LEASE AGREEMENT

THIS AGREEMENT made and entered into this 7th Day of September 2021, by and between
IRVINGTON PRESBYTERIAN CHURCH and THE PRESBYTERY OF SAN FRANCISCO, both non-profit
California corporations, and a non-profit California religious corporation (hereinafter referred to as
“LANDLORD”) and THE MISSION PEAK CHAMBER SINGERS (which is an entity comprised of the
Mission Peak Chamber Singers and the East Bay People’s Choir (“People’s Choir”), a nonprofit
organization (hereinafter referred to as “TENANT”).

WHEREAS, THE PRESBYTERY OF SAN FRANCISCO is the owner of certain real property
hereinafter described; and

WHEREAS, IRVINGTON PRESBYTERIAN CHURCH has certain interests and rights in and to said
real property and the use thereof by virtue of its relationship to THE PRESBYTERY OF SAN FRANCISCO.

WHEREAS, THE Mission Peak Chamber Singers, a Nonprofit Public Benefit Corporation in the
State of California, desires to use said real property solely for Concerts, Practice and Fellowship
purposes, NOW, THEREFORE, the parties hereto agree as follows:

1. That subject to and upon all the terms and conditions hereof, LANDLORD does hereby rent unto
TENANT the real property located at 4181 Irvington Ave., Fremont, CA 94538, as follows:

Tuesday Sanctuary 6:45 to 8:30 P.M.

Social Hall 6:45 to 9:45 P.M.

Additionally, there will be two concerts for the MISSION PEAK CHAMBER SINGERS’ East Bay
People’s Choir in the Sanctuary with receptions in the Social Hall per year at a cost of $30.00 for
each concert, and to be paid to LANDLORD at the time the IRVINGTON PRESBYTERIAN CHURCH
Facility Use Request Form is submitted.
The lease term shall commence on September 7, 2021, through November 30, 2021, and
January 4, 2022, through May 31, 2022, ending on May 31, 2022.
TENANT agrees to pay to LANDLORD the total sum of $2,625, payable as follows: $291.66 in
nine (9) equal installments on or before starting day and continuing each month thereafter on or before
the 1st of each month, up to and including 5 th day of the month. Monthly rent is payable in advance and
without notice or demand, and without any deductions or offset of any kind. Payment shall be made
payable to IRVINGTON PRESBYTERIAN CHURCH and delivered to its office at 4181 Irvington Ave.,
Fremont, CA 94538 or mailed to PO Box 1336, Fremont, CA 944538, on or before the 1 st of each month.

In addition to the monthly rent, TENANT shall pay LANDLORD a late fee of $50.00 for each monthly
rental payment not received by LANDLORD by the 5 th day of the month. If monthly rent is not received
by LANDLORD by the 15th day of each month, TENANT shall pay to LANDLORD, in addition to the
monthly rent and $50.00 late fee, an additional $10.00 per day for each and every day as of the 15 th day
of each month, until such time that the monthly rent is received by LANDLORD.

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 LEASE AGREEMENT

If TENANT desires to use any portion of the real property, other than the use as specified in this
paragraph, TENANT shall obtain LANDLORD’s prior consent to such use, and TENANT agrees to pay to
LANDLORD at a rate of $70 per hour for the social hall and $90 per hour for the sanctuary.

TENANT agrees to pay to LANDLORD $200.00 in addition to the additional rent specified above, for any
additional use of the real property by TENANT, without LANDLORD’s prior consent.

2. TENANT shall have non-exclusive right to use the common areas of the real property located at
4181 Irvington Ave. The common areas to include, sidewalks, parking lots and restrooms in the Social
Hall as well as the handicapped restroom located at the back of Room 2. Parking in the main lot is
available on a first come first served basis. There are no storage facilities on the campus. However, a
cabinet in the Social Hall is available to USER during the term of the lease. At times, because
the social hall is used for the Wednesday morning breakfast, there may be tables with food for
distribution on the sides of the hall. If these are removed, they will need to be replaced for the
Wednesday breakfast.
3. TENANT shall pay to LANDLORD a onetime security deposit, equal to one month rent of $291.66.
LANDLORD may apply the security deposit to any unpaid monthly rent, penalties, and damaged owed by
TENANT. TENANT shall replenish such deposit within 10 days’ notice by LANDLORD. No interest will be
paid on the security deposit. LANDLORD is not required to keep security deposit separate from their
general fund. Any remaining security deposit will be refunded to TENANT upon 30 days following
termination.

4. TENANT shall use the premises solely for rehearsals, concerts, and fellowship. TENANT shall not
use, or permit said premises, or any part thereof, to be used for any purpose or purposes other than the
purpose for which said premises are hereby rented. TENANT understands that the property is per the
building codes at the time it was built and has not been inspected by a Certified Access Specialist and
has not been determined to meet all applicable construction related accessibility standards pursuant to
Civil Code Section 5353, or to operate a church worship service. TENANT may have the Premises
inspected at TENANT’s sole cost to determine whether the Premises comply with all the applicable
construction related accessibility standards under state law.

TENANT shall not do or permit anything to be done in or about the premises or bring or keep anything in
the premises that will in any way increase the rate of fire insurance upon the building in which the
premises are situated. TENANT shall not perform any acts or carry on any practices that may injure the
building of which the premises form a part or be a waste, or a nuisance, nor shall TENANT make any
alterations thereon without the written consent of LANDLORD. TENANT shall be responsible for the cost
to repair any damage to the facilities and furnishings caused by TENANT’s use, including damages by
TENANT’s employees, clients and their guardians, guests and invitees. TENANT shall report any damage
incurred immediately to LANDLORD. TENANT agrees to work in a timely manner to resolve any damage
or needed repairs by promptly filing a claim with the TENANT’s insurance company. LANDLORD agrees
to provide reasonable estimates for such damage if repair is requested.

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 LEASE AGREEMENT

Conditions Associated with the Use of the LANDLORD’s real property:

TENANT shall not change any lock without LANDLORD’s written consent.
The kitchen is not to be used.
All children are to be supervised by a parent or other adult (18 years of age or older) authorized by
child’s parent.
After each day use of facility:
- All spills must be wiped up and items brought in must be removed and taken away
or discarded in the BFI containers located to the left of social hall.
- All chairs and tables used must be cleaned and returned to their original position or
appropriate storage space.
- All doors must be checked and locked; all windows must be closed and locked.
- All lights must be turned off and draperies closed.
- All heating and fans must be turned off.

5. TENANT shall, at its sole cost and expense, comply with all of the requirements of all municipal,
city, state, federal authorities now in force, or which may hereafter be enforced, pertaining to said
premises and real property, and shall faithfully observe in the use of the premises and real property all
municipal ordinances, local, state and federal statutes now in force, or which may hereafter be
enforced. The Judgment of any court or competent jurisdiction, or the admission of TENANT in any
action or proceeding against TENANT, whether LANDLORD is a party thereto or not, that TENANT has
violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as
between LANDLORD and TENANT.

6. TENANT shall not, without the prior written approval of LANDLORD, make any alterations,
improvements or additions in or about the Premises. Tenant shall not install anything on the roof,
without Landlord’s consent in writing. The LANDLORD has the right to require TENANT to remove any
alterations, improvements, or additions at the expiration of the lease, and to restore the Premises to its
prior condition. If LANDLORD so chooses and gives written notice of their choice at least 10 days prior to
the last day of this lease then TENANT at its sole cost, shall restore the Premises to the condition
designated by LANDLORD in its notice before the last day of this Lease.

On the last day of the term hereof, or on any sooner termination, TENANT shall surrender the Premises
to LANDLORD in good condition, broom clean, ordinary wear and tear excepted.

7. TENANT shall maintain during the term of this Lease at TENANT’s expense, an all risks insurance
policy that holds both IRVINGTON PRESBYTERIAN CHURCH and THE PRESBYTERY OF SAN FRANCISCO
harmless against all risk without any exception in companies through brokers approved by LANDLORD to
protect against liability to the public incident to the use of or resulting from any acts occurring in or
about said premises. The liability limit under said insurance is to be not less than TWO MILLION
DOLLARS ($2,000,000.00) for each occurrence for either personal injury or property (real and personal
property) damage, and THREE MILLION DOLLARS ($3,000,000.00) in the aggregate. This policy shall
include non-owner automobile coverage, and shall be provided on comprehensive liability forms, and
shall insure the contingent liability of LANDLORD. TENANT shall furnish LANDLORD with a certificate of
the insurance carrier attesting to the issuance of such policy, and LANDLORD shall be listed on such
insurance policy as additional insured. The policy of such insurance shall provide that such policy will
not be terminated by the insurance carrier on less than thirty (30) days’ prior notice to LANDLORD.

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 LEASE AGREEMENT

TENANT shall promptly advise and have the insurance carrier advise, LANDLORD of any changes in,
additions to, or termination of any such policy, and upon termination of such policy, TENANT will
forthwith provide a new such policy under the terms and conditions herein set forth.

Note: Insurance to include Improper Sexual Contact in the amount of $1,000,000 per occurrence and
$3,000,000 Aggregate.

8. This Lease is made upon the express condition that LANDLORD is to be free from all liability and
claims for damages by reason of any injury to any person or person, including TENANT, or property of
any kind whatsoever, and to whomsoever belonging connected with the demised premises. TENANT
shall indemnify, defend, and hold harmless, LANDLORD, and their respective employees, members,
officers, agents, attorneys, and representatives (“Indemnitees”) against all liability, demands, claims,
costs, losses, damages, recoveries, settlements, and expenses, including interest, penalties, attorney
fees, accounting fees, incurred by Indemnitees, known or unknown, contingent or otherwise, directly or
indirectly arising from or related to this Lease and the use of the premises, and real property,
contemplated by this Lease.

TENANT shall forthwith notify LANDLORD, in writing with a full description of the facts and with a map
or plate attached, of the place, circumstances, nature and results, and names and addresses involved
about any occurrences on the demised premises which involve any injury to person or property and will
provide LANDLORD promptly with copies of any claims for damages of any sort, including complaints in
any court or governmental actions involving such claims.

9. LANDLORD shall have the right to enter the demised premises at reasonable times for inspecting
same and carrying out their obligations under this Lease.

10. If default be made in any of the agreements, covenants or provisions herein contained on the
part of TENANT to be performed or fulfilled and such default shall continue for thirty (30) days after
written notice thereof to TENANT, LANDLORD shall have the option to declare this Lease forfeited and
the same shall thereupon become null and void and shall entirely cease and terminate without further
notice, and LANDLORD may then re-enter and take possession of said premises and the whole thereof.

11. TENANT shall not assign, sublet, or allow any other person(s) or organizations to occupy or use
all or any part of the leased premises, without the prior written consent of LANDLORD, whose discretion
may be reasonable or unreasonable. A consent to one assignment, subletting, occupation or use by
another individual or organization, shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another individual or organization. Any transfer of this Lease from
TENANT by sale of LLC or any interest of members in the LLC, or by merger, consolidation or liquidation,
shall constitute an assignment for purposes of this this Lease.

12. This Lease shall not be transferable without prior agreement of the respective parties hereto.

13. If TENANT shall remain in possession of the premises after expiration of this Lease without
executing a new Lease, the terms and conditions of this Lease will continue monthly, until terminated by
either party. LANDLORD and TENANT agree to negotiate changes to new lease language in a timely
manner.

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14. TENANT agrees to provide the following documents to LANDLORD :

1. Copy of articles of incorporation

2. Copy of letter confirming federal tax identification number
3. Copy of the federal exemption determination letter
4. Copy of their state exemption determination letter
5. Street address and mailing address.
6. Phone number or email for contact person

15. This lease is conditional upon the understanding that The MISSION PEAK CHAMBER SINGERS
is an incorporated 501 (c) (3) organization with a current IRS determination letter attesting to their tax-
exempt status. A copy of that IRS determination letter shall be given to Landlord prior to occupancy by
TENANT. Should LANDLORD incur any property tax increase or loss of property tax exemptions due to
the tax-exempt status of TENANT, then TENANT agrees to pay LANDLORD that additional amount due
for the term of the tenancy of TENANT. Because of Assessor’s filing deadlines and review of church
users, such an increase may come after the end of the tenancy of TENANT for their use of the site, and if
such occurs, TENANT agrees to reimburse LANDLORD within 30 days from presentation of a bill for an
increase in property tax (or a loss of a tax-exemption) due to the TENANT.

16. No waiver of any breach, any failure of a term or condition, or any right to remedy contained in
or granted by this Lease will be effective unless it is in writing and signed by the party waiving the
breach, failure, right or remedy. The waiver shall not be construed as a waiver of any subsequent
breach or failure of the same term or condition or a waiver of any other term or condition of this Lease.

17. The prevailing party to any action, in law or in equity, shall be awarded reasonable attorney fees
and costs, in addition to any other remedy.

18. This is the entire agreement between TENANT and LANDLORD concerning the use of the leased
premises. Any amendments to this Lease shall be in writing and signed by the parties. This Lease shall
be governed and construed under California law.

IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date and year first above
written. Nothing in this Lease shall create any relationship between the parties other than Landlord and
Tenant.

IT IS AGREED AS WRITTEN ABOVE:

TENANT LANDLORD

Signature: ________________________________ Signature: _____________________________

Date: ________________________________ Date: _____________________________

By: Lisa Lahowe By: Mustapha Baksh

President Buildings and Grounds, Chair

MPCS Board of Directors Irvington Presbyterian Church