100 CENTURY 21 Real Estate Alliance.Oakland $741 Telegraph Ave, OAKLAND ,CA 94609 510 799 2121 https:/Awww youtube. com/watch?v=PQGxkP3Xckc&authuser=0 https://www youtube.com/watch?v=|KObauKY mud. https:/Avww.youtube.com/watch?v=u3hrQeE 3DEA&list=PL c4tA-Zeqi9aBub2NNkqSRGXSiWce-DzMO | Confidential: This electronic message and all contents contain information from Century 21 Real Estate Alliance; which may be privileged, confidential or otherwise protected from disclosure. The information is intended to be for the addressee(s) only. If you are not an addressee, any disclosure, copy, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e-mail and destroy the original message and all copies. Thank you. Alert: For your protection, we remind you that this is an unsecured email service that is not intended for sending confidential or sensitive information. Please do not include your social security number, account number, or any other personal or financial information in the content of the email. On Tue, Feb 13, 2018 at 10:16 AM, Landmark Realty wrote: 4of5 1/13/2020. 5:LL PM. Can you talk to John, my client is willing to offer him $7,000.00 triple net for the upstairs office, with the sharing of the conference room on the 2nd floor. Regards, Albert S. Tam, Ba Real Estate Broker, Realtors License Number 00807732 Landmark Realty, Residential and Commercial Serving Greater San Francisco Bay Area since 1989 On Tue, Feb 13, 2018 at 9:36 AM, Orhan Tolu wrote: Yes , i am the listing agent ant! sol;d the property to John. THAT SIGN WAS for the basement area. Let me know their decision. @ ~~ Virus-free. www.avast.com Orhan Tolu MBA Century 21 Real Estate Alliance Inc. President/CEO Century Mortgage Network Inc.President(CEO(C21 Funding INC) plexinvestors Inc.Presiden/CEO. Countrywide Property Management Inc/CEO. 650-218-9988 Orhan@century21.com $a: HAAR: HAE: cid:image058.png@01CD0787.B6B3D2B0 Cal BRE Licence# 00831544,01403457 NMLS Licence# 349921 349992 Wwww.c21realestate.com CENTURY 21, Real Estate Alliance « HERCULES Marc Hynes Mon, Jan 13, 2020 at 4:51 PM To: orhantoluC21@gmail.com Thanks Orhan-I appreciate your help. Marc [Quoted text hidden] Marc Hynes Mon, Jan13,-2020.at-4:54-PM. To: Leonard Siegal [Quoted text hidden} Sof 5 /13/2020. 5:1 PM EXHIBIT “B” $ _— CALIFORNIA ASSOCIATION COMMERCIAL LEASE AGREEMENT (C.A.R. Form CL, Ravised 12/15) OF REALTORS® Data (For reference only): February 20, 2018 20,2078 John C. Akkaya American Asian Unit Business Associati "Landiora") and 1. PROPERTY: Landlord cents to Tenant and Tenant rents __ ("Tenant’) agree as follows: San Francisco, CA 94080 from Landlord , the real property and improvements descril ibed as: 304 Grand Avo, South comprise approximately % of the total square footage of rentable ‘Space in the (‘Premises*), which description of the Pramisas. entire property . See exhibit for a further 2 TERM: The term begins on (date) _ (Chack A or 8): March 1, 2018 __ ("Commencement Date"), A. Lease: and shall terminate on (date) ‘erm of this agreement expires, with Landlord's consent 9, 2021 at CAM RPM. Any holding over after the . shall paragraph 28. Rent shail be at a rate equal (0 the rent for create a month-to-mon that aither party may terminate as specified in tenancy th Conditions of this agreement shall remain in full force the immediatal ly preceding month, payable in advance. All other terms and Oe. Month-to-month: and continues anc effect. a8 a month-to-month tenancy.Either party may terminate the tena: Incyby giving written notice fo the least 30 days prior to the intan \ded termination date, subject to an y applicable laws. Such notice may y be given otherat oc RENEWAL OR EXTENSION TERMS: See attached addendum See item 40 (page on any date. 5 of Lease) BASE RENT: A. Tenant agrees to pay Base Rentat the rate of (CHECK ONE ONLY:) (4 $ Per month, for the term of the agreement. ($s per month, for the first 12 months of the agreem rent. Camme each 12 months thereafter, rent shall be adjust ncing with the 13th month, and upon expiration ‘ed according to any '8@ in the U.S. Consumer Price Index of the Bureau of Statis of thetic Departmsent of Labforor All U of Labor (the city nearest the Incation of the Premise: irtban Consumers ("CPI") for precasing 13), based on the following formula: Base Rent will be multiplied by the most irst calendar month during which the adjustment is to take effect, and divided by y the most recent CPI preced currant CPI Commencement Date. In no event shall any adjusted Base ing the adjustment, If the CPI is no | longer published, then Rent be less than the ase Rent for the month immediately ly preceding the the adjustment to Sase Rent sh: lal be based on an alterna Soot cP. te index that most closely O03) er month for the period commencing May 4, 2018 $7,750.00 per month for the periad commencing and ending 19 and $8, er month for the period commencing 1, 2019 and ending Far 2020 and d (4) tnaccordance with the and ending March 1, 2020 February 28, 2027 attached rent schedule, (5) Othor: B. Base Rent is payable in advance on the ist orl] ) day of each calendar month, | and is delinquent on the next day. C. If the Commencement Date falls on any day other han the Wat day of the month, Base ‘on a 30-day pericd. If Tenant has paid one full month's Rent for the first calendar month shail be prorated Base Rentin advance of Commencement Date, based shall be prorated based on a 30-day period. Base Rent for the second calendar month RENT: A. Definition: (“Rent*) shail mean all monetary obligatians of Tenant i to Landlord under the terms ofthis ay igreement, B. Payment: Rent shall be paid to (Name) except security deposit. mC. Akkaya intait View, CA 94047 at (address) lacation specified by Landlord in writing fo Tenant. + or at any other C. Timing: Base Rent shalt be palc as specified in paragra ph 3. All other Rent shall be paid within 30 days after 5. EARLY POSSESSION: Tenant is entitled to possession Tanant is billed by Landlord, of the Premisas an Fe if Tenant is in possession prior ta the Commencement Date, during thi Mis not obi igated to pay Rent other than Base Rent. Whether is tme (i) Tenant is not obliga led lo pay Base Rent, and (il) Tonant or not Tenant is obligated ta pay Re ‘ent prior [Jis ‘obligated to comply with ail other terms of this agraement. to Commencement Date, Tenant is SECURITY DEPOSIT: A. Tanant agrees to y Landlord $ 10,000.00 @ security deposit. Tenant agrees not to hold Broker (IF CHECKED:) If Base Rent increases during the term of this agreeme responsible for its return, nt, Tenant agrees to increase security deposit by the as the increase in Base Rent. same proportion 8. All or any portion of the security deposit may be used, as reasonably necessary, (0: (I) cure Tenant's default in non-sufficient funds. ("NSF") fees, or other sums due; (ii) repair damage, payment of Rent, luding ordinary wear and tear, caused y ate charges, licensee of Tey il) broom the Prami necessary, upon of senané iv) ct int or by a guestor ENA OF LAST MONTH'S RENT. iF all or any portion of ‘security deposit is used durk Ing tenancy. Tenant agrees to reinstate the the ‘enant, Within 30 days after Landlord receives possession total security dey posit within 5 days after written notice the Premises, Landlord shall (i) furnish Tenant an itemize is delivered lo amount of any secur ity deposit received and the basis for its disposition, . and (ii) return any d statem ent indicating the However, if the Landlord’ 's onl ly claim upon the security deposit remaining portion of security deposit to Tenant. is for unpaid Rent, the ien the remaining portion of the deduction of unpaid Rent, shall be returned within 14 days Secunty deposit, after after the Landlord receives possession. C. No interest: id on securily deposit, unless required by local ordinanc e. Landlord's Initials ( cal ) Tenants initials ( Ot VOT REALTORS®, Inc. CL REVISED 12/15 (P. AGE 1 of 6) COMMERCIAL LEA, SE AGREEMENT (CL PAGE 1 OF ee Scar Century 21 Reatry AMance, 1369 Sloat Riva, Sulte 300 San Prowclsco Ca 94132 6) Orhan Totus Produced wilh pFormby ziploghe 14070 Fiteen Vila Roaa, Fraser, Michi iPhone. 650.358.5200 Fax: #S0.STI.S0SS 304 Grand we] n 48026 SS ERR te aT CF CU NS (yA aUU Premises: sug Grand Ave., sourn yan Francisco, UA Saudi ate Feneuary zy, U7 7. PAYMENTS: TOTAL DUE RECEIVED BALANCE DUE = DUE DATE Rent: From 05v01/2018 To 05/31/2018 $ 2,500.09 2s te 7,$00:60 ate = Securlly Deposit , $ 10,000.00 10,000.00 Other: Category — = $ Category E. Total: s $ 17,500.00 17,5 $ ——_12,300.00 PARKING: Tenant is antitted to toparking strevt, unreserved and \s (_Jis not included in the Base Rent charged pursuant to Paragragh 3. if not included in th 1e Base reserved vaticle parking spaces. The right Rent, the parking rntal fee shall be an additional $ per month. Parking space(s) are to be used for parking operable motor vahicles, except for trailors, boats, campers, buses or trucks (other than pick- cup trucks). Tenant shall park in assigned space(s) only. Parking faaking oil, gas or other motor vehicle shail not be parked in parking spaces space(s) aro to be kept dean. Vehicles vehicles is not allowed in parking space(s) or elsewhere on the Premises. No ovemightor parking on the Premises. Mechanical work or storage of inoperable is permitted. ADDITIONAL STORAGE: Storage is permitted as ; The right to additional storage space [is Cis not included in the Base Rent charged pursuant to paragraph3. ‘storage space shall be an additional$ if not indluded In Base Rent, per month. Tenant shall store only personal property that Tenant owns, and shall not stare property that is claimed by another, arin which another hi a8 any right, title, or interest. Tenant shail not store any improperly packaged perishable goods, flammable materials, ives,oF other dangerous or nazardous matenal, Tenant shell pay for, and be responsible foad or clean-up of any contamination caused by Tenant's use of the storage area. for, the LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that ither tate payment of Rent or issuance of a NSF check may cause Landlord limited racessing, enforcement and accounting expenses, and late charges imposed an Landlord. | not received by Landlord within § calendar days after date due. or if a check instaflment of Rent due from Yenant 1 is retumed NSF, Ter nant shall pay to Landlord, respectively, as late charge, plus 10% interest per annum on the delinquent amount and $25. as 00 a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due ‘estimate of the costs Landlord incurby Landord’s acceptance of any late charge or NSF fee ‘shell not constitute a waiver as to any default shall be paid with the current installment of Rent. of Tena nt, Landlord's right (0 collect a Late Charge or NSF foe shall not be deemed an extension of the date Rent remedies under this agreement, and as provided iy law, is due under paragraph 4, of prevent La indlord from exercising any ather rights and 11, CONDITIGN OF PREMISES: Tenant has examined th a Pramises and acknowledges that Premise is clean and in Operative candition, with the following exceptions: items listed as exceptions Shall be doalt with in tha ‘allowing manner: a ~ 12. ZONING AND LAND USE: Tenant accepts the Premises subject to alll (ocal, state and federal laws, re, gulations and ordinancas ("Laws"). Landlord makes no representation or warranty that Premises are now or in tha future will be suitable for Tenant: regarding all applicable Laws. ‘s use. Tenant has made its own investigation 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for aif utilities and services directly billed to fenant PG&E, water, garbage 14, PROPERTY OPERATING EXPENSES mati : ‘A. Tenant agrees to pay its proportionate share of Landiard's ast Imated manthly property aperating area maintenance, consolidated utility and service bills, insurance, and real expanses, iheluding hut nat limited to, common property taxes, based on the ratio of the square footage of the Premises to tha tolal square footage of the rentable space in the entire or roparty. tenan will tpay triple net in addition to rent. oR 6. [J (lf chacked) Paragraph 14 does not apply. i 15, USE: The Premises are for the sole use as _ office use No other use is permitted without Landlord's prior wrilien consent. Ir any use by Tenant causes an increase in the property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the premium on Landlords easing 16. RULES/REGULATIONS: Tenant agrees ta compl y with all rules and regulations of Landlord (and, if applicable any time posted on the Premises or delivered to Tenant. Tenant shail not, and shall ensure that g , Owner's Association) that are at annoy, sndanger, of interfere with other tenants of th bui juests and licensees of Tenant do not. disturb, 9 OF neighbors,or use the Pt nel ¥ wasle of nulsa u u 9. or transport ing Wicitdi 15 or other contraband, ‘or violate any law oF Me ms ordinance, or-oomt imitting a 9, about the Promises. - 17. MAINTENANCE: 7 A. TenantOR (If checked, Landlord) shall professionally maintain the Premises including heating, air water systems, if any. and keep glass, windows and doors m operable and safe condition, conditioning, electrical, plumbing and Unless Landlord is checked, if Tonant fails to maintain the Premises, Landlord may contract for or perform such maintenance, and chat 8B. Landlord OR [] (if onecied Tenant) shall maintain the roof, foundation, irge Tenant for Landlord's cost. e: terior walls, common areas and i = ae Landlord's Initials ( Ja : JL Tenants: t —————— CL REVISED 12/15 (PAGE 2 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) “Bima Produced wilh apForm® ay wplagx 18070 Fiteen Mile Rowe, Crawer Michigan <1025 ww.zinLonin.com 23MM Geant Ave Premises id Grand Ave., South San Francisco, CA 94080 18. ALTERATIONS: Tenant shail not make an ¥y alterations Date February 20, 2018 prior written consent, which shall not be unreasonaol ly in or about the Premises, inciuding installation of trade fixtures and signs, without Landlora’s withhald. Any alterations to the Premises shail be doi ne according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may gost a Landlord with lien releases from any contractor performingagainst Notice of Non-Responsibility to provent potential li ions Landlord's interest in the Premises. Landlord may also raquire Tenant to provide work on the Pre mises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations shall be responsible for any other alterations required by Law. required by Law as a result of Tenant i's use shall be Tenant's responsibility. Landlord 20. ENTRY: Tenant shall make Premises avaiable to Landlord or Landlord's a igent for the ourpose of antering to make inspections, repairs, alterations, or improvements, or to ‘Supply necessary or agres mi 08, 100 services, |. OF to show Fremisas to prospective or actual nscessary or agreed purchasers, tenants, » Bapraisers. or contractors. Landlord and Tenant agree that 24 hours notice natice. In an emergency, Landlord or Landlord's representative may (oral or written) shall be rea: sonable and sufficient ent iter Premises at any time without prior notice. 21, SIGNS: Tenant authoriz