Laserfiche WebLink
LAW OFFICES <br />3900 NewPark Mail Road, Third Floor <br />Newark, California 94560-5242 <br />Telephone (510) 791-1888 <br />Facsimile (510) 791-8008 <br />May 23, 2017 <br />PDFAttachment Sent Via Email @ tim2cmlawo rces.com and By Mail <br />Terry J. Mollica, Esq. <br />Chiarelli & Mollica LLP <br />2121 N. California Blvd., Suite 520 <br />Walnut Creek <br />•s, <br />Re: Holly Commerce Center, LLC/Bert Valdez Recycling Unlimited International, LLC <br />Dear Mr. Mollica: <br />This is to inform you that Bert Valdez and Recycling Unlimited International LLC (collectively, <br />the "Tenant") will surrender possession of the premises commonly known s 20500 Holly Drive, <br />Tracy, California (the "Subject Property") under the terms of that certain June 2016 lease (the <br />"Lease") of between Holly Commerce Center, LLC (the "Landlord") today on Tuesday, May 23, <br />2017 effective at noon. <br />Tenant is forced out by the continuing breaches of the Lease by the Landlord, including, but not <br />limited to, the breach of quiet enjoyment and breach of the implied covenant of good faith and <br />fair dealing. These covenants excused the Tenant from paying rent. (See, e.g. Civ. Code, <br />§1927) The Tenant further disputes the validity of the 5 -Day Notice to Pay Rent Or Quit (the "5 - <br />day Notice") as the parties had agreed to waive and defer the issue of rent payment pending <br />negotiations for an alternative site after Landlord improperly exercised a notice for relocation <br />under Section 1.1 of the Lease on March 31, 2017 (the "Relocation Notice"). And for February <br />and March, 2017, the Landlord had waived rent due to the flood that prevented entry onto the <br />site. The Lease requires that the Tenant agree to a relocated site which shall not be <br />"unreasonably withheld." The Landlord though never provided a reasonable alternative but two <br />unreasonable alternatives which the Landlord knew or soon became aware were unacceptable. <br />For this reason, there was no prior notice to quit the Subject Property until it was issued in <br />H:\FILES\V038.01\Correspondence\Letter to Terry Mollica 5.22.17.wpd <br />