HomeMy WebLinkAboutDevelopment Associates , Inc.
Augusta Richmond GA
DOCUMENT NAME: cie>Jdq:roen-\- A~SOC)ll-\eS, \nc.
DOCUMENTTYPE:~X~~
YEAR:CX)
BOX NUMBER: \ \
FILE NUMBER: \S03 \
NUMBER OF PAGES: 3D
I
AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
JAMES B. WALL
CITY A TIORNEY
P. O. Box 2125
454 GREENE STREET
AUGUSTA, GEORGIA 30903
Bus, (706) 821-2488
Fax No. (706) 722-5984
E-Mail: Jwall@co.richmond.ga.us
September 20, 2000
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY R. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
CHARLES R. OLIVER, P E, CPA
Admlnlstrator
WM. "WILLIE" H. MAYS, Dr
Mayor Pro Tern
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: Lease Agreement
Development Associates, Inc.
Bay Street - Augusta Utilities Department
Dear Lena:
Please include the original of the above referenced lease in the City's permanent
records.
Thanking you, I am
Yours very truly,
q.~
James B. Wall
JBW/sjp
Enclosure
04. " .
LEASE AGREEMENT
THE STATE OF GEORGIA
COUNTY OF RICHMOND
THIS LEASE AGREEMENT, made and entered into at Augusta, Georgia, on this
(V~:" day of ~~ , 2000.
hereinafter referred to as "Lease", by and between DEVELOPMENT ASSOCIATES, INC.
hereinafter referred to as "Landlord",
and AUGUSTA, GEORGIA hereinafter referred to as "Tenant", without regard to
number or gender.
WITNESSETH:
1. LEASED PREMISES:
A. In consideration of the rents herein provided, and the terms, provisions, and covenants
hereof, Landlord hereby leases, lets and demises to Tenant, the following described
premises (referred to in this Lease as "leased premises") situated in New South Building
("Building"), located at 360 Bay Street, in the city of Augusta, Georgia, more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference.
B. The net rentable area of the Building shall be determined by measuring each floor
from the outer surface of the outer wall of each floor to the outer surface of the opposite
outer wall and shall include all area within the outside walls less areas used for elevator
shafts. In the case of a single tenancy floor of the Building, net rentable area of such
leased premises shall be determined by measuring from the outer surface of the outer wall
enclosing the leased premises to the outer surface of the opposite outer wall plus a
proportionate share of the Building Common Areas. In the case of a tenancy covering less
than a full floor, the net rentable area of such leased premises shall be determined as
above, but shall include a proportionate share of the Building Common Areas and Floor
Common Areas and shall be measured from the outer surface of the outer wall to the
center of party walls and/or hallway partitions. The number of square feet of net rentable
area comprising the leased premises shall be the number hereinafter specified, which
space is shown on the floor plan attached hereto and designated as Exhibit "B" attached
hereto and incorporated herein by reference.
C. The term "Floor Common Areas" shall mean all those common areas that are primary
to the benefit of those tenants on a single floor. The term "Building Common Areas" shall
mean all common areas that are not Floor Common Areas.
D. The net rentable area in the leased premises has been calculated on the basis of the
foregoing definition and is hereby stipulated for all purposes hereof to be the space as
.. ..
designated on Exhibit "B", whether the same would be more or less as a result of minor
variations resulting from actual construction and completion of the leased premises for
occupancy so long as work is done in accordance with terms and provisions hereof. In the
event of an expansion or contraction of the Building, the Building net rentable area shall
be predetermined.
2. TERM:
Subject to and upon the conditions set forth herein, the term of this Lease (hereinafter
referred to as the "Term") shall commence on October 1,2000, hereinafter referred to as
"Commencement Date") and shall end on September 30, 2003, hereinafter referred to as
"Termination Date") unless sooner terminated as hereinafter provided. Tenant shall have
three I-year options to renew at a rate based on the Consumer Price Index as set forth in
paragraph 31 hereof.
3. POSSESSION AND USE:
A. In the event the leased premises shall not be completed and ready for occupancy on the
Commencement Date or in the event Landlord is unable to deliver possession on such
date by reason of the holding over or retention of possession by any tenant or Occupant,
this Lease shall nevertheless continue in force and effect, but monthly rental (as
hereinafter defined) shall abate until the leased premises are ready for occupancy or until
the Landlord is able to deliver possession, as the case may be, and Landlord shall have
no other liability whatsoever on account hereof; provided however, there shall be no
abatement ofmontWy rental if the leased premises are not ready for occupancy because
of the failure to complete the installation of special equipment, fixtures or materials
ordered by Tenant or because of any delays resulting from Tenant's failure to promptly
submit plans in accordance with Exhibit "B" and/ or Exhibit "c" or resulting from
changes or additions to Tenant's plans after the initial submission thereof.
B. Tenant shall, at no monthly expense, be permitted access to the leased premises prior
to occupancy for the purpose of installing phone and computer lines, moving furniture
and making other necessary preparations for occupancy during the 2 months preceding
the commencement date of said lease. Tenant may also take possession of the leased
premises or any part thereof prior to the Commencement Date (which Tenant may do
with Landlord's prior written consent), in which event all of the covenants and conditions
of this Lease shall be binding upon the parties hereto. Tenant's rent for the period of such
occupancy prior to the Commencement Date shall not exceed the monthly rent set forth in
Section 4 hereof prorated for such period of occupancy and, if less than the whole leased
premises are occupied, for the proportionate area of the total leased premises so occupied.
C. During the term of this lease, Tenant shall continuously use and occupy the leased
premises as executive business offices and for no other purpose.
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4. MONTHL Y RENTAL AND SECURITY DEPOSIT:
A. Tenant shall pay in coin or currency which, at the time of payment, is legal tender for
private or public debts in the United States of America, a monthly rental of ("monthly
rental") SIX THOUSAND TIDRTEEN AND 33/100 DOLLARS$6,013.33) per month
on or before the fIrst day of each and every month during the Term, without any set-off or
deduction whatsoever, except as provided in paragraph 5 of Exhibit C. If the Term
commences other than on the first day of a month or ends other than on the last day of the
month, the monthly rental for such month shall be prorated. The prorated monthly rental
for the portion of the month in which the Term commences shall be paid on the first day
of the rust full month during the Term. The monthly rental shall be subject to adjustment
as hereinafter provided. If the monthly rental payment is not received by Landlord on or
before fifteen (15) days following the due date, said base monthly rental payment shall
be in default. In the event Tenant does not make payment of the monthly rent within
fifteen (15) days of the due date, said payments shall be declared to be in default and
Tenant shall have fifteen (15) days in which to cure same following reasonable notice.
B. Tenant shall not be required to pay any security deposit to Landlord.
5. LANDLORD IMPROVEMENTS:
Landlord will install or cause to be installed in the leased premises, at Landlord's
expense, the improvements specified in Exhibit "B" and/or "C" hereto. All other or
additional improvements to the leased premises shall be installed at the sole cost and
expense of the Tenant either by Landlord, or by contractors, subcontractors or other
person selected by Tenant and approved in writing by Landlord, which approval shall not
be unreasonably withheld. The improvements, including partitions shall be in accordance
with the floor plan and its specifications agreed to by the parties and made a part hereof
by reference, which floor plan is to be approved and signed by the parties hereto prior to
the commencement of construction thereof.
6. LANDLORD SERVICES:
Subject to the terms and provisions of this agreement, Landlord will provide the
following services:
A. For all public areas and special service areas to the building:
1) Electric current for lighting and for nominal building maintenance and operations
usage, and
2) Electric lighting and gas service, and
3) Heating, ventilating and/or air conditioning as required on a seasonal basis, and
4) Routine maintenance, painting, and decorating, and
5) Janitorial service on a five (5) day per week basis.
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6) Water and plumbing service (from the public water supply) for domestic use in
restrooms and drinking fountains for general use of all tenants in the building, and
7) Elevator service where applicable.
8) Snow removal after at least two (2) inches of accumulation where applicable.
9) Parking lot maintenance, lighting & cleaning.
B. For all Tenant areas in the Building:
1) Electric current for lighting and for Tenant's incidental uses consistent with the
operations of executive business offices, provided that the electricity so furnished will be .
at a nominal 120 volts and no electrical circuit for the supply of such incidental use will
have a current capacity exceeding 20 amperes, and such electricity will be used only for
equipment and accessories normal to office usage, and
2) Electric lighting service for Building standard lighting fixtures, and gas servivce
3) Heating, ventilating, and/or air conditioning 8:00 A.M. to 7:00 P.M. Monday thru
Friday and after hours or on weekends upon reasonable notice by Tenant to Landlord.
4) Routine maintenance, and
5) Janitorial service on a five (5) day per week basis, and
6) Water and plumbing service for restrooms.
C. Tenant agrees that Landlord shall not be liable for damages, by abatement of rent or
otherwise, for failure to furnish or delay in furnishing any service, or for any diminution
in the quality or quantity thereof, when such failure or delay or diminution is occasioned,
in whole or in part, by repairs, improvements, any strike lockout or other labor trouble,
inability to secure electricity, gas, water, or other fuel at the Building after reasonable
effort so to do, any accident or casualty whatsoever, the act or default of Tenant or other
parties or any other cause beyond Landlord's reasonable control; and such failures or
delays or diminution shall never be deemed to constitute an eviction or disturbance of the
Tenant's use and possession of the leased premises or relieve the Tenant from paying rent
or performing any of its obligations under this Lease, so long as Landlord remains
diligent in its efforts to cure such failure, delay or diminution.
D. Any electrical requirements of Tenant in excess to those provided by Landlord herein
shall be at Tenant's cost and expense. Charges for any services for which Tenant is
required to pay from time to time hereunder shall be due and payable at the same time as
the monthly rental with which they are billed, or, if billed separately, shall be due and
payable within fifteen (15) days after such billing. If Tenant shall fail to make payment
for any such services, Landlord may, with notice to Tenant, discontinue any or all of such
excess services and such discontinuance shall not be deemed to constitute an eviction or
disturbance of the Tenant's use and possession of the leased premises or relieve Tenant
from paying rent or performing any of its other obligations under this Lease.
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7. REPAIRS AND MAINTENANCE:
A. Tenant will, at Tenant's own expense, keep the leased premises in good order, repair
and condition at all times during the Term, and Tenant shall promptly and adequately
repair all damage occasioned by Tenant's negligence to the leased premises and replace
or repair all damaged or broken fixtures and appurtenances, under the supervision and
subject to the approval of the Landlord, and within any reasonable period oftime
specified by the Landlord. If the Tenant does not do so, Landlord may but need not, make
such repairs and replacements, and Tenant shall pay Landlord the cost thereof. Landlord
may, but shall not be required to, enter the leased premises at all reasonable times to
make such repairs, alterations, improvements and additions to the leased premises or to
the Building or to any equipment located in the Building as Landlord shall desire or deem
necessary or as Landlord may be required to do by governmental authority or court order
or decree.
B. Tenant shall not commit or allow any waste or damage to be committed on any portion
of the leased premises, and at the termination of this Lease, by lapse of time or otherwise,
Tenant shall deliver said leased premises to Landlord in as good condition as of the date
of initial possession by Tenant, ordinary wear and tear excepted, and upon such ter-
mination of this lease, Landlord shall have the right to re-enter and resume possession of
the leased premises. The cost and expense of any repair necessary to restore the condition
of the leased premises to said condition in which they are to be delivered to Landlord
shall be borne by Tenant.
C. Tenant may, at its sole expense, install security fencing and lighting to the parking lot referred
to in paragraph 4 of Exhibit C attached hereto; however, tenant shall, also at its sole expense,
remove all lighting and fencing at the termination ofthis lease by elapse oftime or otherwise.
8. ASSIGNMENT OR SUBLEASE:
Tenant shall not assign or, in any manner, transfer this Lease or any estate or interest
herein, or sublet the leased premises or any part thereof, or grant any license, concession
or other right of occupancy of any portion of the leased premises, or use or permit same
to be used for any other purpose than stated in the use clause hereof without the prior
written consent of Landlord, which consent shall not be unreasonably withheld. Consent
by Landlord to one or more assignments, subletting or uses shall not operate as a waiver
of Landlord's rights as to any subsequent assignment, subletting, or uses. Notwithstanding
any assignments or subletting, Tenant and any guarantor of Tenant's obligations under
this lease shall at all times remain fully responsible and liable for the payment of the rent
herein specified and for the compliance with all of the Tenant's other obligations under
this Lease, and it shall not be necessary for Landlord to join any such sublessee or
assignee hereof in any action of Landlord against Tenant resulting from default by such
sublessee or assignee under the terms of the Lease. Upon the occurrence of an "event of
default" as hereinafter defined, if the leased premises or any part thereof are or have been
assigned and/or sublet, Landlord, in addition to any other remedies herein provided by
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law, may, at its option, collect directly from such assignee or sublessee all rents becoming
due to Tenant under such assignment or sublease and apply such rent against any sum due
to it by Tenant hereunder, and no such collection shall be construed to constitute a
novation or a release of Tenant from the further performance of its obligations hereunder.
9. ADDITIONS AND ALTERATIONS:
A. Tenant shall not, without the prior written consent of Landlord, make any alterations,
improvements or additions to the leased premises. Landlord's refusal to give said consent
shall be conclusive but shall not be unreasonably withheld. If Landlord consents to said
alterations, improvements or additions, it may impose such conditions with respect
thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to
furnish Landlord with security for the payment of all costs to be incurred in connection
with such work, insurance against liabilities which may arise out of such work, and plans
and specifications plus permits necessary for such work. The work necessary to make
any alterations, improvements or additions to the leased premises shall be done at
Tenant's expense by employees of or contractors hired by Landlord except to the extent
Landlord gives its prior written consent to Tenant's hiring contractors of its own
choosing, which consent shall not be unreasonably withheld. Tenant shall promptly pay
to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such
work and of all decorating required by reason thereof. Upon completion of such work
Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of
payment, contractors' affidavit and full and final waivers of all liens for labor, services or
materials. Tenant shall defend and hold Landlord and the Land and Building harmless
from all costs, damages, liens and expenses related to such work. All work done by
Tenant or its contractors pursuant to Section 7 or 9 shall be done in a first-class
workmanlike manner using only good grades of materials and shall comply with all
insurance requirements and all applicable laws and ordinances and rules and regulations
of governmental departments or agencies.
B. All alterations, improvements and additions to the leased premises whether temporary
or permanent in character, made or paid for by Landlord or Tenant, shall without
compensation to Tenant become Landlord's property at the termination of this Lease by
lapse of time or otherwise and shall, unless Landlord requests their removal (in which
case Tenant shall remove the same as provided in Section 30), be relinquished to
Landlord in good condition, ordinary wear excepted. It is understood and agreed between
the parties that technological improvements (i.e., computer, phone, communications and
other system wiring and implements) are specifically excluded from this provision.
10. COMPLIANCE WITH LAWS AND RULES OF BUILDING:
Tenant shall comply with all laws, ordinances, orders, rules and regulations (state,
federal, municipal and other agencies or bodies having any jurisdiction thereof) which are
applicable to tenant and relate to the use, condition or occupancy of the leased premises.
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Tenant will comply with the rules of the Building adopted by Landlord which are set
forth in Exhibit "D" hereof. Landlord shall have the right if necessary to change such
rules and regulations or to amend them in any reasonable manner and for preservation of
good order therein, all of which changes and amendments will be sent by Landlord to
Tenant in writing and shall be thereafter carried out and observed by Tenant. To the
extent reasonably possible and legally permissible, Tenant shall further be responsible for
the compliance with such rules and regulations by the employees, servants, agents and
visitors of Tenant. Use by Tenant and its employees and agents of parking area in the
vicinity of the Building in which the leased premises are located shall be subject to such
rules and regulations governing use as Landlord may from time to time prescribe,
including the designation of specific areas in which automobiles owned by Tenant its
employees and agents, shall be parked. Tenant will furnish to Landlord upon request a
complete list of license numbers of all automobiles operated by Tenant, its employees
and agents.
11. LANDLORD'S RIGHT OF ENTRY:
Tenant shall permit Landlord or his agents or representatives to enter into and upon any
part of the leased premises, at all reasonable hours to inspect same, clean or make repairs,
alterations or additions thereto, as Landlord may deem necessary or desirable, or for the
purpose of determining Tenant's use thereof or whether an act of default under this lease
has occurred. Tenant shall not be entitled to any abatement or reduction of rent by reason
of any such repairs, alterations or additions reasonably required to be made by Landlord
hereunder, other than as specified herein.
12. NUISANCE:"
Tenant shall use its best efforts to conduct its business and control its agents, employees,
invitees and visitors in such a manner as not to create any nuisance, or interfere with,
annoy, or disturb any other tenant or Landlord in its management of the building.
13. CONDEMNATION:
If the Land or the Building or any portion thereof shall be taken or condemned by any
competent authority for any public or quasi-public use or purpose (a "taking"), or if the
configuration of any street, alley, riverbank, or bridge adjacent to the Building is changed
by any competent authority and such taking or change in configuration makes it
necessary or desirable to remodel ox reconstruct the Building, Landlord shall have the
right, exercisable at its sole discretion, to cancel this Lease upon not less than ninety (90)
days notice prior to the date of cancellation designated in the notice. No money or other
consideration shall be payable by Landlord to Tenant for the right of cancellation and
Tenant shall have no right to share in the condemnation award or in any judgement for
damages caused by such taking or change in configuration.
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14. FIRE OR CASUALTY DAMAGE:
A. Section 7 hereof notwithstanding, if the leased premises or the Building (including
machinery or equipment used in its operation) shall be damaged by fire or other casualty
(except fires or other casualties resulting from Tenant's fault or neglect) and if such
damage does not render all or a substantial portion of the leased premises or building
untenantable, then Landlord shall repair and restore the same with reasonable
promptness, subject to reasonable delays for insurance adjustments and delays caused by
matters beyond Landlord's reasonable control. If any such damage renders all or a
substantial portion of the leased premises or Building untenantable, Landlord shall have
the right to terminate this lease as of the date of such damage (with appropriate prorations
of rent being made for Tenant's possession subsequent to the date of such damage of
those tenantable portions of the leased premises) upon giving written notice to the Tenant
at any time within sixty (60) days after the date of such damage. Unless this Lease is
terminated as provided herein Landlord shall proceed with reasonable promptness to
repair and restore the leased premises, subject to reasonable delays for insurance
adjustments and delays caused by matters beyond Landlord's reasonable control. Rent,
however, shall abate on those portions of the leased premises as are, from time to time,
untenantable as a result of such damage.
B. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty
pursuant to this Section 14 to repair or restore any portion of the alterations, additions or
improvements in the leased premises or the decoration thereto except to the extent that
such alterations, additions, improvements and decoration were provided by Landlord, at
Landlord's cost, at the beginning of the Term. If Tenant wants any other or additional
repairs or restoration and if Landlord consent thereto, the same shall be done at Tenant's
expense subject to all of the provisions of Section 7 hereof.
15. CASUALTY INSURANCE:
A. Landlord shall, at all times during the Term of this Lease, at his expense, maintain a
policy or policies of insurance, insuring the Building against loss or damage by fire.
Landlord shall not be obligated to insure any furniture, equipment, machinery, goods or
supplies not covered by this Lease which Tenant may bring or obtain upon the leased
premises, or any additional improvements which Tenant may construct thereon.
B. Tenant is self insured against all perils and losses to an extent which is satisfactory to
the Landlord, and shall not be required to carry liability, property or casualty insurance.
16. USAGE
Tenant shall not occupy or use, or permit any portion of the leased premises to be
occupied or used for any business or purpose which is unlawful or extra hazardous, or
permit anything to be done which is inconsistent with possession and use clause set forth
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above, and which would in any way increase the rate of fire insurance coverage in said
leased premises and/or the contents of the Building.
17. HOLDING OVER:
Unless otherwise agreed upon in writing, Tenant shall pay to Landlord an amount as
monthly rental equal to 200% of the monthly rental herein provided during each month or
portion thereof for which Tenant shall retain possession of the leased premises or any part
thereof after the termination of the Term or of Tenant's right of possession, whether by
lapse of time or otherwise, and also shall pay all damages sustained by Landlord, whether
direct or consequential, on account thereof. Such hold over shall be as a tenant at will and
all of the terms and provisions of this Lease shall be applicable during such period. No
holding over by Tenant, whether with or without consent of Landlord shall operate to
extend this Lease except as maybe herein provided. The provisions of this clause shall not
be held as a waiver by Landlord of any right of re-entry, or any other rights of Landlord
as provided under this Lease; nor shall the receipt of said payment or any part thereof, or
any other act in apparent affirmance of the tenancy, operate as a waiver of the right to
forfeit this Lease and the Term hereby granted for the period still unexpired, for any
breach of any of the covenants herein, or any other of Landlord's rights hereunder.
18. EVENTS OF DEFAULT:
The following events shall be deemed to be events of default of Tenant under this Lease:
A. Tenant shall fail to pay any installment of the rent on the date that same is due and
such failure shall continue for a period of fifteen (15) days, and Tenant fails to cure same
within fifteen (15) days thereafter as provided in Section 4.
B. Tenant shall fail to comply with any term, condition or covenant of this Lease, other
than the payment of rent, and shall not cure such failure within fifteen (15) days after
written notice thereof to Tenant:
C. Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall
make an assignment for the benefit of creditors:
D. Tenant shall file a petition under any section or chapter of the National Bankruptcy
Act, as amended, or under any similar law or statute of the United States or any State
thereof; Tenant shall be adjudicated bankrupt or insolvent in a proceeding filed against
Tenant thereunder; or Tenant's financial condition in Landlord's discretion is such that
Landlord reasonably believes that Tenant's continued performance of his obligations
under the Lease is in jeopardy, or if Landlord otherwise deems himself insecure:
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E. A receiver or trustee shall be appointed for all or substantially all of the assets of
Tenant and such receivership shall not be terminated or stayed within the time permitted
by law; or
F. Tenant shall desert or vacate any substantial portion of the leased premises.
19. LANDLORD'S REMEDIES:
A. Upon the occurrence of any event of default, which is not cured as provided herein,
Landlord shall have the option to pursue anyone or more of the following remedies
without any notice or demand whatsoever:
1) Landlord may terminate this Lease and the Term created hereby, in which event
Landlord may forthwith repossess the leased premises and be entitled to recover
forthwith, in addition to any other sums or damages for which Tenant may be liable to
Landlord, as damages a sum of money equal to the excess of the value of the monthly
rental provided to be paid by Tenant for the balance of the Term over the fair market
rental value of the leased premises, after deduction of all anticipated expenses of reletting,
for said period. Should the fair market rental value of the leased premises, after deduction
of all anticipated expenses ofreletting, for the balance of the Term exceed the value of
the rent provided to be paid by Tenant for the balance of the Term, Landlord shall have
no obligation to pay to Tenant the excess or any part thereof or to credit such excess or
any part thereof against any other sums or damages. which Tenant may be liable to
Landlord; or
2) Landlord may terminate Tenant's right of possession and may repossess the leased
premises by forcible entry and detainer suit, by taking peaceful possession or otherwise,
without terminating this Lease, in which event Landlord may, but shall be under no
obligation to, relet the same for the account of Tenant, for such rent and upon such terms
as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is
authorized to decorate, repair, remodel or alter the leased premises. If Landlord shall fail
to relet the leased premises. Tenant shall pay to Landlord as damages a sum equal to the
amount of the rent reserved in this Lease for the balance of the Term. If the leased
premises are relet and a sufficient sum shall not be realized from such reletting after
paying all of the costs and expenses of all decoration, repairs, remodeling, alterations and
additions and the expenses of such reletting and of the collection of the rent accruing
therefrom to satisfy the base monthly rental provided for in this lease. Tenant shall satisfy
and pay the same upon demand therefor from time to time. Tenant agrees that Landlord
may file suit to recover any sums falling due under the terms of this Section 20, from
time to time, and that no suit or recovery of any portion due Landlord hereunder shall be
any defense to any subsequent action brought for any amount not theretofore reduced to
judgment in favor of Landlord.
B. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other
remedies herein provided or any other remedies provided by law, nor shall pursuit of any
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remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord
hereunder or of any damages occurring to Landlord by reason of the violation of any of
the terms, conditions and covenants herein contained. No waiver by Landlord of any
violation or breach of any of the terms, provisions and covenants herein contained shall
be deemed or construed to constitute a waiver of any other violation or reach of any of the
terms, provisions, and covenants herein, contained. Forbearance by Landlord to enforce
one or more of the remedies herein provided upon an event of default shall not be deemed
or construed to constitute a waiver of such default.
20. REMEDIES OF TENANT
Not withstanding any other provision of this lease, Tenant, a governmental entity, shall
have the right to terminate this lease, upon reasonable written notice of intent to the
Landlord, upon the occurrence of one or all of the following:
1) If Tenant is required to do so by any order, law, statute, ordinance or provision of the
Constitution of the United States or the State of Georgia;
2) If the funding provided for this lease is withdrawn by the Augusta-Richmond County
Commission Councilor it successors;
3) If the leased premises are damaged to such an extent they become untenable, and such
condition remains for a period of sixty (60) days.
21. WAIVER OF BREACH:
Failure of Landlord to declare any default immediately upon occurrence thereof, or delay
in taking any action in connection therewith, shall not waive such default and Landlord
shall have the right to declare any such default at any time and take such action as might
be lawful or authorized hereunder, either in law or in equity.
22. ATTORNEY'S FEES:
In the event Tenant is in default in the performance of any of the terms, covenants,
agreements or conditions contained in this lease and Landlord places the enforcement of
this lease, or any part thereof, or the collection of any rent due, or to become due
hereunder, or recovery of the possession of the leased premises in the hands of an
attorney, or files suit upon the same, Landlord may collect reasonable attorney's fees for
the services of such attorneys, and other reasonable expenses incurred by Landlord as a
result of such default, including, without limitation, court costs.
23. SIGNS:
Tenant agrees that no signs of any description shall be erected or painted in or about said
premises without the prior written consent of Landlord. Tenant shall, at Tenant's expense,
remove all such signs at the termination of this Lease. Any installation or removal shall
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be made in such manner as to avoid injury, defacement, or overloading of the Building or
other improvements.
24. HOLD HARMLESS:
Tenant agrees to defend, protect indemnify and save harmless Landlord from and against
all liability to third parties arising out of the acts of Tenant and its; servants, agents,
employees, contractors, suppliers, workmen and invitees. Any liability insurance which
may be carried by Landlord or Tenant with respect to the leased premises shall be for the
sole benefit of the party carrying such insurance and under its sole control.
25. SUBORDINATION:
This Lease is subject and subordinate to all present and future ground or underlying
leases of the Land and to the lien of any mortgages or security deeds, now and hereafter
in force against the Land and Building, or either, and all renewals, extensions,
modifications, consolidations and replacements thereof, and to all advances made or
hereafter to be made upon the security of such mortgages or security deeds. Tenant shall
at Landlord's request execute such further instruments or assurances as Landlord may
reasonably deem necessary to evidence or confirm the subordination of this Lease to any
such mortgages, security deeds, ground leases or underlying leases. Tenant hereby
irrevocably authorizes Landlord to execute and deliver in the name of Tenant any such
instrument or instruments if Tenant fails to do so, provided that such shall in no way
relieve Tenant from the obligation of executing such instruments of subordination or
superiority.
26. ESTOPPEL CERTIFICATE:
The Tenant agrees that, from time to time upon not more than five (5) days prior request
by Landlord, the Tenant will deliver to Landlord a statement in writing certifying:
A. that this Lease is unmodified and in full force and effect (or if there have been
modifications that the Lease as modified is in full force and effect);
B. the dates to which rent and other charges have been paid; and
C. such further matters, as may be requested by Landlord it being intended that any such
statements may be relied upon by any prospective purchaser or tenant of the Building,
any mortgagees or prospective mortgagees thereof, or any prospective assignee of any
mortgage thereof. Tenant shall execute and deliver whatever instruments may be required
for such purposes, and in the event Tenant fails so to do within five (5) days after demand
in writing, Tenant shall be considered full term of this Lease.
12
27. QUIET ENJOYMENT:
Landlord warrants that it has full right to execute and to perform this Lease and to grant
the estate demised herein and that Tenant, upon payment ofthe rent herein required, and
performing the terms, conditions, covenants and agreements herein contained, shall
peaceably and quietly have, hold and enjoy the leased premises during the full term of
this Lease.
28. MECHANIC'S AND MATERIALMEN'S LIENS:
Tenant shall keep the leased premises free from any liens arising out of work performed,
materials furnished, or obligations incurred by Tenant. If for any reason whatsoever,
such a lien is imposed, Tenant shall, within ten (10) days after notice from Landlord,
discharge said lien. In the event that such lien is not immediately released and removed,
Landlord, at its sole option, may take all action necessary to release and remove such lien
(without any duty to investigate the validity thereof) and Tenant shall promptly upon
notice reimburse Landlord for all sums, costs and expenses (including reasonable
attorney's fees) incurred by Landlord in connection with such lien.
29. JOINT AND SEVERAL LIABILITY:
If there be more than one Tenant the obligations hereunder imposed upon Tenant shall be
joint and several. If there be a Guarantor for the obligations hereunder imposed upon
Tenant, it shall be ajoint and several obligation of Tenant and such Guarantor and
Landlord need not first proceed against Tenant hereunder before proceeding against such
Guarantor, nor shall any such Guarantor be released from its guarantee for any reason
whatsoever.
30. SURRENDER OF POSSESSION:
Tenant shall surrender and return the leased premises and all keys, equipment, and
fixtures of Landlord in as good condition as when Tenant originally took possession,
ordinary wear and tear, fire or other casualty not caused by Tenant's negligence, excepted,
promptly at the termination of this Lease by lapse of time or otherwise. Except as
otherwise provided in writing, all Tenant's personal property not removed from the leased
premises within twenty (20) days after date of termination of the Lease shall be
conclusively presumed to have been abandoned by Tenant and title thereto shall pass to
Landlord under this Lease as in a bill of sale.
31. C.P.I. ADJUSTMENT:
If, after the term of this lease, Tenant exercises its right to renew same, the monthly rent
for each renewal year shall be the same as that prescribed in the initial term plus a
13
"
percentage increase based upon the Consumer Price Index, which increase shall be
determined as follows:
A. If the index in the first Anniversary Month shall exceed the Base Index, or, for any
billing subsequent to the initial billing under this Section 31, if the Index in any
Anniversary Month shall exceed the Index for the immediately preceding Anniversary
Month then the monthly rental shall be increased by the Percentage Increase for the
ensuing twelve month period and thereafter until a new statement is sent to Tenant. In
determining the adjustment under this Section, the Percentage Increase shall be applied to
the sum of:
1) the original monthly rental under Section 4 hereof;
At any time after the first day of the calendar month immediately following an
Anniversary Month, Landlord shall send Tenant an index comparative statement setting
forth:
3) the Index in the Anniversary Month preceding the date of the statement;
4) the Base Index, or in the case of a billing subsequent to the initial billing hereunder,
the Index for the immediately preceding Anniversary Month;
5) Percentage Increase; and
6) the increase in the monthly rental, if any.
On the first day of the calendar month ("current month") following the month in which
the statement was sent, Tenant shall pay to Landlord:
7) an amount equal to the product obtainable by multiplying the increase in monthly
rental by the number of calendar months of the lease term then elapsed since the
immediately preceding Anniversary Month; and
8) thereafter, commencing with the current month and continuing monthly thereafter until
a different statement is sent to Tenant, the base monthly rental shall be adjusted by the
increase in the monthly rental, as calculated hereunder. In the event the last mentioned
increased monthly installments of rent shall continue beyond the end of the twelve month
period for which such payments were payable, any necessary adjustment will be made
when the next succeeding statement is sent to Tenant.
B. As used in this Section 31, the following definitions shall govern:
1) "Index" shall mean the "Consumer Price Index - for all Urban Consumers (CPI-U)
U.S. City Average (1967-100)" specified for "All Items," issued by the Bureau of Labor
Statistics of the United States Department of Labor. In the event the Index shall hereafter
be converted to a different standard reference base or otherwise revised, the determination
ofthe Percentage Increase (defined below) shall be made with the use of such conversion
factor, formula or table for converting the Index as may be published by the Bureau of
Labor Statistics or, if said Bureau shall not publish the same, then with the use of such
conversion factor, formula or table as may be published by Prentice Hall, Inc., or failing
such publication, by any other nationally recognized publisher of similar statistical
information. In the event the index shall cease to be published then for the purpose of this
Section 31, there shall be substituted for the Index such other Index as Landlord and
14
. .' ,(
Tenant shall agree upon, and, if they are unable to agree within ninety days after the
index ceases to be published, such matter shall be determined by arbitration in accordance
with the rules of the American Arbitration Association.
2) "Base Index" shall mean the Index in effect for the calendar month in which the Term
of this Lease commences;
3) "Anniversary Month" shall mean the calendar month in each of the successive twelve-
month periods during the Term of this Lease subsequent to the initial twelve-month term
which corresponds to the calendar month in which the Term of this Lease commences.
F or example, if a three year lease commenced on September 1 st, the relevant Anniversary
Months during the Term of the Lease would be September of each subsequent year
thereafter; and
4) "Percentage Increase" shall mean (1) in the event of the initial billing under this
section, the percentage equal to the fraction, the numerator of which shall be the Index
in the Anniversary Month less the Base Index, and the denominator of which shall be the
Base Index' and (2) in the event of a billing subsequent to the initial billing under this
Section, the percentage equal to the fraction, the numerator of which shall be the index in
the most recent Anniversary Month less the Index in the immediately preceding
Anniversary Month, and the denominator shall be the Index in the immediately preceding
Anniversary Month. For the purposes of illustration only assume the following facts: A
lease for a term of three years is executed with a lease commencement date of September
1 st, and a base monthly rental of $845. The indices effective for the month of September
for each year of the term of the lease are: 110 for September year lease commences;
113.3 for September, beginning the second year; and 117.7 for September beginning the
third year. The base monthly rental for the twelve month period beginning the second
year would be increased by $25.35 (calculated as follows: (113.3 minus 110)/110 X
$845 equals $25.35) to $870.35, and the base monthly rental for the twelve months
period beginning the third year would be increased from $870-35 by $33.80 (calculated
as follows: (117.7 minus 113.3)/113.3 x $870.35 equals $33.80) to $904.15.
32. EASEMENTS:
Tenant hereby grants and conveys to any party who now or hereafter owns any portion of
air space or property located adjacent to the Building in which the leased premises are
located (such air space or property herein referred to as the "Development Property" and
such owner of any portion of the Development Property being herein referred to as the
"Development Property Owner"), such Development Property Owner's agents,
employees, successors and assigns, a perpetual easement in, through, over and across
such portion of the leased premises as is necessary or reasonably appropriate for:
A. The location, placement, construction, maintenance, repair and inspection of, without
limitation, any piers, beams, girders, gussets, hangers, brackets, struts, ties, braces and
other structural supports which are deemed necessary or reasonably appropriate by the
Development Property Owner in the construction and support of improvements to be
15
, "
located in any portion of the Development Property (herein collectively referred to as the
"Supports"); and
B. Ingress and egress for the location, placement construction, maintenance, repair and
inspection of the Supports. As a condition, however to the exercise of the easement herein
granted, the Development Property Owner must agree to use its best efforts to not
materially interfere with Tenant's use or occupancy of the leased premises. Landlord
hereby agrees that ifuse of the easement herein granted will materially interfere with the
daily operations of Tenant in the leased premises, Landlord shall provide temporary
premises for use and occupancy by Tenant until construction of the Supports is
completed. Tenant shall not be responsible for any costs of such relocation. No rights to
any view or to light or air over any property, whether belonging to Landlord or any other
person, are granted to Tenant by this Lease.
33. GENERAL PARTNER'S AND/OR OFFICER'S EXCULPATION:
Tenant agrees to waive any and all liability under this Lease of the individual General
Partners or Officers or Directors of Landlord and any liability for damage or breach or
nonperformance by Landlord shall be collectible only out of Landlord's interest in the
Building.
34. GENERAL:
A. This Lease shall be construed under and in accordance with the laws of the state
wherein the premises are located, and all obligations of the parties created hereto are
performable in the city and state where the premises are located All rights and remedies
of Landlord under this Lease shall be cumulative and none shall exclude any other rights
and remedies allowed by law;
B. In case anyone or more of the provisions contained in this Lease shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provisions have never been
contained herein;
C. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings, written or oral agreements, or representations
between the parties respecting the subject matter hereof;
D. Submission of the form of the Lease for examination shall not bind Landlord in any
manner, and no Lease or obligations ofthe Landlord shall arise until this instrument is
signed by both Landlord and Tenant;
16
. I '
E. All exhibits, attachments, agreements and addenda referred to herein shall be
considered a part hereof for all purposes with the same force and effect as if copied at full
length herein;
F. The captions or headings of sections in this Lease are inserted for convenience only
and shall not be considered in construing the provisions hereof if any questions of intent
should arise;
G. The terms, conditions and covenants contained in this Lease shall, to the extent legally
permissible, apply to, inure to the benefit of, and be binding upon the parties hereto and
their respective successors in interest and legal representatives except as otherwise herein
provided. All rights, powers, privileges, immunities and duties of Landlord under this
Lease, including, but not limited to, any notices required or permitted to be delivered by
Landlord to Tenant hereunder, may, at Landlord's option, be exercised or performed by
Landlord's agent or attorney;
H. Landlord shall have the right to transfer and assign, in whole or in part, all of his rights
and obligations hereunder in the Building, including without limitation all of its interest
under the terms of this Lease;
1. If the interest of Landlord under this Lease shall be transferred by reason of foreclosure
or other proceedings for enforcement of any first mortgage on the leased premises,
Tenant shall be bound to such transferee (and herein sometimes called the "Purchaser")
under the terms, conditions and covenants of this Lease for the balance of the term herein
remaining and any extensions or renewals hereof which may be effected in accordance
with the terms and provisions hereof with the same force and effect as the Purchaser or
the Landlord under this Lease, and Tenant does hereby agree to attorn to the Purchaser, as
its Landlord, said attornment to be effected and self-operative without the execution of
any further instruments upon the Purchaser succeeding to the interest of the Landlord
under this Lease. The respective rights and obligations of Tenant and Purchaser upon
such attornment, to the extent of the then remaining balance of the Term of this Lease and
any such extensions and renewals, shall be and are the same as those set forth herein;
J. This Agreement may be altered, changed or amended only by an instrument in writing
signed by all parties hereto. Neither this Lease, nor any memorandum, affidavit, or other
writing with respect thereto, shall be recorded by Tenant or by anyone acting through,
under or on behalf of Tenant, and the recording thereof in violation of this provision shall
make this Lease null and void at Landlord's election;
K. Notwithstanding anything to the contrary contained herein, whenever a period oftime
is herein prescribed for action to be taken by Landlord, Landlord shall not be liable or
responsible for, and there shall be excluded from the computation for any such period of
time, any delays due to strike, riots, acts of God, shortage of labor or materials, war,
governmental laws, regulations or restrictions, or any other causes of any kind
whatsoever which are beyond the control of Landlord;
17
. . .
1. Landlord or Tenant shall not be liable or responsible to each other for any loss or
damage to any property or person occasioned by theft, fire, act of God, public enemy,
injunction, riot, strike, insurrection, war, court order, requisition or order of governmental
body or authority beyond the control of Landlord or Tenant, as the case may be.
M. Time is of the essence in regard to each and every term, covenant and condition of
this Lease.
35. NOTICE:
A. All rent and other payments required to be made by Tenant to Landlord hereunder
shall be payable to Landlord at the building management office, or such other address as
Landlord may specify from time to time by written notice delivered in accordance
herewith.
B. Any notice or document required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered (whether or not actually received) on the
third day (3rd) following deposit in the United States Mail, postage prepaid, certified
mail, return receipt requested, addressed:
I)DEVELOPMENT ASSOCIATES, INC.
c/o Meybohm Commercial Properties, LLC
3519 Wheeler Road
Augusta, Georgia 30909
or to such other person or such other address designated by written notice sent by
Landlord to Tenant.
2. If to Tenant: Addressed to Tenant AT 360 Bay Street, Suite 180, Augusta, GA 30901
or to such other address as is designated by Tenant in a written notice to Landlord.
PHONE NO.
C. Any notice or document required or permitted to be delivered hereunder shall be
deemed to be delivered upon the date of personal delivery to the Tenant at the leased
premises if delivered personally, and the receipt of which is acknowledged in writing by
Tenant or any of its agents or its employees.
,.;;--- .
TENAr~ .
BY
4J
By:
By:
Title:
18
,1 .
EXHIBIT "A"
Leased area is known as Suite #180, 150, 165 and a
conference room as indicated on the property description
attached hereto and located in the
New South
Building located at 360 Bay Street.
The net rentable area is 6,444 Sq. Ft. A twelve
(12) percent common area factor is added to the rentable
square footage to calculate a gross square footage of
7,216 Sq. Ft. to determine lease amounts.
Included within the leased premises is adequate parking for tenant's employees which is
conveniently located and a parking lot for overnight parking on a vacant lot which is
approximately 50 feet away from the current parking lot.
19
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Property Location
New South Building
Office FOf"-Lease
360 Bay Street
Augusta, Georgia 30901
County: Richmond
Date Modified: 4/21/2000
Property 10: 3084034
Leasing Summary
Min. Lease Rate/Yr:~ ~/5/
Max. Lease Rate/Yr: $11.00
Lease Type: Full Service
Lot Size:
Available Floors:
Sub Lease No
Available Sq.Ft.: 10,000
Max. Contig. Sq.Ft.: 4,309
Min. Divisible Sq.Ft.: 304
Building Sq.Ft.: 40,000
Year Built: 7
Property Description
Nice Class B+ four story office building In Downtown Augusta. Abuts the Savannah River. Nice offices.
Area Description
Near the downtown central business district. Upper floors have view of the River.
Suite Availability 1tS48LE cJtttr rtU}t:..
Suite: 180 Lease Rate: 11.00 Sq. Ft.: 3307 .5?~~ Term:
Suite: 165 Lease Rate: 11.00 Sq. Ft.: 1002 1 I ".,.,. Term:
Suite: 150b Lease Rate: 11.00 Sq. Ft.: 334 Term:
Suite: 230 Lease Rate: 11.00 Sq. Ft.: 1068 Term:
Suite: 495 Lease Rate: 11.00 Sq. Ft.: 602 Term:
Suite: 455 Lease Rate: 11.00 Sq. Ft.: 539 Term:
Suite: ISO Lease Rate: 11.00 Sq. Ft.: 1775 / 'iF,! Term:
Suite: 101 Lease Rate: 11.00 Sq. Ft.: 304 Term:
6:. Nf 'C.~-c. ~'O.... .31.0 '103 ~
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Presented By:
60 13 ~
David Moretz
Meybohm Commercial Properties
Augusta , Ga
706-736-0700, ext. 2
Qm9...@~_@JI1.~y.b9..hm&Q11] .
6/1
http://www.100pnet.com/mainform/l.3 084034.html
6/22/00
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EXHIBIT "B"
Attached Floor Plan
20
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EXHIBIT "C"
WORK TO BE DONE BY LANDLORD:
1. Add doors to connect the space as shown in pink on attached floor plan.
2. Clean all carpet, paint all walls and clean all windows.
3. Cabinet space and storage to be added to the sink area for a break room facility.
4. Landlord to provide parking lot for overnight parking of county vehicles on a vacant
lot which is approximately 50 feet away from the current parking lot. Tenant will provide
security fencing and lighting of the lot.
5. Landlord agrees to participate in the expense of installing the "Drops" for the
tenant's communication system in the amount of$5,000.00. This participation amount to
be deducted from the first month's rent.
21
! "',' .,. ~1-
EXHIBIT D
BillLDING RULES AND REGULATIONS
1. Landlord agrees to furnish Tenant two keys without charge. Additional keys will be
furnished at a nominal charge Upon termination of the lease, Tenant shall surrender to
Landlord all keys to the leased premises. Tenant shall not alter any lock or install any
new or additional locks or any bolts on any doors or windows of the leased premises,
without the prior written consent of Landlord.
2. Tenant will refer all contractors, contractor's representatives and installation
technicians, rendering any service on or to the premises for Tenant, to Landlord for
Landlord's approval and supervision before performance of any such service. This
provision shall apply to all work performed in the Building including installation of
telephones, telegraph equipment, electrical devices and attachments and installations of
any nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment or any
other physical portion of the Building.
3. Tenant shall not at any time occupy any part of the leased premises or the Building as
sleeping or lodging quarters, or use them for any immoral or illegal purposes or use the
leased premises to engage in the manufacture or sale of or permit the use of, any
spirituous, fermented, intoxicating or alcoholic beverages or use them to engage in the
manufacture or sale of, or permit the use of any illegal drugs on the leased premises.
Tenant shall not make noises, cause disturbances, create vibrations, odors or noxious
fumes or use or operate any electrical or electronic devices or other devices that emit
sound, waves, or cause danger to other tenants and occupants of the Building or interfere
with the operation of any device or equipment or radio or television broadcasting or
reception from or within the Building or elsewhere, and shall not place or install any pro-
jections, antennae, aerials or similar devices inside or outside of the leased premises.
4. Tenant shall not place, install or operate on or in the leased premises or in any part of
the Building, any engine, stove or machinery, or conduct mechanical operations or cook
thereon or therein, or place or use in or about the leased premises any explosives,
gasoline, kerosene, oil' acids, caustics, or any other inflammable, explosive, or hazardous
material without the prior written consent of Landlord.
5. No fowl, animal, or cycle of any kind shall be brought into or kept in or about the
Building.
6. Tenant or Tenant's agents, employees or invitees shall not contract with or accept free
or paid services from Employees or agents of Landlord.
INITIAL ~
22
. 1'" '~
7. None of the entries, passages, doors, elevators, hallways or stairways shall be blocked
or obstructed or such areas be used at any time except for access or egress by Tenant,
Tenant's agents, employees or invitees. Tenant shall keep its leased premises neat and
clean. Nothing shall be stored left, swept, or thrown into the Building Common Areas or
Floor Common Areas. When conditions are such that Tenant must dispose of crates,
boxes etc., it is the responsibility of Tenant to arrange with Landlord for the disposal of
same and any additional cost for such disposal shall be promptly paid by Tenant upon
receipt of Landlord's invoice for such service.
8. Tenant shall not, without Landlord's prior written consent, use any method of heating
or air conditioning other than that supplied by Landlord. No person shall waste heat, air
conditioning, electricity or water. Toilet rooms, urinals wash bowls and other apparatus
shall not be used for any purpose other than that for which they were constructed. No
foreign substance of any kind whatsoever shall be deposited therein. The expense of any
breakage, stoppage or damage resulting from the violation of this rule shall be borne by
Tenant who, or whose agents, officers, employees, contractors, servants, invitees or
guests, shall have caused such damage. Tenant shall give Landlord prompt notice of all
accidents to or defects in air conditioning equipment, plumbing, electric facilities or any
part or appurtenance of the leased premises.
9. Tenant its employees, agents, customers, guests and invitees shall have the right to use
parking facilities as may be provided by Landlord, to the extent available, but not so as to
unreasonably interfere with the similar parking rights of other tenants in the same or
neighboring buildings; Parking rights, if any, of Tenant pursuant to the terms and
conditions of this Lease are subject to the rights and interests of municipal and other
governmental agencies and authorities as with respect thereto and the exercise of any
such right or authority by any such party shall in no event be or constitute a default by
Landlord of any of the terms hereof.
10. Landlord shall have the right to prescribe the weight, size and position of all safes
and other heavy equipment brought into the Building. Safes or other heavy objects shall,
if considered necessary by Landlord, stand on supports of such thickness as is necessary
to properly distribute the weight, with the cost thereof being borne by Tenant. Landlord
will not be responsible for loss of or damage to any such safe or property from any cause
and all damage done to the Building by moving or maintaining any such safe or other
property shall be repaired at the expense of Tenant. Normal building operating hours are
defined as 7:00 a.m. to 6:00 p.m. Mondays through Fridays, holidays excepted. During
non-building operating hours access to the Building, or to the halls, corridors, elevators or
stairways in the Building, or to the leased premises may be refused unless the person
INITIAL ~
23
_1. . ,." :)
seeking access is known to the person or employee of the Building in charge and has a
pass or is properly identified. Tenant, its employees, guests and invitees may be called
upon to show suitable identification and sign a building register when entering or leaving
the Building at times other than normal Building operating hours and Tenant shall
cooperate fully with Building security procedures, if any, in complying with such require-
ments.
12. Landlord shall have the right, exercisable without notice and without liability to
Tenant, to change the name and street address of the Building of which the leased
premises are a part.
13. Temporary inconvenience occasioned by construction and/or maintenance or repairs
shall not be deemed to disturb Tenant as a part of the covenant of quiet enjoyment and
posseSSIOn.
14. Unauthorized storage or abandonment of vehicles or equipment in or about the
Building is prohibited. Landlord has the right to enforce this restriction by removal and
storage of same and such cost of storage and removal shall be borne by Tenant. Tenant
shall observe designated restricted parking areas, such as visitor parking, fire lanes,
handicap parking, and loading zones.
15. No furniture, freight or equipment of any kind shall be brought into or taken out of
the Building without Landlord's consent and all moving of same shall be done at such
times and in such manner as Landlord shall designate. Landlord or its personnel may
participate in or assist in the supervision of such movement. Tenant assumes final
responsibility for all risks as to damage to articles moved and injury to persons or public
engaged or not engaged in such movement, including equipment, property and personnel
of Landlord if damaged or injured as a result of acts in connection with carrying out this
service for Tenant from the time of entering the property to completion of work. Landlord
shall not be liable for acts of any person engaged in, or any damage or loss to any of said
property resulting from any act in connection with such service performed for a Tenant.
16. Tenant shall not employ any person for the purpose of cleaning other than the
authorized cleaning and maintenance personnel for the Building unless otherwise
approved in writing by Landlord. In those instances when Tenant contracts, with
Landlord's written approval, for their own janitorial services, rubbish removal and
exterminating shall be part of that janitorial services and Tenant shall pay the total cost
thereof. The work of the janitor or cleaning personnel shall not be hindered by Tenant
after 6:00 p.m.
INITIAL A--
24
lc -:J4 -)
17. Landlord reserves the right to approve all vending machines or any other machines
and all concessionaires, vending machine operators or other distributors of cold drinks,
coffee, food or other concessions, water, towels or newspapers.
18. Tenant shall exercise caution in the protection of personal property located within the
leased premises from loss or damage by keeping doors to unattended areas locked.
Landlord shall not be responsible to the Tenant, their agents, employees or invitees for
any loss of money, jewelry or other personal property from the leased premises or public
areas or for any damages to any property therein from any cause whatsoever whether such
loss or damage occurs when an area is locked against entry or not. Tenant shall report any
thefts or losses to the Building Manager and security personnel as soon as reasonably
possible after discovery and shall also notify the Building Manager and security
personnel of the presence of any persons whose conduct is suspicious or causes a
disturbance.
19. Tenant shall not solicit from or circulate advertising material among other tenants of
the Building except by U.S. mail service. Tenant shall notify the Building Manager or its
agent promptly if any unauthorized persons are soliciting from or causing annoyance to
Tenant, its employees, guests or invitees.
20. Landlord reserves the right to deny entrance to the Building or remove any person or
persons from the Building in any case where the conduct of such person or persons, in the
sole option of Landlord, involves a hazard or nuisance to any tenant of the Building or to
the public or in the event of fire or other emergency, riot, invasion, public excitement,
civil commotion or similar disturbance involving risk to the Building tenants or to the
general public. Landlord shall in no case be liable for damages for any error with regard
to the admission to or exclusion from the Building of any person.
21. Tenant will not be permitted to locate furnishings or cabinets adjacent to mechanical
or electrical access panels or over air conditioning outlets so as to prevent operating
personnel from slervicing such units as routine or emergency access may require.
22. Services to be provided by Landlord under the provisions of Section 6.A(3) of the
Lease shall be provided during normal building operating hours. Landlord will provide
these services at other times provided that Tenant provides Landlord with notice of its
need for same at least 24 hours in advance.
23. Landlord reserves the right to install signs on the interior or exterior of the Building.
24. Glass that reflects or admits light into passageways or into any place in the Building
or leased premises shall not be covered or obstructed by Tenant. Landlord shall designate
Building S~d window coverings.
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25. Tenant shall permit Landlord within six (6) months prior to the termination of this
lease to show the leased premises during business or non-business hours to prospective
Tenants and to advertise the leased premises for rent: However, Landlord shall not
unreasonably disturb Tenant's business.
26. Landlord reserves the right, at any time, to grant to anyone the exclusive right to
conduct any business or render any service in the Building.
27. Tenant shall not advertise the business, profession, or activities of Tenant in any
manner which violates the letter or spirit of any code of ethics adopted by any recognized
association or organization pertaining thereto or use the name of the Building for any
purpose other than that of the business address of Tenant or use any picture or likeness of
Building or the Building name in any letterheads, envelopes, circulars, notices,
advertisements, containers, ox wrapping material, without Landlord's prior written
consent.
28. Landlord reserves the right to erect, use and maintain pipes, ducts, wiring and
conduits, and appurtenances thereto in and through the leased premises at reasonable
locations.
29. Tenant shall make arrangements directly with the telephone company servicing the
building, for telephone service in the leased premises. Tenant shall pay the entire cost of
all telephone charges, including, but not limited to, installation charges. Tenant shall be
permitted to enter the property two months prior to commencement of the Lease for the
purpose of installing phone and computer lines and also to move furniture.
30. Tenant shall pay either to Landlord or to a qualified licensed contractor, to be
approved by Landlord, for the maintenance, replacement of filters and general upkeep of
Tenant's special equipment i.e., air conditioning units for computer areas, etc., which are
to be services on a regular basis to minimize damage to Landlord's property or other
Tenants property.
31. To the extent the parties agree in advance, Tenant shall pay for labor, and or
materials, used by the Landlord for. . . "special services" . . within the leased premises,
not included in . . "normal janitorial services" , , i.e., shampooing or cleaning of
carpeting, washing of venetian blinds, washing of light lenses, and or major moving of
furniture.
32. Tenant will give 12-hour notice to Landlord of need to use its space after normal
business hours. This notice will allow Landlord to reprogram timer for HV AC usage
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after normal times. There will be no additional fee for this HV AC usage with tenant's
moderate "after hours" HV AC requirements.
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