Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.January 27, 2021Response to Request for Civil ctw» temps «ets» wtv» Harassment Restraining Orders Use this form to respond to the Request (form CH»1 00) ~ Read How Can IS»spend to a Resuertfor Civil Harassment Restraining Orders7 ifotm CI I- 1 20-INFO) to pm test your rights. ~ Fill out this form aad take it to the court clerk. ~ Have someone age 1 8 or older-not you-servo the person in Q1 or his or her lawyer by mail with e copy of this form and any attaohcd pages. (Use)ann CH230, ProofofService ofResponse by Mall) O Person Seeking Protection Full name ofperson seeking protection (seafare& CH-100, item Q1): Mcole L Fnmdsen Superior Court of Catifomla, County of O2 Person From Whom Protection ls Sought Santa Clara a. Your Name: Steven McFarlaod 191 N. 'Pirst Street, San Jose, FCA Your Lawyer (ifyou have onefor this case) Name; Roger D. Wintle State Bar No.; 142484 CIVIL DIVISION Firm Name: The Heritage Law Group b. Your Address (lfyou have a lawyer, glveyour lawyer's iqfonnatlon. Ifyou do not have a lawyer and want to keep your home addtvss private, you may give a dement ntalling address instead. you do not 2 1 CH009826 have to give telephone, fax, or e-mall) Address,'96 N. Third Street, Ste. 260 Pmsent your response and any opposition at the City: San Jose State. CA ytp. 95 I I 2 hearing. Write your hearing date, time, and place Telephone:408-925' 46 Fax: fiem form CH- 1 09 item Q3 here: E-mail Address: rdwNhlgusa.corn Date O3 Q» Personal Conduct Orders Ifyou were served with a Temporary a. Q I agree to the orders requested, Restraining Order, you must obey it until the b. Q» I do not agree to the orders requested. hearing. At the hearing, the court may make (Specify whyyou disagree tn item pfs on page 3.) orders against you that last for up to five years. c. Q I agree to the following orders (h)sectfy below or in flem Q11 on page 3.) O4 Q» Stay-Away Orders a. Q I agree to the orders requested, b. Q» I do not agree to the orders requested. (Specify wiry you disagree At item Q11 on page 3.) c. Q I agree lo the following orders (specify below or At item Q11 on page 3): Os Q» Additional Protected Persons a. Q I agree that the persons listed in item QSof form CH-100 may be protected by the order requested. b. Q» I do not agree that the persons listed in item Qgofform CH-100 may be protected by the order requested. ta ~, "~ Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) 'CH 120'atte 1 o(4 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2021 10:35 PM Reviewed By: K. Nguyen Case #21CH009826 Envelope: 5950093 esse Numbon 21CH009826 Os Guns or Other Rrearms and Ammunition Ifyou werc sorved willi form CH 110, Temporary Reslralslng Order you cannot own or possess any guns, other flresrms, or ammunition. (Soc item Or of form CH-110,) You must sefl to or store with a licensed gun dealer, or turn tn to n lmv enforcemcnt agency, any guns or other flroarms In your Immediate possession or control within 24 bours of being served with form CH-110. Yon must fllc a receipt vvttb the court. You may usc form CH800, ProofofFlrearasv 2 uracil In, Sold or Stored, for the receipt. a. Q I do not own or contml any guns or firearms. b. Cl I ask foran exemption flom the fireanus pmhibition under Code of Civil Procedure section 527.9(f) bocause carrying a fireami is a condition ofmy employment, and my employer is unable to reassign me to another position when a iircsrm is unnecessary. fZrpiain): Cl Check here ifthere is not enough space belowforyour answer. Pui your complete answer on an auaclied sheet ofpaper and wiiie "Attachment 6b-pireaims Surreadei Rsempiian" as a tida you may useform bfC-023, Attachment c. G I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer. A copyof the nceipt D is attached. P hss alreadybeen filedwith the court. Oy 0 Possession and Protection of Animals a. Q lagteetotiicotdersrequestetL b. Q I do not agree to the orders mquested. (Spec((y whyyou disagree in item Q11 on page 3) c. p I agree to the following on!era (specify belinv or m flem Q11 on page 3): Og Qx Other Orders a. Q I agree to the orders requested. b. px I do not agree to the orders requested, (Specify whyyon disagree in item Q11 on page 3) c. 9 I agtue to the following orders (specify below or la item Q11 on page 3): 0 E Denial0 did not do anythmg described in item Qy of form CH-100. pe ~Q snlsesSucur i, ssu Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 2cf4 Case Number: 21CB000826 to 0 Justification or Excuse0 IfI did some or aa of the things that the person in Qt has accused me of, my ac(icns werc justified or excused for thc following reasons (espialn)t Cl Check here lfthere ls not enough space bolowforyour answer. Pul your contplete answer on an agached sheet ofpaper and write "Allaclunenl l0-dusltftcatton or gscusc" as a litle. You may useform MC-02$, Attachment. Q12 D» Reasons I Do Not Agree to the Orders Requested Explain your answers lo each order requested tharyou do nol agree with. li Check here ifthere ls nor enough space belowforyour answer, Putyour complete answer on an attached sheet ofpaper and u rile "Asaclinteni l I-Reasons IDisagree" as a tllle. You may useform hfC 02$, Attachment. aeaeeseeau a$$1$ Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CHI20, page Seta Case Numbor.'1CH009826 CI Mo Fee for Filing0 a. 0 I mquest that I not be required to pay tho tiling feo because theperson inQtclaims ln form CH-100 item Qss to bo entitlod to flo fling. b. 0 I request that I not be required topsy tho fling fee because I am eligible for a foe waiver. (porn& RY00L Request to Waive Court Fees, &ansi beJlled sepa&r&rely) Q&t Lawyer's fees Qx Court costs. AntntttLt $ 435.00 3,500.00 $ C3 Lawyer's Fees and Costs0 a, ii I ask the court to orderpayment ofmy Tho amounts requested are: Ltetn Filing Fee- Response Attorney Fees Amount l-I Check hers if&here are more items. Put the items a d amounts on the attached sheet ofpaper and write "Mgachment 13-Lau&ysr's pass and Costs"fcr a title. Ycu may use orform MC-025, Attaclunent, b. ii I ask thc court to deny the request of the person asking for protection that I pay his or her lawyer's fees and costL Oq4 Number ofpages attached to this form, ifany. ) ~ Sign ypt&r ndme Roger D. Wintle Lawyer's name Pfany) 'an&yer's signature I dedare under penalty ofperjury under the laws of the State ofCalifornia that the information above and on all attaohments is true snd correct. &//6/P~+~ Steven McFarland type orprin/your nmne Revl&cdJacet '&, a&&s Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH420, Pat&e 4 et 4 ATTACHMENT 11- REASONS I DISAGREE Defendant, Nicole L. Frandsen entered into a Sublease Agreement with my tenant, Moreno Produce on the false pretense that she intended to occupy ofa portion ofa commercial premises located at 1098 S. 6th Sheet, San Jose, CA 95112 (front offices only) (the "Premises"). The Pmmises are owned by McFarland MMSJ, LLC and Gregerson Company, LLC jointly. I am representing both McFarland MMSJ, LLC and Gregerson Company, LLC. The Premises were supposed to be used as an art studio as represented by Nicole L. Frandsen since this is a commercial building and has never been used as a residential building and is not zoned for residential use. I am attaching a copy of the sublease that Nicole L. Frandsen executed as Exhibit A. Alter she gained occupancy ofthe Premises she immediately tumed the Premises into a residential dwelling complete with unsavory characters ofall sorts. My tenant that leases most of this commercial space, Moreno Produce, have seen drug deals being performed on the . Premises and had to routinely clean up hypodermic needles. In addition, Nicole L. Frandsen has attempted to "sub-divide" the Premises, without permits, into numerous areas (rooms) that she is allowing others to occupy and sell and partake of illegal substances on site. The City of San Jose, Department ofPlanning, Building and Code Bnforcement, has cited my company and that ofmy partner for allowing the occupancy of the Premises for living/sleeping purposes which is prohibited under the San Jose Municipal Code. Copy ofCity of San Jose- Inspection Notice is attached as Exhibit B. I have been attempting to evict Nicole L. Frandsen since I learned ofher use of the Premises for residential use. Over the past year, we have repeatedly alerted the San Jose City Council, SJPD and County of Santa Clara of this unsafe activity, Both owners were unaware of this unlawful use and are now seeking to evict Nicole L. Frandsen and all other occupants who may be inhabiting the Premises with the permission ofNicole L. Frandsen. In January of this year, San Jose Code Enforcement, together with members of the San Jose Police Department arrived at the Premises on a civil standby basis to allow my workers to remove all of the unpermitted materials Ms. Frandsen has used to "subdivide" the Premises into living space for other vagrants in the area. The Civil Harassment Restrainmg Orders is simply a Iraudulent attempt to get back at me for exercising my right to have her evicted. I have only met Nicole L. Frandsen once, about a year or so ago, during a Code Bnforcement ofIIcer inspection. Frandsen called me once, quite some time ago, but that is the extent ofmy involvement with her. My attorney is working through the court system for eviction, Ms, Frandsen's sublease expired June 2020 and I cannot and will not renew her lease. This nonsensical restraining order is a misuse ofgovcmincntal resources and has no basis in fact whatsoever. I have never tlueatened Nicole L. Frandsen in any way, certainly no threat of violence was ever made by me to her, period. The fact that Nlcolc L. Frandsen has been involved in a number of criminal complaints in Santa Clara County over the years including a felony complaint against her acconHng to Santa Clara County Court public records speaks volumes as to her credibility. Simply stated, she has none. Ms. Frandsen claims in her Request (CH-100) that she has a restraining order in effect wldch is not true as to me, my company or my partner or his company. Ms. Frandsen claims that "I allowed total strangers into my building to fake and destroy anything including a work truck and classic auto.." I have no idea what she is talking about, Other than the stand-.by order discussed above, I have never had any involvement with vehicles on the Premises including a work truck and classic auto. My suspicion is these were mostly abandoned vehicles hauled off by the San Jose Police Department. Ms, Frandsen has not paid any mnt or utilities for at least one year. She states that I called Code Enforcement before she had time to pull permits to build tenant improvements. Again, what she has done is illegal under the San Jose Municipal Code. She would not be able to "pull permits" and she would have to clear any such "permits" with the landlord, which she did not do. This is just more made-up nonsense. Ms, Frandsen complains about things that were taken down in the Premises, The things that were taken down in the Premises were atIbred to the unpermitted walls done under the supervision of San Jose Code Enforcement with San Jose Police serving a civil standby. These lawful steps were attempting to prevent the occupanoy of the Premises by numerous unpermitted homeless and drug addled individuals. I am requesting that this matter be dismissed with prejudice so that she does not try this again. She has also filed the same orders against individuals who operate Moiuno Produce which shows the extent she will try to illegally stay in the Premises. EXHIBIT AI A COMMERCIAI. LEASE AND DEPOSIT RECEIPT RECEIVED FROM: MANUEL MCRENO ALVAREE and/orMQRENQ pRCDUCE Qsrslnagorrefsrred to as LESSEE, ths sum of$ 16mcn on DOLLAR6), evidenced by as s deposit which, upon aocsplance of this lease, shah belong to Lessor end sbsh be epphsd as (ohows: Rantforlhs period from: 6(f(2010-6(sti26(tt Sscurhy deposii: Olher1 Olher2 $ 3,200.00 3,200.00 $ 0 $ 0 3 RECEIVED $ ',200.00 $ 3,'200.00 $ $ 3 Esl.Dos Prlot Te Occuoensv $ 0 0 0 $ 0 TOTAL 8 16A00.00 $ 16,400.00 $ 0 In Ihe event thai this lease le not accepted by Iha Lessor within tfhys, the tots( deposit received shall be refunded. Lessee hereby olfere to lease from Lessor Ihe premises shueled In the City of SAN JOSE County of SANTA CLARIL, State of Cogfamls 96112, described as 1096 S am STREET (indudes edlaoent 265 Keves Stree0 upon Ihe (ohowlng TERMS and CONDITIONS: 1. TERNS Ths term hereofeheh commence on MAY1, 2010, snd expire on APRIL 30, 2024 2. RENT: The total rent«hah be 3 61E600 00 cavabls ss (hhcwst The rent described In lhls oir(mrsuh tarn(erted tu 6« ba36 rent 6ee edda«dun( "A" for coma!ate tent schedule. AH rents shall be paid lo Gamer or Ms authorized agent, at ihe fohovhng address: 'Mower(and43rstrsmotrt attn: stove Meparlend. 6233 H(ah Meadow Court. Be«does. CA 06133. or st such other places aa mey be designated by Owner (mm time lo time. 3. USE( The premises sm to be used for the operation of: PRODUCE DISTRIBUTOR and I'or noctlmr purpose, without prior vwittsn car«ant of Lessor. 4. USE8 PROHIBITED: Lessee shali not use sny portion o( lhe premises for purposes other than those epeclhed hereinabove, and no uss shah be msds or psrmftted to be made upon the premIses, nor acts dona, whloh will Increase Ihe sxlsgng rate of Insurance upon the properly, oroause cancehatlon of insurance pohclss covering said propeIty. Lessee shag not conduct or permit eny sate by a«chen on Ihe prembes, 5, Ass(GNMENT AND SUBLETTING: Lessee shag nol sss/gn Ibis hase or sublet any portion of Ihe premises without prior wrhlen consent of Ihe Lessor, which shah not be unreasonably withheld. Any such assIgnment or subbnung without consent«hah ba void snd, sl the opgon of the Lessor, may terminate this lease. SEE ALSO ADDENDUM A" 6, DRDINANcBS AND STATUTES: Lessee shah comply whh sh statutes, ordinances and requirements of sh munlrhpal, state and federal suihorlhas now In force, or which msy hereafter be In force, pettslnlng to the premises, ocoasloned by ar sffsohng the use theres[ by Lessee. The commencement or pendenoy of eny stale or (sdeml court abatemsnt proceeding affechng ihe uss of lhs premises shall, at Ihe opgon ofthe Lessor, be deemed a breach hemo(. y. MAINTBNANcgt REpAIRB, ALTBRATIDNsl Lessee aaknowledges that Ihs ptembes are in good order any mpalr, unless otherwise Indicated herein. Lessee shah, st his own expense and at ah Hmee, maintain ihe premtses fn good and safe cond(ho«, Inthuding plate glass, elscbioal wiring, plumbing snd Ifeatlng instahshons and sny olhet system or eqthpment upon the premises end shah surrender the same, at termination hereof, In as good oondlllon es received, normal wear and tear excepted, L«6366 6baii gs r«apb(I sible for ALL rap«fr«. which shall be maintained by Lessor. Lessee shall alsa maintain In good condhlon such pc(gone adjacent to gm prmnlsss, such ss sidewalks, driveways, lawns snd shrubbery, which would olhetwbte be required lo be maintained by Lessor. No Improvement orellershon oflhepmmlsee shahbe made whhoullhs prtorwrhlen coneentof the Lessor. Prtorto the commencement of any substanhal repair, Improvement, or alteration, Lessee shah give Lessor st least two (2) days written notice in on(sr Ihst Lessor msy post ap'propdsts nohces to svoht sny Habhhy fo'r Hens. Lessee shah not commit any waste upon the prem(ses, or any nuisance or aol whloh may dhtturh the quiet enjoyment of sny tenant In the buliding. 3. ENTRY AND IN8pEcTICNt Lessee shah permh Lessor or Lessors agents to enlar upon the premises «I mssonable times snd upon reasonable noHce, fot ths purpose of Inspecbng the same, and whl psrmh Lessorat any Hms within shrty (60j ttsys prior to the explratfon of Ibis lease, lo place upon Ihs premises any usual 'To Lel" or 'For Lease'igns, snd permit pemons deslrfng to lease the same to tnspect the prembes there«her. 3. INDEMNIFICATION OF LESSORt Lessor shall not be Sable for any damage or Injury lo Lessee, or any other person, or to any property, occurring an ths demised premises or sny perl lhersof, end Lessee agrees to hold Lessor harm(ess fram any clatms for damages, no rnatter how caused. 10. POssE88ION: If Lessor ls unabbr lo dehver possession of the premises at the commencement hereof Lessor shag not be Hable for any damage caused Ihereby, nor shah Ibis lease be void or voidable, but Lessee shall not be gable for any rent unB possession j Is dsgversd Lessee may tsnnhsle Ih(s lease Ifpossesston ls not degvamd wghlri N/A days cf the commencement of Ihe lsnn hereof. Possess(cn (s ccngnu(ng under prior lease. 11. INBURANGIB Lessee, at his expanse, shag ma(n(a(n ptole glass and pubgo Hsbhlty Insurance Including bodgy Injury and pmpeity damage Insurtng Lessee snd Lessor w((hmln(mum coverage as follows; Minimum 02 mggon Habgny plus ag contents.-a Lossor must bs named ss nn additional Insurod c- Lessee shan provide Lessor w(th a Cerggoats of Insurance showIng Lessor ss sddhlonsl Insured. The Ceiggcate shall pmvfde for s Ih(rty4ay wrktsn nonce lo Lessor in Ihe event of oancogagon or malarial change of coverage. To Hw maximum extent penn(Had by hsumnce pone(es which may be owned by Lessor or Lessee, Lessee snd Lessor, ror Ihe benem of sash olher, waive sny and ag rfchts of subrogation which might o(hens(se exbL 12. UTIL(1188: Lessee agrees that he shag be reopens(b(s for lhe payment of all u(HH(es, Inc(ud(ng water, gas, eleolrtolty. heat and other services gsgvered to ihs prem(aea (aee also: Addendum Aj 13. 8(GNS( Lessor reserves Ihs exclus(ve rtght to the roof, side and rear wats of (he Prembes. Lessee shag not construct any projecgng sign or awning wghout tho prior written consent of l.easer whloh consent shall not be unreasonably wghheld. trL ABANDONMENT 0F pREM(888; Lessee shall not vacate or abandon the premises at sny Hme during the term hemof, snd if Lessee shall abandon or vacate Hie'remises, or be dispossessed by process of law, or otherwlse, any personal properly belonging lo Lessee lea upon (he premises shag be deemed to be abandoned, at the option of Lessor. 18. CCNDBMNAYION: If any part of ths prem(sss shall be taken or condemned for pubgo use. and a pari thereof remains which Is reasonably suscepgble ofoccopsuon hereunder, this lease shag, ss io the perl taken, tenn(nate as of the da(a the condemnor acquires possession, and (hereagsr Lessee shall be requtmd to pay such pmporgon of the rant for the remaining lerm as tha value of Ihe . prom(ses rema(n(ng bears lo the total value of ihe premises u( the data of oondemnstlon; provided however, that Lessor may at his opuon, lermlnale thhlssse asoflhe date the condemnoracquires possession. In the event that the dam(sad premises are oon damned In who(e, or that such porgon ls condemned Ihat Ihe remainder Is not suscepgble for use hereunder, this hase shag lermlnate upon ihs date upon wh(cb Ihe condemnor scqutms possession. AH sums whloh msy be payable on account of any condemnation shag bsfong to the Lessor, snd Lessee shall nol be entitled to sny part thereof, provided however, that Lessee shall be engged to retain any amount awarded to hbn for his trade (bduras or moving expenses. 10, TRADE FiXTURES: Any and ag Improvements made Io the premises during the term hereofshall belong to Ihe Lessor, except trade Hxtures of Ihs Lesseix Lessee msy, upon termlnsgon hereof. remove ag his trade (bdures, but shall repair or pay for all repairs necessary for danxu(es lo the premises oooasloned by removal. 17. DESTRUCTION OF PRBNHSBS; In the event of a pains( destruogon of Ihe premises during the larrn hemof, from any causa, Lessor shall forthwith repair the same, provMed that such repairs oan be made within 180 days under existing governmental laws and regulagons, bct suohpargal des(motion shaH not terminate th(s lease. If such reps(m oannot be made within salt (180) days, Lessor, at his option, may make the same w&ln a reasonable tkne, this tease continuing in effect wgh the nmt proportionately abated as aforesaid, snd ln the event that Lessor shsH not a(sot to make such repairs which cannot be made within 180 days, this lease may bs terminated at the opgcn of either party. In the event that the bugdlng in which the demised premises may bs situated (s destroyed to an extont o(not less than one- (bird of the rup(acsmen( costs thereof, Lessor may e(sol to (arm(nate this lease whether the demised premises be Injured or not. A total deslructton of Ihe bulkgng in which the pmm(ses may be agua(ed shall terminate this lease. fn (he event of any dispute between Lessor and Lessee with respect lo the provisions hereof, the matter shall ba settled by srbgratlon ln such a manner ss the psrges may agree upon, or If they crmnol agree, fn accordance with tha ru(es of the Amerloan Arbgragun Asqoolayon. 18. NAXARDCUB MATERIALS: Lessee shaH not tice, store, ordispose ofany haxsrdous substances upon the premises, except usa and stomge of such substances ii Htey are customargy used In lessee's business, and such use end storage compgas wgh eg environmental laws. Hexa(tous substances means any haxardous waste, substance or toxfo materials regulated under any 'environmental laws or reguiagons appycable to the properly, 10. INSOLVENCY: In the event a receiver Is appointed to take over the business of Lessee, or In tha event Lessee makes a general asalgnmenl for the bensgl oforadltom, or Lessee takes or suffers any acgon under any Insolvency or bankruptcy aol, the same shallconskluts breach of Ih(s lease by Lessee. 20. REMEDIES OF OHYNBR ON DEFAULT: In fhe event of sny breach of this (ease by Lessee. Lessor may, at (I(s opgon, (arm(nate Ihe lease and recover from Leases: (s) Ihe worth st the Ikne of award of Ihs unpaid rent whfch was earned al the Ikne of Iermtnatlon; (b) Ihe worth al Ihe tkne of award of the amount by which (he unpaid rent whloh would have been earned altar termlnagrm urn(i the time of the sward exceeds ths amount ofsuch rardal (oss thai the Lessee proves could have been reasonably avoided; (ot Ihe worth at Hte Hme of award of (he amount by whtoh Hw unpaid rent for the balance of Ihe term alter the time'f awarrt exceeds the amountof such rental (oss that Lessee proves could be reasonably avokhdl and (d) any other amount naoesaary to compensate La or forag detriment proximately caused by Lessee's fagure to perform his obggatlons under the lease or which In ihe ordhary course of Ihlngs would be Hkely to resug Ihemfrom. Lessor may, In the agama Eve, congnus this (ease In effeot, as long as Lessor doss not lannlnate Lessee'a right to possession, andLessormsy enforce ag his rights and remedies under the lease, Inc(ud(ng the dght lo recover the rent as It becomes due under Ihelease. It said bmach of lease congnues, Lessor msy, sl any Hme (homager, a(col to terminate Iha (essa Nothing contained herabr shag be deemed to Hmit any other rtghte or remedies which Lessor may have. 21. 8EGURITY: The securgy deposit set forth above, If any, shell secure Ihe perfonnance of the Lasso(re obggagons hereunder. Lessor may, bul shalt not ba obggated to apply ag or portions of sa(d deposh on account of Lessee'a obggatlons hereunder. Anybabmca remalnfng upon (srm(negon shag ba returned lo Lessee. Lessee shall not have the right to apply the security Deposit inpaymenl oflhe (as(month's rent. 22. DEPOSIT RBPUNDS: Tho balance ofag deposgs shag be refunded with(a two weeks from date possession ls delivered Io owner orb(san(hor(zed Agent, logelhar with a stalemanl show(ng any charges made against such deposgs by Owner. 23. ATTCRNEY's FEESr In csee soll should be brought (or rocovory of the pmmtsss, or (or any eum due hereunder, or because of any actwhich may arise osl of the possession of tha prem(see, by allhor party, lhe provaltng party shag bo onUtled lo all costs Incurred In conneclon with such soUon, Indudlng a ressonab(o sUomey's (so. Venue for any heating shag bc Sante clara county, OA, 24. wAIYERr No fskure of Lessor to en(ores any lonn hemof shog bo deomod to be a waiver. alt, No TI cE8: Any no(Ice which oltltsr party may or b required lo give, shell be given by ms hing Ihe camo, postage prepaid, to Lessee el Ihe prsmlsos, or Lessor sl Ihe address shown below, cr sl such other places es may be tfoslgnatsd by lhe perUes from Nms to Ume. 20. Ho(DING DYER Any holding ovor oker ths expiration o( Ihts leasp, wkh Ihe consent of Lessor, shall be construed as a monlh- towonth lenanoyat a rental of 8 0 500 00 trer month, othsrwlso In accordance with the leans hereof, as apptlcab4. ay. TIME: Time Is ofthe essence of tide lease. 20. HBIR8, AsslGNs, SUCCES8ORS: This lease ls binding upon and Inures to lhe benefit o(lhe hairs, assigns and successors ln Inlsrssl lo Ihe parvsrx 20. TAX INCREASEr In lhe event there Is any increase during sny year of Ihe lenn of this lease In the Oily, County or Slate real eslsle taxes over snd above ihe amount of such texas assessed for \he lax year during which the torm of this lease commences, whethw because of Increased rate or veluagon, Lessee shay pay lo Lessor upon presentation of paid tsx bkls sn amount equal to 190% of the Incmsse in lsxes upon Ihe tant and bugdlng In whIch the leased prernlses ars skusled. In the avant thai such (exes are assessed tor a tax year exlsndlng beyond lhe term o(lhs lease, Ihs obggsgon of Lessee shag be proporkonsle to the porNon of the lease term Included In such year. 30. COST OF LIVING INCREASE: The rent provkled for In paragraph 2 shaN be ad)usted elfecUve upon the Erst day of lhe month Imnedlatsty fogowlng tho explmgon of ' menthe from date of commencement of Ihe term and upan the explrsUon of each- months Ihersattsr In accordance with changes In Ihe U 8. Consumer pdce Index (or AN Urban Consumers (1002~ ~ 100) herelnafler caged the "CPI.'he montNy mnt shall be Inoreased to sn amount equal to the monthly rent set forth in paragraph 2 muNpNsd by a fraction Ihe numerator of which h ihe cp( for the second os(ender month knmedlalsly preceding ths adjustment dale 'and the denominator of which Is Ihe cp( for the 2m calendar month preceding Um commencement of lhe lease term. provided, however, in no event shall the monthly rent be less than Ihe «mount ssl forlh ln pars. 2, 3'I opyloN To RBNEvth provided that Lessee Is not In default In Ihe pettormance of this lease, Lessee shall have Ihs option lo renew the lease for an addNlonal term ofart mes.. sse addendum "A" months commencing al Iha explraUon of the InlUal lease term AN of lhe lerms and oomkgcns of Ihe lease shell apply durtng the rsnevml term except thai the monthly rent shag be Ihe sum of 8 which shag be ad)usted tn accordance with Uts coal of Ifvlng increase provision est forth In paragraph 30. The option shaN be oxsrdsed by wrtUen notice given lo Lessor nol less Ihsn ao days prior to the expiration of the Inklal lease tenn. If nogce ls not given In the mannerprovided herefn wkidn the Ume spetdUsd. this opUon shall expire. 32. LEUSCR'8 LIABILITY: Tho term "Lessor: ee used In this paragraph, shag mean only the owner of the teal properly or a Lessee's Iptsmsiln a ground lease ofthe ptsmlseL tn the event ofany Iransfer of such tNe or fntsrest, the Lessor named herein (or the grantor ., tn case of any subsequent transfers) shag be rekeved of ag Nab lgly related to Lessor's obygat(one to be performed a(ter such Irons(sr.. Provided, however, Ihsl any (unds ln Ihs hands of Lessoror Grantor at tho Nme of such transfer shag be degversd to Grantee. LassoYe a(orssald obggatlons shag be binding upon Lasso(Vr successors and assigns only during their respective periods of ownership. 33, ESTOPPEL CERTIFICATE: (a) Lessee shall st any time upon not less than ten (1 0) days'riorwritten notice from Lessor execute, acknowledge and dsgver fo Lessor a statement In writing (1) csrgfylng that Ihts Lease ls unmodified and In full foroe and egect (or, It modlNed, stating the nature of such modMoatlon snd csrlltylng that Ns Lease, as'so modgled, Ls ln (ug force and effsot). the amount of any security deposk, and the date lo which Ihs rent and other charges are paid In advance, If any, and (2) acknowledging that there are not, to Lessssls knowledge, any uncured defsugs on the pmt of Lessor hereunder, or sprxx(Ting ouch defaults If any are olalmed. Any suoh sta(amen(may be conoluslvely mged upon by any pmspectlve purchaser or encumbrancer In lhe pmmbes. Ur) At Lessor'pgon, Lessee's fagure to deliver such statement within suoh lkne shalt be a material breaoh of this Lease or shall be conclusive upon Lessee (1) that Ibis Lease is In (ull force and effect, wShout modgloagon except as may be represenlad by Lessor, (2) that there ere no unowed defsugs In Idssor's performance, and (3) that not more then cna month's mnt has been paid In advance or such fagure may bs consfdsredby Lessor as a defauU by Lessee under Ihis Lasso. (o) It Lessor desires to finance. regnance, or ssg Ihe Pmrnlses, or any pert thereof, Lessee hereby ogress to dsUver io any lender or purchaser designated by Lessor suclt financial statements of Lessee as may be reasonably required by such lender or pumhaser. Such stsiemenbf shag Inc(ude the pasl three years'inancial etslemenls of.Lessee. AN such Nnsmdal stalemenls shag be moelved by Lessorsnd such lender or purchaser ln confidence snd shag be used only for the purposes herein eet forth. 34. COMMO)I AREA EXPEN8ES, ln Ihe event the dstnlsed premises srs situated In a shopping center or In a commerolal buydlng In which there ara common arses, Lassos agrees lo psy hts pro-rata share o( mala(sconce, texas, and insurenos (or the common 30, ADDENDUM: An addendum, signed by the parges, "/ah attached, 0 ls not aUached hereto. See aUachad addendum "A". 30. ENTIRE AGREEMENT: The foregoing consglules lha entbe agreement between Ihe parties and maybe modNsd only by a wrtUng signed by boih pa(gas. Ths fogowlng ExhlbUs, lfany, have been made 0 par( of this kmse before tha pargee'execuUon hereoF. Tbo undersigned Loeeeo hereby acknowledge recolpl of a copy ho roof. DATED: Lessee MANUEL MORSNO PRODUCE sndtor MANUel. MORENO ALVAREZ 1 776 Monroe St, Aplt Sents Clare, OA 05050 408-592-8933 CELL ematb ntntonogttrntlttcel SNIrnafl.corn Tho undersigned l.essor hereby aoknowledgss receipt of a copy heroof. DATED: Sloven McFsrlsnd, Owner, "MoFsrlsnd-Gregereon'283 Nigh Meadow Court 8an Jess, CA 95138 408/309.2730 cell 4089044869 fsx Emalb firstname.lastname@example.org Tho undersigned Lsssoo horsby acknowledge rooolpl of a copy horoof. Lessee MANUEL MORENO PRODUCE end/or MARVELMORENO ALVAREZ 1770 Monroe Sl, Apt1 Sonle Clam, CA 95050 408-692-8833 CELL smelt: murcnOapfndt/COI5Qattntatl~m The understgned Lessor hereby aoknowledgeo receipt of a copy hereof, Steven MoFarland, Owner, Moparland®ereon"0283 Htgh Meadow Court Ssn Jose, CA 96135 408/309-2729 cell408 904 4889 fax Emalb fraudprotiaot.corn yi t Ok.o pro EXHIBIT BI I SUBLEASE AGREEMENT This is an agreement to sublet real property (hereinafter known as ths "Subteass') between IÃoreno Produce (hereinafter known as the "Sublessor") and NICOLAS L, FRAICDSEM(hersinattsr known as ths "Sublessee"). The Sublessor agrees to sublet, and the Sublessee agrees to take possesston of the property located at: 1088 South 6'" Street, San Jose, CA 96112, Front Offices Only. (hereinafter known as the "Premises") under the following tenne andcoditions.'. Term. Tenancy of this Sublease shall begin with the Sublessee taking possession on the 1ST day of AUGllST on the 31ST day of JULY circumstances shall there be holdover by the Sublessee. ,20 'l0 and ending ,20 20 . Under no II. Rent. The rent under this Sublease shall be 3 2.060 (US Dollars) payabte on the first day of every Month. The rent shall be paid in the following manner. CASH/CHECK , lfanyrents received by Sublessor exceed the rental equivalent or square footage amount Sublessor pays to Landlord under the Master Lease, Sublessor shall remit 60% of the collected amounts to Landlord on a monthly basis, III. Utillttes. The Sublessor agrees to pay for the following utilities: ELETRIC 4 QIATER f+ 8250) All other uttllties shall be the responsibility and expense of the Sublessee. IV, Liability, Sublessee agrees to surrender and deliver to the Sublessor the premises induding all furniture and decorations within the premises in the same condition as they were at the beginning of the term with reasonable wear and tear accepted. The Sublessee will be ilabte to the Sublessor for any damages occurring to the premtses, Page 1 of4 the contents thereof, the living areas, Including any common spaces. All actions conducted by eny guests of ihe Sublessee are the responsibility and liability of the Sublessee. V. Security Deposit, The Sublessor shall require a Security Deposit ln the amount of $2.000 (US Dollars) that will be paid at the beginning of the term. Any damage or repairs needed at the end of the term due to the Sublessee shall be credited against the Security Deposit. Any reason for retaining a portion of the Security Deposit shall be explained in writing when returning the funds to the Sublessee. The funds shall be sent to the Sublessee within days after the Sublease has ended with the Sublessee vacating the Premises along with their possessions. VL Iyiove-In Checklist At the time of taking possession of the premises by the Sublessee, the Sublessor and Sublessee: 0 shall fill-in a move-in checldist. Cl shall not fill-in a move-in checklist. Vll. INaster Lease. This Sublease must follow and is subject to the original lease agreement between the Sublessor and Landlord, a copy ofwhich has been attached, and ls hereby referred to and Incorporated as if it were set'out here at length. The Sublessee agrees to assume all of the obligations and responsibilities of the Sublessor under the original lease for the duration of the Sublease. Vill. Dieputee. If a dispute arises during or after the term of this Sublease between the Sublessor and Sublessee, they shall.agree to hold negotiations amongst themselves before any litigation. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to ail costs incurred in Page 2 oi4 connection with such action, Including a reasonable attorney'a fee. Venus for any hearing'shall be Santa Clara County, CA. X. Written Agreement. Thl's Sublease constitutes the sole agreement between the Sublessor and Sublessee with no additions, deletlons, or rnodiflcstlonS that may be accomplished without the written consent of both parties (ANY ORAL REPRESENTATIONS MADE AT THE TIME OF EXECUTING THIS LEASE ARE NOT I.EGALLY VALID AND, THEREFORE, ARE NOT BINDING UPON EITHER PARTY) .. XI. Language. The wor'ds "Sublessor" and "Sublessee" as used herein Include the plural as well as the singular; the language ln this Sublease intends no regard for gender. Xll. Ortginal Copies. Each signatory to this Sublease acknowledges receipt of an executed copy thereof. XIII. Governing Law. This Sublease shall be bound to the laws In the Stats of California. XIV. ORDINANCES AND STATUTESSublessee shall comply with all statutes, ordinances and requirements of ail municipal, state and federal authorities now In force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. The commencement or pendency of any state or federal court abatement proceeding affecting the use of the premises shall, at the option of the Lessor, be deemed a breach hereof. XV. INSURANCE: Sublessee, at his expense, shall maintain plate glass and public liability insurance including bodily injury and property damage Insuring Lessee and Lessor with minimum coverage as follows: . Minimum $2 million liability plus all contents. Landlord must be named as an additional insured. Psgesof4 Lessee shall provide Lessor with a Certificate of Insurance showing Landlord as additional Insured. XVI. INDEMNIFICATION OF LANDLORD: Landlord shall not be liable for any damage or injury to Sublessor or Sublessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Sublessor and Sublessee agrees to hold Landlord harmless from any claims for damages, no matter how oaused. XVII. Date & Signature. The parties hereby bind themselves to this agreement with their authorization affixed below on the day of 20 PrintNdi Co&ubiessee's Signature Print a.l..r.sr,.at.,d/dross d //Jsv ( Print 444~~JM+W Subl ssee's Sl ture(d) Date 'andlord's Consent I hereby give my consent to subletting of the above-described premises as set out in this sublease agreem Landrorrrs dtgnatars /i2vM 8) trots 7. $(r 8/'f Steven rdonarlanddMrdtirfand-Grsgsrson ORIGINAL LEASE ATTACHED (INITIAL) Kt.g(z p g~ -~f n dd P Q~ / CITY OF SAN JOSE - INSPECTION NOTICE Department of Planning, Btflldlng and Code Enforcement 200 E. Santa Clara Street, San Jose, CA 95113 Owner: Mailing Address: Occupant: Case No: Violatloa Addtess: Inspection Date: Corrocfton Due Datet GRBGBRSON COMPANY LLC 0285 HIGH MBADOWS CT SAN JOSS, CA 95 f95 2BNANT OCCUPIBD 2019 I f 502 1098 S 6TH ST FEBRUARY 10, 2020 SBB PAGB 2 Pago I of2 AN INSPBCTION OP THB PRQPBRTY PQR WHICH YOU ARB RllSPONSIBLB HAS IDBNTIHBD TBB POLLOWINQ VIOLATIONS OP THB SAN JOSS MUNICIPAL CODE: Code Section Vtotnttons and Corrections Required Compliance Contlrmed 2401.130 2402a00 Compliance tvlth Title Provisions Required (Building Code) It shdf be unlatvM for any poteen to erect, construct, enlarge, alter, repah; tnuve, hnprove, remove, oerven, demogsb, equip, ase, occupy or maintain mty building or shuoturc ia the City, or cause or permit or suffer the same fo bo done, ht violation ofthis title or in violation ofany of tbo provisions of thc Codes adopted hereunder. Permits Itcqulrcd No buffdfng, struoture or buildhg smvice equlpmont regulated by thh Title 2t of tho Munlolpal Code and the technical codos shall be erected, constructed, enlarged, altored, repahod, moved, hnproved, removed, converted, or dtanolfshcd unless a sepamte, apfnoprlate pennlt fur oaoh buifdhqt, structure or building service equipmenthas Brstbeen obtained Rom the Building OIBciah HORNING FAILURE TO CORRECT ALI, VIOL ATIoNS LISTED Eq THIS NOTICP BEFoRL THF. REINSPECTION DATE ABOVE, IHAYRESULT INISSUANCE OR A COMPLIANCE ORDER THAT COMB RESIILT IN ADMINISTRATIVE PENALTlRS UP TO $2,500 PER DAY FOR EACH VIOLATION IINTIL COMPLIANCE IS ACHmVRB AS VtrELL AS THE ASSESSMENT OFALL ADMINISTRATIVE COSTS, CITY OF SAN JOSE - INSPECTION NOTICE Department of Planning, Building and Code Enforcement 200 E. Santa Clara Street, San Jose, CA 95113 VIOLATIONS Page 2 of2 Subjectproperty fs n Commorolal building loostcd in tho Commerolal I'edeslrlan Dlstrict (CP). Roperty contains unperndtted constructiou diat was installed without Building approvals. Extent ofcoustruclion includes but ls not Ihuited to: ~ Lolt at top oftho stairs hss been subdivided hto 2 rooms with Partitio walls / c&nrentty vacant Utility sink and A/C unit installed Pmtitimi walls et&icted to subdivide area into 5 rooms, a stcmge room, breakroom, work aren, 2 bstbromns, a shower room, lobby area and a bedroom. New water hester installed ~ Partition wall erected at top ofinterior stshway ibr separation between tbe north and south wing of warehouse ~ installatloa ofa walk-lu cooler CORRECTIONS REOUJRED. l. On or before May 6, 2020, submit tin sets ofplans to the Building Cods Compliance Inspector, Tho plans shall address the building violaaons noted above and &utlect an attempt to olther mmove «B unpeimltted work cr attempt to permit. Pious must inoh&de alto plan as well ns a scope ofwork describing all work to be done at the property. These plans must be approved by Cods Enforcement prior to submittal to tho Building Deparbnent..Contact the Codo Complhnce hispector by email at Bug<naCodcComnttanqttitcafossoa.nov to schedule phn ohcck sppoiatment or for any questions pertabdng to plan requirements. "CC" Inspector Dcuald Timoteo tduut&td.tlmo&ee&assnicsecs.aoo) on all correspondences, 2, On or before Msy IS, 2020, submit tho npproved plans to the Chy of San Jcso Building Department to obtain the required building pemdts to correot the noted violations. Tho Buildbig Departmentmay require a more detailed set ofplans prior to permit issuanoe and all associated fees must be paid. 2, on or before.rune 3, 2020, obtaia tho requiredpertnits Issued by the city ofsan Jose Building Departmen Building pemdts will be IssI&ed ager plans are approve, any/all clearanccs are obtained and all associated fces a&u paid. 4. On or before September I, 2020& complete all work assootated with building permit and obtain a final oloaranco Inspectiort The property will bo ln compliance once the perml1 Is ihaled, hfa&ch 2. 2020 Date ofNotice 14081333-7617 Phoae tt WANVIN6'AILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS NOTICE& BEFORE THE REINSPECTION DATE ABOVE) MAX RESULT IN ISSUANCE OF A CO2IPLIANCE ORDER THAT COULD RESULT IN ADMINIBTRATTVE PENALTni8 UP TO $2500 PER DAX roa rACH VIOLATION UNTIL COMPI IANCE JS ACHIEVED AS VrELL AS THE ASSESSMENT OF ALL ADMINISTRATIVE COSTS.