THE PREMISES AND HEREBY ACCEPTS
POSSESSION OF THE PREMISES IN THEIR CONDITION AAS-IS@ AS OF THE COMMENCEMENT OF
THIS LEASE, WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, FROM
LANDLORD OR ANY THIRD PARTY CONCERNING THE CONDITION OF THE PREMISES OR ANY PART
THEREOF, INCLUDING, WITHOUT LIMITATION, THE PREMISES' FITNESS FOR ANY PARTICULAR
USE OR OCCUPANCY.
LANDLORD HEREBY FURTHER SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS AND/OR WARRANTIES, BOTH
Initials:
/s/ EM
/s/ WB
21
EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR
SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AND PURPOSES
PERMITTED HEREUNDER OR ANY OTHER PURPOSE, AND LANDLORD DOES NOT REPRESENT OR
WARRANT THAT THE PREMISES OR ANY PART THEREOF COMPLIES WITH ANY LAWS RELATING TO
THE USE AND OCCUPANCY THEREOF.
TENANT FULLY UNDERSTANDS THAT THERE MAY BE
CERTAIN REPAIRS AND ALTERATIONS REQUIRED FOR THE CONTINUED LICENSING AND/OR
CERTIFICATION OF THE PREMISES AS AN RCFE, AND TENANT SHALL BE FULLY RESPONSIBLE
FOR THE COST OF AND FOR EFFECTUATING ANY AND ALL SUCH ALTERATIONS, REPAIRS AND
REPLACEMENTS REQUIRED TO BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION
OF THE PREMISES AS AN RCFE, AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED
TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR
HEREUNDER.
THE PARTIES HEREBY ACKNOWLEDGE THAT LANDLORD IS NOT RESPONSIBLE FOR,
AND TENANT SHALL INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM AND AGAINST
ALL LIABILITY, COST OR EXPENSE IN CONNECTION WITH ANY SUCH REPAIRS,
REPLACEMENTS, AND/OR ALTERATIONS TO THE PREMISES FOR ANY REASON WHATSOEVER.
THE
INDEMNIFICATION OBLIGATIONS OF TENANT HEREUNDER AND ELSEWHERE UNDER THIS LEASE
SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LEASE.
24.25
Tenant shall, so long as no Default occurs during the Term,
peaceably and quietly have, hold and enjoy the Premises subject to the terms of
this Lease without interference by any persons lawfully claiming by or through
Landlord.
IN WITNESS WHEREOF, the parties have duly executed this Lease as
of the day and year first above written.
Landlord
CLAREMONT ROYALE, L.P.,
a California limited partnership
By:
WLB Group GP LLC, a California limited
liability company, a general partner
By:
/s/ Warren L. Breslow
Warren L. Breslow
Manager
ATenant@
SUMMERVILLE AT COBBCO, INC.,
a California corporation
By:
/s/ Eric Mendelsohn
Print Name: Eric Mendelsohn
Print Title:
SVP Corporate Development
By:
___________________________________
Print Name: ______________________________
Print Title: _______________________________
Initials:
/s/ EM
/s/ WB
22
LEGAL DESCRIPTION OF THE PREMISES
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Exhibit A
INVENTORY OF STANDARD FURNISHINGS
All furniture, furnishings, fixtures, equipment and other personal property
located on or in the Premises as of the date of this Lease Agreement, which are
owned by Landlord.
(Inventory to be prepared by Tenant and attached)