Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 3 contracts
Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Premises. The Premises consists Landlord, for and in consideration of the Building rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by the Sublessor in accordance with the terms hereof together with the rightLandlord, appurtenant thereto to the exclusive use of the Common Facilities including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be constructed by installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Sublessor in accordance with the terms hereof Land and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of Improvements are referred to collectively as the land currently leased by Sublessor pursuant to the 200 Ground "Premises". Tenant acknowledges that this Lease (defined below) is subordinate and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval (a) all liens, encumbrances, deeds of Sublessor trust, reservations, covenants, conditions, restrictions and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by matters affecting the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to ("Title Matters") (i) seek approval in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and be designated the developer and lessee of the land area designated as 160 International Drive incorporated herein ("Preliminary Report") or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) approved or deemed approved pursuant to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leasethis Section 1.1, (iii"Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee Premises or the use or occupancy thereof, in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with effect on the execution and delivery of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment matters shall be subject to the prior written review and approval of Sublessee, Tenant which approval shall not to be unreasonably withheld, conditioned withheld so long as the new Title Matter does not materially and adversely impair the use or delayed. Upon execution occupancy by Tenant of the approved Premises Ground Lease Amendment, Sublessor for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Sublessee shall amend this Lease as necessary Landlord delivers a written reminder notice to reflect the existence thereof Tenant and Tenant fails to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration respond within five (5) days of the Lot as approved by delivery of the PDAwritten reminder notice, the new Title Matter shall be deemed approved.
Appears in 3 contracts
Sources: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Premises. The Premises consists (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building commonly known as the ▇▇▇▇▇▇ Building and located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, consisting of approximately 815,119 rentable square feet of floor area (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Building (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building.
(b) The rentable area of the Premises, as well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the Common Areas of the Building, utilizing a common area load factor not to exceed nine and a half percent (9.5%) with respect to the fourth floor and fifteen percent (15%) with respect to the fifth floor.
(c) The rentable square foot area of the Premises shall be constructed measured by Landlord’s architect (“Landlord’s Architect”), and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure the Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Sections 1(d), 1(h) and 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the Common Areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, subject to Section 33 hereof and Exhibit “E” hereto.
(e) Subject to the limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the Sublessor name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in accordance common with Landlord, other tenants and occupants of the terms hereof together with the right, appurtenant thereto Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the exclusive contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially and adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Facilities to be constructed by Areas which remain available for common use, however, the Sublessor in accordance with foregoing shall not preclude Landlord from modifying the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresBuilding lobby, which land area shall consist of a portion or modifying or eliminating areas outside of the land currently leased Building or (b) not materially or adversely increase any obligation of Tenant under this Lease. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Sublessor pursuant Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and central core area of the Building, Common Facilities and Lot above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be subject performed at such times and in such manner, as to approval create the least practicable interference with Tenant’s use of Sublessor the Premises and Sublessee (z) no such work by Landlord, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in accordance with Article 3 and Exhibit D hereofexcess of two percent (2%) per floor of the Premises. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described Except in the hereafter defined Ground Lease case of Emergencies, Landlord agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises.
(f) Landlord reserves the right from time to time upon at least ninety (90) days’ advanced written notice, including the proposed relocation date (the “TradeportRelocation Notice”). Sublessee shall have as a right appurtenant , to relocate the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of Tenant’s Premises located on the Lot, such portion being known as 200 International Drive, pursuant fourth floor only to that certain Sublease dated April 5, 2001 by and between other premises within the PDA, as lessor, and Sublessor, as lessee (as currently in effect, Building prior to or during the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval Term of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as ; provided (i) the Ground Lease is not terminable as to usable area so substituted equals or exceeds the Lot should Sublessor fail to construct improvements other than usable area of the Building and Common Facilities on fourth floor of the Lot Premises and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction buildout and finish of the Premises in accordance with replacement space shall be substantially the terms hereof. Sublessor agrees that it shall not commence construction same as, or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingbetter than, the forms, terms and conditions fourth floor of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. The Premises consists of the Building (a) Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “LotPremises”), described in Paragraph 1(d) hereof and designated on Exhibit “A” hereto in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto building commonly known as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises▇▇▇▇▇, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances▇▇▇▇, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known hereinafter referred to as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseBuilding”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of together with the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor exclusive right and Sublessee in substantially easement to use the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements parking (subject to the terms provisions of Paragraph 36 hereof) and conditions hereof)common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. Sublessee agrees that The Building and common areas, including parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and Third Floors of the Premises Ground Lease Amendment may include not be completed and delivered to Tenant simultaneously. That one of the Second or Third Floor which is first completed and delivered to Tenant is herein referred to as “Phase One” and the other such additional land so long Floor is herein referred to as “Phase Two.” The date Phase Two is completed and delivered to Tenant as provided in Paragraph 3(a) hereof is herein referred to as the “Effective Date.”
(ib) The usable square foot area of the Ground Lease is not terminable Premises, as to well as the Lot should Sublessor fail to construct improvements Building shall be computed based upon the BOMA American National Standards Z65.1 1996, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and on a single tenant floor of eight percent (8%).
(c) The rentable square foot area of the Premises, if any, other than the Building Second and Common Facilities on Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the Lot rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, ▇▇▇▇▇▇ ▇▇▇▇▇ (iihereinafter referred to as the “Independent Architect”) the inclusion of shall promptly measure such additional land area will not result in any delay in the permitting or construction portion of the Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in accordance with such certification and Section l(j) shall be revised accordingly. The parties acknowledge that the terms hereof. Sublessor agrees rentable square foot area of the Second and Third Floors is as set forth in Section 1(d) hereof and is not subject to measurement as provided in this Paragraph 2(c).
(d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, provided that it Tenant shall not commence materially interfere with Landlord’s construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAactivities.
Appears in 2 contracts
Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Premises. The Premises consists (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building commonly known as the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, consisting of approximately 271,500 rentable square feet of floor area (hereinafter referred to as the Building to be constructed by the Sublessor in accordance with the terms hereof “Building”), together with the rightnon-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, appurtenant thereto to the exclusive use employees, customers and invitees) of the Common Facilities Building. The Building and common areas are hereinafter referred to as the “Development,” more particularly described on Exhibit “B” hereto.
(b) The rentable area of the Premises, as well as the Building shall be constructed by computed based upon the Sublessor 2010 BOMA Standard Method of Measuring Floor Area in accordance with the terms hereof Office Buildings, ANSI/BOMA Z65.1-2010, and the land rentable area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to Premises, as well as the 200 Ground Lease (defined below) and Building, shall contain a portion proportionate share of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area common areas of the Building, Common Facilities and Lot utilizing a common area load factor not to exceed twelve percent.
(c) The rentable square foot area of the Premises shall be subject measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to approval of Sublessor Landlord and Sublessee in accordance Tenant; provided, however, that if Tenant disagrees with Article 3 the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee Tenant shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a promptly measure such portion of the LotPremises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such portion being known as 200 International Drive, pursuant certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy reasonable portions of the 200 Ground Lease is attached hereto as Exhibit C and common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that true, correct and complete copies of any documents or plans referenced Tenant shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be in the Exhibits or Schedules thereto same general location and have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to general utility as the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities access afforded on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery each applicable Commencement Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. The Premises consists Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant's Space in the Building to be constructed by (hereinafter, the Sublessor in accordance with the terms hereof "Tenant's Space"), together with the right, appurtenant thereto to appurtenances described below. Tenant's Space as the exclusive use of the Common Facilities to same may be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the 200 Ground Lease (defined below) and a portion of the land area designated Premises". Tenant shall have, as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, the right to use in common with other Tradeport tenants of the Park, as hereinafter defined, the areas shown on the Plan attached hereto as part of Exhibit A as "Building Parking Area", all subject to and occupants and authorized users as further provided in Section 10.18 hereof. Tenant shall also have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the entrancespark, exits commonly known and roadways of referred to as the Tradeport designated by the Bedford Wood▇ ▇▇▇▇▇ Development Authority ice Park and shown on the Plan of the Park attached hereto as part of Exhibit A (“PDA”the "Park") for from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common use areas now or hereafter located at the Tradeport. Sublessor presently leases a portion Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Park attached hereto as Exhibit C and A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease any amendments or modifications to such Common Area will not materially adversely effect Tenant's ability to access the Premises (ii) Landlord will provide Tenant prior written notice thereof and be designated (iii) provided further that any such amendments or modifications to the developer and lessee Common Areas are reasonably functionally equivalent to the portion of the land area Common Areas that they amend or replace, (b) all rights of ingress and egress to and from the Building and to and from the Park, all service areas, drainage structures and areas for surface water runoff, including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as 160 International Drive common or visitors parking areas for use of the entire Park, if any, (or such portion thereof as comprises e) all other rights appurtenant to the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseBuilding, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (iif) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingall utility lines, the formselectricity, terms water and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor sewage disposal pipes and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAstructures.
Appears in 2 contracts
Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building located at One Campus Martius, Detroit, Michigan, consisting of approximately 1,025,764 rentable square feet of floor area (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Development (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building, Common Areas, the land upon which they are situated and the parking garages situated adjacent to and under the Building (such garages collectively being referred to as the “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of which is contained on Exhibit “B” attached hereto.
(b) The rentable area of the Premises, as well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twenty (20%) percent.
(c) The rentable square foot area of the Premises consists shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by ▇▇▇▇▇▇▇▇’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys.
(e) Subject to the limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the Parking Structure and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the exclusive contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially or adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Facilities to be constructed by Areas which remain available for common use or Parking Structure provided, however, the Sublessor in accordance with foregoing shall not preclude Landlord from modifying the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresBuilding lobby, which land area shall consist of a portion or modifying or eliminating areas outside of the land currently leased Building, (b) not materially or adversely increase any obligation of Tenant under this Lease, or (c) permanently reduce or permanently eliminate any of Tenant’s parking rights. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Sublessor pursuant Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and central core area of the Building, Common Facilities and Lot above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be subject performed at such times and in such manner, as to approval create the least practicable interference with Tenant’s use of Sublessor the Premises and Sublessee (z) no such work by ▇▇▇▇▇▇▇▇, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in accordance with Article 3 and Exhibit D hereofexcess of two percent (2%) per floor of the Premises. The Lot is located within Except in the former case of Emergencies, ▇▇▇▇▇▇▇▇ Air Force Base as more particularly described agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant, and Tenant hereby leases from Landlord, on the terms hereof together with and conditions set forth herein, the right, appurtenant thereto to space outlined on the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) attached Exhibit A (the “LotPremises”), the present, planned location and configuration of which . The Premises are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area floor(s) specified in Paragraph 2 below of the building (the “Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is ”) located within the former at ▇▇▇▇ ▇▇▇▇▇▇ Air Force Base as more particularly described in ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the hereafter defined Ground Lease parcel(s) of land (the “TradeportLand”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by The Project includes the ▇▇▇▇▇▇▇▇▇ Development Authority Building (“PDA”) defined in Section 4.g below), but the ▇▇▇▇▇▇▇▇▇ Building is not included in the Real Property for common use at the Tradeportpurposes of this Lease. Sublessor presently leases a portion Tenant’s lease of the LotPremises shall include the right to use, such portion being known as 200 International Drivein common with others and subject to the other provisions of this Lease, pursuant to that certain Sublease dated April 5the public lobbies, 2001 by entrances, stairs, elevators and between other public portions of the PDABuilding, as lessorwell as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy or use of, or access to, the Premises and Sublessor, as lessee the Parking Facility (as currently defined in effectParagraph 53 below) (collectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseCommon Areas”). Sublessor represents Tenant shall comply with all recorded covenants, conditions and warrants restrictions (“CC&R’s”) currently or hereinafter affecting the Project and agrees that this Lease shall be subject and subordinate thereto; provided, however, that Tenant will not be required to Sublessee comply with, and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of or access to the Premises or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by law. Except to the extent that a trueTenant is granted the right to the use of an allocation of conduits or riser space pursuant to the terms of this Lease, correct and complete copy all of the 200 Ground Lease is attached hereto as Exhibit C windows and that true, correct outside walls of the Premises and complete copies of any documents or plans referenced space in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereofPremises used for shafts, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or other utilities or Building facilities are reserved solely to Landlord and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseLandlord shall, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that provisions of Paragraph 23 below, have rights of access through the Premises Ground Lease Amendment may include such additional land so long as (i) for the Ground Lease is not terminable as to purpose of operating, maintaining and repairing the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsame.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Premises. The Premises consists (a) In consideration of the Building obligation of Tenant to be constructed pay Rent as herein provided, Landlord hereby lets to Tenant and Tenant takes and hires from Landlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, to have and to hold for the Sublessor in accordance with the terms hereof together with the rightTerm, appurtenant thereto subject to the exclusive use terms, covenants and conditions of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresthis Lease, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)together with, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use in common with Landlord and other tenants, occupants and visitors to the entrancesBuilding, exits the common lobbies, hallways, loading areas, and roadways of other common areas, all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and regulations.
(b) Tenant shall also have the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common right to use at the Tradeport. Sublessor presently leases a and exclusively occupy that portion of the Lot, such portion being known Building 4 as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by outlined as “Temporary Premises” on Exhibits A-12.1 and between the PDA, as lessorA-12.2 hereto, and Sublessorhereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, as lessee (as currently in effect, Building 4 shall be incorporated for the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval purpose of this Lease and be designated the developer and lessee as part of the land area designated as 160 International Drive Premises.
(or such portion thereof as comprises c) Tenant shall have the Lot right to use, in common with Landlord and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion other tenants of the Lot not presently leased to Sublessor under Buildings, the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the areas outlined as “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such amendmentareas, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) which shall provide for the addition of that portion not be considered part of the Lot not presently leased Premises hereunder, shall be subject to Sublessor under reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common FacilitiesBuildings. It is understood and agreed that Sublessor shall seek Landlord may terminate Tenant’s use of such areas by reasonable advance notice to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Tenant in the futureevent Landlord, additional buildings and improvements leases such areas to another tenant.
(subject d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the terms “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and conditions hereof). Sublessee agrees that replacing utilities, equipment, and other facilities serving the Premises Ground Lease Amendment may include such additional land so long as (i) and Tenant’s operations therein, tenant shall have the Ground Lease is right at all times to access the Unrestricted Tenant Access Area, and the same shall not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction be considered part of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAhereunder.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Premises. Landlord, as the fee owner, leases the Premises to Tenant, and Tenant rents the Premises from Landlord. The Premises consists contain approximately _______ square feet of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion surface of the land currently leased by Sublessor pursuant and those areas above and below grade needed to accommodate a building of approximately 3,200 square feet, plus a driveway for Tenant’s drive-through facilities (Three (3) drive through lanes and one (1) drive through ATM lane) as shown on Exhibit A and all walkways and landscaping adjoining the 200 Ground Lease (defined below) and a portion of building on the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Premises (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportPremises”). Sublessee shall have Landlord agrees to extend reasonable easement rights across Landlord’s adjoining land, roadways, service drives and streets as a right appurtenant to such are reasonably required for installation and maintenance of all utility lines and for driveways and approaches for the Premises, in common with other Tradeport tenants use and occupants and authorized users the right to use the entrances, exits and roadways benefit of the Tradeport designated by described parcel of real estate, including the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant improvements to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitieserected thereon. It is understood and agreed that Sublessor shall seek some of the lighting may be directly fed to amend the 200 Ground Lease Tenant’s separate meter (to include land be provided as part of Tenant’s Work described below) and some to the common area meters, as required by Landlord’s or Tenant’s needs. Landlord reserves for it and for all tenants in addition the Center all other air and subsurface rights and an easement to that necessary enter the Premises to construct, use, and maintain such improvements (for example, utility lines) as may be appropriate, in Landlord’s sole judgment, for the Lot or otherwise to construct development and operation of the Building Center. Landlord shall give Tenant twenty-four (24) hours’ notice before entering the Premises under this Section and Common Facilities in order to allow Sublessor to construct shall promptly repair any portion of the Premises which is disturbed, except in the futureevent of any emergency, additional buildings and improvements in which case Landlord will use reasonable efforts to provide notice to Tenant (subject for example, by telephone) to those persons designated by Tenant to be contacted in the event of an emergency. Notwithstanding anything to the terms contrary in this paragraph, in the absence of any apparent emergency, Landlord, its agents and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as employees (i) shall not enter the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot Premises except during Tenant’s operating hours, and (ii) the inclusion of such additional land area will not result in shall not, during Tenant’s operating hours, enter any delay in the permitting or construction part of the Premises which is not open to the public, unless escorted by one of Tenant’s agents or employees. In the event that Landlord’s or Landlord’s parent’s employees enter the Premises forcibly during an apparent emergency, such employees shall, within a reasonable time thereafter considering all of the circumstances, again notify those persons designated by Tenant to be contacted in accordance the event of an emergency. Tenant shall be responsible for providing Landlord with the terms hereof. Sublessor agrees that it shall not commence construction or development names and phone numbers of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDApersons.
Appears in 1 contract
Premises. The Premises consists of the Building A. Sublessor hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightSublessee, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSublessee hereby subleases from Sublessor, which land area shall consist of a portion of Building 2051 consisting of approximately 44,930 rentable square feet of space principally located on the land currently leased second floor of Building 2051 (hereinafter, the “Subleased Premises”). The Subleased Premises are more particularly described on Exhibit B attached hereto. The Subleased Premises shall include (i) the lobby area on the southeast side of the first floor of Building 2051 to be built by Sublessor pursuant to the 200 Ground Lease as part of Sublessor’s Work (defined below) and a portion the stairwell located in such lobby area, all as shown on Exhibit B attached hereto (“Sublessee’s Floor Lobby”), (ii) the stairwell located on the east side of Building 2051 as shown on Exhibit B and (iii) the land area designated stairwell located on the west side of Building 2051 as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) shown on Exhibit B (the “LotWest Stairwell”). Sublessor and Sublessee hereby accept the rentable square footage of the Subleased Premises set forth in this Paragraph 2(A) as correct. Upon reasonable prior notice (except in the case of emergency), Sublessor shall have the presentright to access the Subleased Premises for purposes of performing its repair and maintenance obligations with respect to Building 2051 and, planned location as required to gain access to the roof of Building 2051. Any such entry by Sublessor and configuration Sublessor’s agents shall not impair Sublessee’s operations more than reasonably necessary and comply with Sublessee’s reasonable security measures (provided the same do not delay or unreasonably interfere with Sublessor’s access). Notwithstanding the foregoing, no prior notice to Sublessee shall be required if Sublessor requires access to the Subleased Premises solely for the purpose of which are gaining access to the roof of Building 2051, and, Sublessor shall have the right to such access twenty-four (24) hours per day, seven (7) days per week; provided, however, that Sublessor shall use reasonable efforts to provide prior notice of any such entry and shall notify Sublessor within two (2) business days after any such entry made after normal business hours without prior notice to Sublessee.
B. In connection with its use of the Subleased Premises, Sublessee shall also have the non-exclusive right, together with Sublessor and its agents, employees, contractors, invitees, subtenants and others, to use (i) the common corridor connecting to Sublessee’s is’ Floor Lobby as shown on Exhibit B for the conceptual site plan attached hereto purpose of accessing the elevators to the Subleased Premises on the second floor of Building 2051 and (ii) the common vestibule serving the West Stairwell as shown on Exhibit A. The parties agree that B for purposes of accessing the final location, configuration and area of West Stairwell (the Building, “Internal Common Facilities and Lot Areas”). Such use shall be subject to approval such reasonable rules and regulations as Sublessor shall establish from time to time. Except for the foregoing, Sublessee shall have no right to use, access or occupy any portion of the Premises, including, without limitation, the central atrium area and loading docks in Building 2051. Sublessor reserves the use of the exterior walls, the roof, the loading docks and the area beneath and above the Subleased Premises, together with the right to install, maintain, use, and replace ducts, wires, conduits and pipes leading through the Subleased Premises in locations which will not materially interfere with Sublessee’s use of the Subleased Premises. Sublessee shall have no rights to use or access the solar panels located on Building 2051 and all electricity generated therefrom, together with all credits, offsets, tax benefits and other incentives derived therefrom, shall belong to and inure solely to the benefit of Sublessor.
C. No later than the Commencement Date (as defined in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises▇.▇, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot▇), such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee at Sublessor’s sole cost and expense, shall (as currently in effecti) separately demise and construct the Sublessee’s Floor Lobby, (ii) close-off access to the Building 2051 central atrium from the second floor; (iii) install an E-Mon D-Mon electrical meter to monitor electrical usage to the Subleased Premises and (iv) remove all of its furniture, fixtures and equipment, including its data cabling and the water filtration systems from the Subleased Premises (collectively, the “200 Ground Lease” and Sublessor’s Work”; items (i) through (iii) of the Sublessor’s Work shall sometimes be referred to collectively herein as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseSublessor’s Construction Work”). Sublessor represents The Sublessor’s Work shall be subject to Master Lessor’s approval of all plans and warrants specifications therefor (to Sublessee that a true, correct the extent required under the Master Lease) and complete copy of constructed in accordance with the 200 Ground Lease is floor plan and specifications attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in compliance with all applicable Laws (as defined in the Exhibits Master Lease), in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Within five (5) business days after the date of Sublessor’s completion of the Sublessor’s Work, Sublessee shall have the right to submit a written “punch list” to Sublessor, setting forth any defective item of construction, and Sublessor shall promptly cause such items to be corrected. Sublessee’s acceptance of the Sublessor’s Work or Schedules the submission of a “punch list” with respect thereto shall not be deemed a waiver of Sublessee’s right to have been latent defects in the Sublessor’s Construction Work that are identified by written notice to Sublessor delivered no later than eleven (11) months following the Commencement Date repaired at no cost to Sublessee. From and after Provided Sublessee shall give notice to Sublessor of such latent defects within eleven (11) months following the date hereofCommencement Date, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery repair of such amendment, all defect as soon as reasonably practicable. The terms Upon the expiration or earlier termination of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futurethis Sublease, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on be obligated to remove the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.Sublessor’s Work,
Appears in 1 contract
Sources: Sublease (Linkedin Corp)
Premises. The Premises consists 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and subject to the covenants hereinafter set forth, to all of which Landlord and Tenant hereby agree, the space on the floor(s) specified in the Basic Lease Information (the "Premises"), as outlined on the floor plan(s) attached hereto as Exhibit "A", in the building specified in the Basic Lease Information (the "Building"), which is within the office park known as Carmel Point, San Diego, California. As used in this Lease, the Building shall include the land on which the Building is located, the parking and common areas serving the Building, and all appurtenances thereto. Tenant shall have the right to use, in common with others, the entrances, lobbies, stairs and elevators of the Building for access to be constructed the Premises and the parking and common areas serving the Building. All of the-windows and outside decks, balconies or terraces and walls of the Building and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks, or other Building facilities, and the use thereof and access thereto through the Premises for the purpose of operation, maintenance and repairs are reserved to Landlord.
1.2 Tenant currently leases approximately 10,557 rentable square feet of space located on the first floor of the Building and known as Suites 101 and 105 pursuant to a written Office Lease entered into between Landlord's predecessor-in-interest, MBL Life Assurance Corporation, and Tenant, formerly known as Independent National Mortgage Corporation, dated April 9, 1996, as amended by that certain first Amendment to Office Lease dated February 19, 1997 (collectively, the "Existing Lease")_ The 10,557 rentable square feet currently occupied by Tenant and governed by the Sublessor Existing Lease is included in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of its entirety as a portion of the land currently Premises leased by Sublessor pursuant to Tenant hereunder and, therefore, upon the Commencement Date of This Lease, the Existing Lease shall be terminated in its entirety. As of the Commencement Date of this Lease, Landlord and Tenant shall be released from all liability under the Existing Lease for all claims, damages or losses that accrue after the Commencement Date. Notwithstanding the termination of the Existing Lease, Landlord and Tenant shall remain responsible under the terms of the Existing Lease for any claims, damages or losses that accrue prior to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval Commencement Date of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 1 contract
Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, throughout the Term (as hereinafter defined), the premises ("PREMISES") consisting of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to (i) for the exclusive use of Tenant, that certain room within the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown building located on the conceptual site plan Property designated on the floorplan attached hereto as Exhibit A. The parties agree that "C", (ii) for the final locationreasonable use by Tenant in common with all others lawfully entitled to use the Property, configuration the common passageways, restrooms and area public facilities described in Exhibit "C" attached hereto, (iii) for the use by Tenant in common with all others lawfully entitled to use the Property, the parking lot located on the Property (provided, however, for so long as the 1150 Lease remains in effect, Tenant's use thereof shall be limited to a reasonable number of parking spaces for use by personnel of Tenant and its business invitees), (iv) for the use by Tenant in common with all others lawfully entitled to use such portion of the BuildingProperty, Common Facilities the freestanding AM transmission tower that was in existence on April 10, 1980 for the purpose of maintaining thereon an FM transmission antenna and Lot shall be subject cabling connecting the FM transmission antenna to approval an FM transmitter, (v) for the use by Tenant in common with all others lawfully entitled to use such portion of Sublessor the Property, the property upon which Landlord maintains an easement for coaxial cable between the FM transmitter and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly FM transmission antenna described in clause (iv) above, as reserved by Landlord pursuant to Section (d) of the hereafter defined Ground Lease Reserved Rights and Privileges (i.e., Section l(d) of the “Tradeport”1150 Lease), (vi) for the use by Tenant in common with all others lawfully entitled to use the Property, such portions of the Property as shall afford Tenant, its personnel and its business invitees reasonable ingress and egress (including vehicular ingress and egress across portions of the Property suitable for vehicular use) between Montecito Drive and all portions of the Premises and between any portion of the Premises and any other portion of the Premises, (vii) for the use by Tenant in common with all others lawfully entitled to use such portion of the Property, the space on the telephone pole for the existing auxiliary antenna, (viii) for the use by Tenant in common with all others lawfully entitled to use such portion of the Property, the existing coaxial cable, along with the path upon which such cable runs, between the Station transmitter and the auxiliary antenna referred to in clause (vii) above and (ix) for the use by Tenant in common with all others lawfully entitled to use such portions of the Property, all other portions of the Property that are currently utilized by Landlord in connection with its broadcasting operation. Sublessee shall have as a right appurtenant For the purpose of further establishing the rights of Tenant in and to the Premises, and without in common with other Tradeport tenants any way limiting such rights, Landlord hereby grants to Tenant non-exclusive easements over the Property, and occupants all portions thereof, as shall be necessary or appropriate to enable Tenant to enjoy full use (as permitted by this Lease) of and authorized users the right access to use the entrances, exits and roadways from all portions of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the TradeportPremises. Sublessor presently leases a portion Such easements shall terminate upon expiration or earlier termination of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATerm.
Appears in 1 contract
Sources: Transmission Facilities Lease (Spanish Broadcasting System Inc)
Premises. The Premises consists of the Building (a) Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorTenant, and SublessorTenant hereby leases from Landlord, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms term and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofherein, to each and all of which Landlord and Tenant hereby mutually agree, those certain Occupied and Unoccupied premises (collectively "Premises", unless otherwise specifically noted), highlighted on Exhibit A attached hereto, which include APPROXIMATELY 35,000 RENTABLE SQUARE FEET OF OCCUPIED PREMISES (the exact square footage and load factor shall be determined by final space plan; said square footage shall not be less than 35,000 square feet). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction The location of the Premises is commonly known as: 1185▇ ▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
(b) Tenant shall also have the right herein to lease AN ADDITIONAL APPROXIMATE 15,000 SQUARE FEET OF "UNOCCUPIED PREMISES" as more specifically outlined in Article 4(a)(ii) herein. Finally, Tenant shall have a "Right of First Refusal" to further add to the Premises and Unoccupied Premises identified in this Lease, provided that such Right of First Refusal applies only to vacant and unrented space in the same building as the Premises and further provided that Tenant execute within five (5) business days, of written notice from Landlord, a lease for the additional space containing the same terms and conditions which have been agreed to by the prospective tenant other than Tenant (Advanta).
(c) For purposes of this Lease, the Premises shall be measured in accordance with the terms hereofBuilding Owners and Management Association (BOMA) Method, American National Standard (ANSI Z65.1-1980, reaffirmed 1989) of floor measurement. Sublessor agrees that it Landlord shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingprovide, upon Tenant's request, the forms, terms calculations which show how the Total Rentable Area of the Building and conditions Rentable and Useable Area of the Premises Ground Lease Amendment were derived.
(d) In addition, the Premises shall be subject include the appurtenant right to use, in common with others, the prior written approval site, parking and landscaped areas. Landlord shall provide Tenant 6 NON-RESERVED PARKING STALLS PER 1,000 RENTABLE SQ. FT. OF OCCUPIED PREMISES (approximately 210 non-reserved parking stalls at the Commencement Date of Sublessee, not this Lease) in the adjacent parking lots of the Premises; one (1) of the above parking stalls to be unreasonably withheld, conditioned or delayed. Upon execution reserved stalls per each 4,500 square feet of the approved Occupied Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved designated by the PDATenant.
Appears in 1 contract
Sources: Lease (Advanta Corp)
Premises. The Premises consists (a) Licensor hereby grants to Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”, including one or more antennas at a centerline height of 310 feet above ground level on the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a eight (8) square foot portion of the land currently leased by Sublessor pursuant to Property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operations site on Exhibit “B” attached hereto (the “Lot”)space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease “Premises”.
(the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor exclusive reasonable rights of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement.
(c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that is has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including Tower or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use.
(d) Licensor shall have the right, with no less that thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cash expense, provided, however, that the area to which the Premises are relocated, wheter in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. The Premises consists of the Building Upon and subject to be constructed by the Sublessor in accordance with the terms hereof together with the rightand conditions hereinafter set forth, appurtenant thereto Landlord leases to Tenant and Tenant rents from Landlord all of Landlord’s rights and interest in and to the exclusive use of “Premises” described below:
(a) Premises:
(i) Suite Number: 100 (estimate)
(ii) Rentable Square Feet: 45,615 (estimate)
(iii) Usable Square Feet: 45,615 (estimate)
(b) Said Suite is in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) office building (the “LotBuilding”), the present, planned location and configuration of which are shown ) located or to be located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease a ground leasehold estate (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDAGround Leasehold Estate”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to under that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced (defined in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (iArticle 34 below) seek approval of this Lease and be designated the developer and lessee of upon the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee described in substantially the form of Exhibit J attached A hereto (the “PDA Non-Disturbance AgreementLand”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable). The terms Building also includes the Pedestrian Connection Hallway constructed on an easement provided under the REA (defined in Section 34). The Premises are outlined in Exhibit A-1 attached hereto and made a part hereof for all purposes. (The Building and Ground Leasehold Estate collectively referred to herein as the “Project”). The rentable area and usable area, as outlined on Exhibit A-1, are subject to adjustment pursuant to this paragraph. The square footage set forth above is subject to adjustment based upon the exact square footage contained in the Premises once the Premises have been completed. Upon completion of such the Premises, Landlord will provide Tenant with an amendment outlining the exact square footage and the related adjustments to Minimum Rent and Tenant’s Proportionate Share of Additional Charges pursuant to Section 2.1 below; SUBJECT, HOWEVER, to the matters set forth on Exhibit B attached hereto, the Landlord’s Mortgage, the Medical Center Master Lease and the Ground Lease (the “Premises Ground Permitted Exceptions”), to have and to hold for a fixed term of eighteen (18) years (the “Initial Term”) from and after the Commencement Date (hereafter defined) of the Lease Amendmentand continuing for any Extension Term properly and timely elected pursuant to Article 33 hereof. The “Term” of this Lease shall be the Initial Term and any Extension Term exercised by Tenant pursuant to terms hereof. The Commencement Date of this Lease (the “Commencement Date”) shall provide for be the addition of that portion first day of the Lot not presently leased first calendar month following the date on which Landlord has achieved Substantial Completion of Landlord’s Work (as defined in, and in accordance with, the work letter attached hereto and made a part hereof as Exhibit E) (the “Work Letter”). The taking of possession of the Premises by Tenant shall be conclusive as to Sublessor under Tenant’s acceptance of the Ground Lease to the premises currently leased thereunder on the same terms Premises and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area Landlord’s Work, subject in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject all respects to the terms of this Lease (including, without limitation, the Work Letter); provided, however, and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to notwithstanding the foregoing, the forms, terms and conditions Tenant’s taking of the Premises Ground Lease Amendment possession shall be subject not relieve Landlord from any obligation to the prior written approval of Sublessee, not complete or correct any work to be unreasonably withheldperformed or corrected by Landlord under the terms of this Lease, conditioned or delayed. Upon execution of all as provided in the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAWork Letter.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Premises. The Premises consists (a) Licensor hereby grants to Licensee the following rights (collectively “License”):
(i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (“Tower”), including one or more antennas at a centerline height of 29 feet above ground level on the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a Twelve (12) square foot portion of the land currently leased by Sublessor pursuant to Property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operations site on Exhibit “B” attached hereto (the “Lot”)space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease “Premises”.
(the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement.
(c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use.
(d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Premises. The Premises consists 2.1. In consideration of the Building Rent hereby agreed to be constructed paid to Lessor by Lessee and the Sublessor agreements and covenants herein made by Lessee, during the Lease Term, Lessor hereby leases to Lessee the Leased Premises, and grants the right to use the Common Areas of the Leased Buildings, and the right to use the Common Areas of the Lessor Complex upon the terms and conditions contained herein. The second floor of the Maxon Building (“Maxon Building Second Floor Premises”), or portions of it, may be leased on a temporary basis at Lessee’s option on or after January 1, 2005, and the rent therefor shall be based on actual cost, calculated in accordance with Rent Calculation for Monthly Unit Rent, and shall be pro rated based on the number of days/hours such second floor is used by Lessee (the “Maxon Building Second Floor Rent”) provided, however, that the second floor of the Maxon Building, or portions of it, and the land thereunder, so leased shall not be part of the Leased Premises.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Lessor Complex for the purpose of using the Leased Premises in accordance with this Agreement, (ii) to use the Common Areas of the Leased Building and (iii) to pass and ▇▇▇▇▇▇ to and from and through the Leased Buildings or any part thereof over and along roads, accessways, paths, corridors, hallways, highways, usable areas in, over, under and between the Leased Buildings, skybridges, including those connecting C1 Building and Assembly Building, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the Lessor Complex owned by Lessor (together the “Common Areas of the Lessor Complex”), provided that Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of such portions of the Lessor Complex are available for use by Lessee for the purpose of using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws, (a) to stop any such reduction by injunction, whether such reduction arises from the acts of Lessor, or any other party claiming an interest in the Lessor Complex against Lessor and (b) to reduce the rights granted by Lessee to Lessor under Section 2.2 of the Lessee Complex Lease Agreement. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee.
2.3. In addition, Lessor hereby grants to Lessee a right to register the lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “Lease Right”) with the relevant real property registry offices both for land and for buildings for a term of the Lease Term. To the extent permitted by Applicable Law, the Lease Right shall be effective as to the Land, as long as the Leased Buildings remain on the Land and Lessee uses the Leased Buildings for the purpose of operating the Business in accordance with the terms hereof together with and conditions of this Agreement. The Parties each upon the right, appurtenant thereto to the exclusive use request of the Common Facilities other agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be constructed by maintained the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion priority of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Right (the “LotSecond Priority”), subordinate only to the presentregistered rights of Lessor’s mortgagees (“Lessor’s Mortgagees”) as of one (1) day prior to the Closing Date, planned location and configuration any re-financing or replacement of which are shown on their mortgage loans (each, a “Lessor Financing”) secured against the conceptual site plan attached hereto as Exhibit A. The parties agree Leased Buildings during the Lease Term. Lessee acknowledges that the final locationany Lessor Financing may be refinanced or replaced from time to time, configuration and area Lessee agrees to take any action reasonably requested by Lessor at Lessor’s sole cost in connection therewith including de-registration of the BuildingLease Right so long as Lessor and any applicable Lessor’s mortgagee takes any action necessary to maintain or cause to be maintained the Second Priority of the Lease Right, Common Facilities including re-registration thereof.
2.4. Lessee acknowledges and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users agrees that Lessee has the right to occupy and use the entrancesLeased Premises only for the purposes provided, exits and roadways upon the terms and conditions set forth, in this Agreement.
2.5. With respect to the Generator Buildings, each of Lessor and Lessee shall cooperate with the Tradeport designated other Party and take or cause to be taken such action as may be reasonably requested by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at other Party in order to, among other requirements, institute a security program to restrict access to the TradeportGenerator Buildings solely to approved personnel. Sublessor presently leases a portion of Notwithstanding anything to the Lotcontrary set forth herein, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease with respect to Gas Plant C-1 Generator Building, Lessor shall retain 200.4 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 183.6 square meters to be designated the developer used as Joint Use Area, and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building Generator C-2 Building, Lessor shall retain 120 square meters to be used as Joint Use Area, and Common FacilitiesLessee shall lease as Leased Premises 240 square meters to be used as Joint Use Area.
2.6. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in In addition to the Leased Premises leased herein, Lessor and Lessee acknowledge and agree that necessary there may be additional space which has not been identified but which historically has been primarily used by the System IC Division of Lessor and which shall continue to be required or desired by Lessee. If, within one year of the Closing Date, any such additional space is identified and requested by Lessee, Lessor shall provide such additional space to Lessee in a manner consistent with the other Leased Premises, at a price no greater than actual cost, and, to the extent applicable, calculated consistently with the formula set forth on Exhibit C.
2.7. With respect to the CMS Room in the Assembly Building, each of Lessor and Lessee shall cooperate with the other Party and take or cause to be taken such action as may be reasonably requested by the other Party in order to, among other requirements, institute a security program to restrict access to the CMS Room solely to approved personnel. Notwithstanding anything to the contrary set forth herein, with respect to the CMS Room, Lessor shall retain 81 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 81 square meters to be used as Joint Use Area.
2.8. With respect to the Work Area in the Gas Warehouse Building, each of Lessor and Lessee shall cooperate with the other Party and take or cause to be taken such action as may be reasonably requested by the other Party in order to, among other requirements, institute a shared space program for the Lot Work Area in the Gas Warehouse Building. Notwithstanding anything to the contrary set forth herein, with respect to the Work Area in the Gas Warehouse Building, Lessor shall retain 162.5 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 162.5 square meters to be used as Joint Use Area.
2.9. Each Party shall cooperate with the other Party and take or otherwise cause to construct be taken such actions as may be reasonably requested by the Building and Common Facilities other Party in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance comply with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms other Party’s reasonable security rules and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAregulations.
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. The Premises consists (a) Licensor hereby grants to Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of 350 feet above ground level on the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a twenty (20) square foot portion of the land currently leased by Sublessor pursuant to Property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operations site on Exhibit “B” attached hereto (the “Lot”)space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease “Premises”.
(the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement.
(c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use.
(d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. The Landlord hereby leases to Tenant, and Tenant hires from Landlord those certain Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with appurtenances, situated in the rightCity of Santa ▇▇▇▇▇, appurtenant thereto to the exclusive use County of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSanta ▇▇▇▇▇, which land area shall consist State of California, consisting of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) 5-story steel frame building commonly known and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇▇ Development Authority ▇▇▇▇▇▇▇ consisting of 140,935 rentable square feet (“PDA”) for common "Building"). Unless otherwise provided herein, Tenant shall have the non-exclusive right to use at the Tradeport. Sublessor presently leases a portion of real property surrounding the Lot, such portion being Building and the building commonly known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ("4988 Building"), as lessorshown on Exhibit "A" attached hereto ----------- ("Common Area") and in accordance with the Declaration of Reciprocal Easement, Easements and Sublessor, as lessee Covenants and First Amendment (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is "Reciprocal Easement") attached hereto as Exhibit C "B". The Building, the 4988 Building and that truethe Common Area are ----------- collectively referred to herein as the "Project". Unless expressly provided otherwise, correct the term Premises as used herein shall include the Tenant Improvements (defined in Section 5.B) constructed by Landlord and complete copies Tenant pursuant to Section 5.B. With regard to the parking stalls within the Common Area, Tenant shall have the exclusive right to use the parking garage of any documents or plans referenced in approximately 488 parking spaces, except for 38 spaces which shall be available for exclusive use by the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee tenant of the land area designated as 160 International Drive (or such portion thereof as comprises 4988 Building. Tenant shall have the Lot and is otherwise necessary right to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide install security measures for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futuregarage, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as card key access, provided (i) the Ground Lease tenant of the 4988 Building is not terminable as given controlled access to the Lot should Sublessor fail parking spaces to construct improvements other than the Building be designated for such tenant at all times as determined by Tenant and Common Facilities on the Lot Landlord jointly and (ii) there are no restrictions on access to the inclusion of such additional land area will not result in any delay garage during normal business hours (unless otherwise agreed by all parties including the tenant in the permitting 4988 Building). Tenant shall also have the right to use 27 parking spaces on the on-grade parking lot to be designated for exclusive use by Tenant as shown in the Reciprocal Easement. Tenant shall have the obligation to keep the parking garage in good condition and repair, at Tenant's sole cost, except for the structural portions thereof which shall be maintained by Landlord at its sole cost. The tenant of the 4988 Building shall have the obligation to maintain the on-grade parking area at its sole cost. All other Common Area expenses shall be prorated pursuant to Section 8 of this Lease. Tenant shall also have the non-exclusive right to use all other portions of the Common Area as set forth in the Reciprocal Easement attached hereto as Exhibit B." Tenant shall have the right to install a generator (properly screened from view) benches, tables, chairs, umbrellas and other outdoor amenities, security cameras, and other similar removable equipment and furnishings in the Common Area provided: (i) all such items are installed by Tenant in a manner reasonably compatible with the design and quality of the Project; and (ii) such items do not adversely affect or construction interfere with other tenants in the Project, as reasonably determined by Landlord. In addition, Tenant shall have the right, at its sole cost, to install lighting and security devices, including card key access, in the parking garage. Landlord shall not materially modify the Common Area without prior written notice to Tenant, and no modifications shall be made to the Common Area which would materially interfere with Tenant's business or use of the Premises in accordance with or decrease the terms hereofamount of parking available for the Project. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Any modification to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment Common Areas shall be subject done in a manner which minimizes disruption to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATenant.
Appears in 1 contract
Premises. The Premises consists (a) For and in consideration of the Building rent to be constructed paid and the covenants to be performed by Tenant under this lease, Landlord agrees to lease the Premises to the Tenant, and the Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth in this lease. Except as expressly set forth in this Lease, “the Premises” is described as Space Number Three (3) and Four (4) on Citizens Dock (“the Dock”) in the County of Del Norte, State of California, more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to one hoist within each space of the Premises. Tenant shall have the exclusive right to possession of the space taken up on the Dock by the Sublessor base of Tenant’s hoist, any office space located within the Premises, freezer space as allocated by this Lease, and for temporary storage containers so long as they do not unreasonably impede access through the Premises by vehicles and pedestrians for other harbor related activities. Placement of storage containers outside the boundary shown on Exhibit A is prohibited. As to the remainder of the Premises, for the term of this Lease, Landlord grants Tenant and its employees, agents, customers and invitees, the nonexclusive right, in accordance common with the terms hereof together with Landlord and all others to whom Landlord has or may grant the right, appurtenant thereto to use the exclusive Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that govern the use of the Common Facilities to be constructed by Areas. ''Common Areas'' means the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located space within the former ▇▇▇▇▇ Air Force Base as Premises excepting those areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more particularly described fully defined in Article 9, herein. Tenant shall also have the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a nonexclusive right appurtenant to the Premises, use in common with Landlord, other Tradeport tenants in the harbor and occupants their employees and authorized users the right to use the invitees, Landlord’s common entrances, exits restrooms, parking lot and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by similar areas and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced facilities in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction vicinity of the Premises that are not leased to other tenants, subject to Landlord’s regulation of those facilities. Tenant shall not store anything off the Premises on Landlord’s property.
(b) All vehicles using the parking lots shall be operable and removed from the harbor’s parking lots and other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in accordance the harbor unless they are conducting transient loading and unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as a “Truck.” All Trucks that are doing any business with Tenant shall be on the Dock only when they are actively loading or unloading. If the Truck is waiting, it shall be parked in the boat basin parking lot. Trailers shall never be disconnected from the motor truck or truck tractor. Trucks shall back out on Citizen’s Dock. Trucks are prohibited from attempting to U-turn on the Dock. Trucks are prohibited from being left unattended. Additionally, Trucks doing business with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on Tenant are prohibited from parking between the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions “Y” intersection of the Premises Ground Dock and the entrance of the Dock excepting the unloading area below the fuel dock.
(c) The rights of Tenant under this Lease Amendment shall be are subject to the prior written approval and subordinate to any general obligation, bond, Certificate of SublesseeParticipation, not to be unreasonably withheld, conditioned loan or delayed. Upon execution other indebtedness of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the Landlord now in existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAor hereafter created.
Appears in 1 contract
Sources: Lease Agreement
Premises. The Premises consists Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant’s Space in the Building to (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Sections 10.14 and 10.15 of this Lease. Tenant’s Space, as the same may be constructed by the Sublessor expanded in accordance with the terms hereof Exhibit M, together with such appurtenances, is hereinafter collectively referred to as "the rightPremises". Tenant shall have, as appurtenant to the Premises, the right to use the “Building Parking Area” on the plan attached as Exhibit A, all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto (except as otherwise noted below or elsewhere in this Lease to the contrary), subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park (i.e. The Middlesex Technology Center) attached hereto as Exhibit A (the “Park”) from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located in the Building, and located at the Park, including, without limitation, duct shafts, electrical and common risers, main electrical room and the Common Areas shown on the Plan of the Park attached hereto as Exhibit A (collectively, the “Common Areas”), as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any amendments or modifications materially affecting the Lot, shall require Tenant’s prior written approval, which such approval shall not be unreasonably withheld or delayed. Landlord may not request any changes which would reduce Tenants Parking, limit access or visibility to the Premises. Any changes interfering with Tenant’s use and operation of its business thereon shall be at the sole discretion of the Tenant. Tenant’s consent to any request for changes shall be deemed granted in the event that Tenant fails to respond within thirty (30) days of Landlord’s written request for approval therefor; (b) all rights to access, all service areas (except that Tenant shall be entitled to the exclusive use of the Common Facilities one (1) existing tailboard loading dock and one (1) additional tailboard loading dock is to be constructed by Landlord pursuant to Article III hereof, specifically at Landlord’s cost), drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the Sublessor entire Park, if any, (e) all rights appurtenant to the Lot created in accordance with or conveyed by the terms hereof deed to Landlord, if any, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the land area appurtenant thereto comprising approximately five like, and (5g) acresall utility lines, which land area shall consist of a portion electricity, water and sewage disposal. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use, and subject to the preceding paragraph, (a) to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) Building or either, Building service fixtures and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of equipment wherever located in the Building, Common Facilities and Lot shall be subject (b) to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesalter or relocate any other common facility, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to provided that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (substitutions are substantially equivalent or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leasebetter, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingfixtures and equipment are placed above Tenant’s ceilings, the forms, terms behind its walls and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAbelow its flooring.
Appears in 1 contract
Sources: Lease Agreement (Nexx Systems Inc)
Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases and hires from Landlord those certain premises in THE INTERSTATE PLACE 1 OFFICE BUILDING (hereinafter called the "Building") which is located in the County of Onondaga and State of New York, which premises are located on the 1st and 2nd floor(s) of the Building and are outlined on the floor plan(s) attached hereto and made a part hereof as Exhibit "A", together with the right to use, in common with others, the Building Common Areas and Outside Common Areas as hereinafter defined. For purposes of this paragraph 1.01, the sum of the square feet in the Premises and Tenant's share of Building Common Areas (as defined in paragraph 1.02 hereof) shall be 17,770 leaseable square feet, 14,732 square feet of which are to be constructed improved by the Sublessor Landlord in accordance with the terms hereof together with provisions of Exhibit "C", attached hereto and made a part hereof, and 3,038 square feet of which shall be accepted by Tenant in their "AS IS" condition (such premises are collectively hereinafter referred to as the right"Premises"). Upon execution of this Lease, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and contains 21,242 leaseable square feet of space. The Premises shall include the area bounded by: the center line of any walls common to adjacent tenants, the Building Common Facilities) Area side of any wall adjoining Building Common Areas (but not the “Lot”surface thereof), the present, planned location and configuration line established by the exterior face of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area exterior walls of the Building, Common Facilities the concrete floor surface and Lot shall be subject to approval the lower surface of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease next higher floor (the “Tradeport”or roof). Sublessee shall have as a right appurtenant to the PremisesLandlord reserves unto itself, in common with other Tradeport tenants its successors and occupants and authorized users assigns, the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires and structural elements leading through the Premises in locations which will not materially interfere with Tenant's use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common Premises. No right to use at the Tradeport. Sublessor presently leases a portion any part of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy exterior of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide no easement for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot light or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct air are included in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction lease of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAhereby made.
Appears in 1 contract
Premises. (a) Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the City of Redwood City, County of San Mateo, State of California, commonly known as 700 El Camino Real (APN: 52195140) (the Building and the Land are c▇▇▇▇▇▇▇▇▇▇▇. ▇▇▇ "Property"). The Premises consists Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor approximately Two Hundred Ten (210) square feet of space on the roof of the Building for the placement of its equipment shelter and space on the roof of (he building for the placement of up to twelve (12) panel antennas and all access and utility easements (collectively. the "Premises"), as described in Exhibit B annexed hereto.
(b) Lessor hereby reserves the right upon not less than ninety (90) day's prior written notice. to require Lessee, to relocate the Lessee's antenna to another location on the Building ("Alternate Antenna Location"), in the event Lessor plans a renovation or expansion of ail or part of the Building and Lessee's antennas directly affect the portion of the Building to be constructed by renovated or expanded. In the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use event of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (such renovation or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area expansion of the Building:
(i) The Alternate Antenna Location shall, Common Facilities in Lessee's sole and Lot reasonable judgment. be similar in area and appropriateness for Lessee's purposes, (ii) Lessee is able, with reasonable efforts, to acquire any governmental approvals required for the relocation, if any, (iii) that if such required relocation occurs more than once during the Term or any Renewal Term of the Agreement, Lessor shall pay any and all expenses connected with moving Lessee, its properly and its antennas to the Alternate Antenna Location and back to the original site, provided however, any cost associated with the first temporary relocation pursuant to this Agreement shall be subject to approval borne solely by Lessee
(2) Upon conclusion of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee Building renovation, Lessee's antennas shall have as a right appurtenant be moved back to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingcost basis as provided in (b)(l)(iii), the forms, terms and conditions Lessee will cease use of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAAlternate Antenna Location.
Appears in 1 contract
Sources: Communications Site Lease Agreement (FNB Bancorp/Ca/)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, in “As-Is” condition subject to punch list and latent defect provisions and the terms of this Lease Agreement, the premises (“Premises”) depicted on the site plan attached hereto as EXHIBIT A. The Premises consists contains approximately 94,400 total square feet of rentable area (comprised of approximately 74,400 square feet of warehouse space, 20,000 square feet of office space). The Premises is located within the building (“Building”) depicted in the site plan attached hereto as EXHIBIT A containing approximately 106,650 total square feet of rentable area, inclusive of Common Building Areas. The Building, all other improvements within the area outlined on EXHIBIT A, Common Areas (as defined herein), and the real property underlying the same are collectively referred to herein as the “Project”. The Project is commonly known as the Midway Corporate Business Park – Phase I, is located at the street address of 2300-2400 Energy Park Drive, St. ▇▇▇▇, Minnesota, and is comprised of approximately 106,650 total square feet of rentable area. For purposes of this Lease, the number of square feet of rentable area in the Premises, Building and Project (including without limitation, the Common Building Areas), has been and will be determined by measuring from the exterior face of exterior walls, and from the midline or centerpoint of interior or party walls. Notwithstanding the above, in the event that Landlord is unable to secure release of the Building to be constructed by the Sublessor Department of Transportation easement document number 440909 dated April 6, 1962 in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use favor of the Common Facilities State of Minnesota Department of Transportation (“the Easement”) on or before August 15, 2005, then Landlord will have the option to be constructed by substitute the Sublessor in accordance with the terms hereof parking lot, driveway, landscaping, and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown green space improvements depicted on the conceptual alternate site plan attached hereto as Exhibit A-1. Landlord agrees to use all commercially reasonable efforts to secure the release of the Easement. If landlord has not secured the release of the Easement on or before August 15, 2005, Landlord shall continue efforts to secure its release during the term of the Lease. If the release of the Easement is secured, Landlord will, at Landlord’s sole cost and expense and as soon as possible after the release of the Easement convert the driveway, parking lot, landscaping and green spaces to reflect the site improvements reflected in Exhibit A. The parties agree that As soon as reasonably possible after the final locationCommencement Date, configuration and thereafter should there be a change in the rentable area of the BuildingPremises, Common Facilities and Lot shall be subject to approval Building or Project, Landlord will provide Tenant with a calculation of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to rentable area of the Premises, Building and Project as determined by Landlord’s architect as set forth in common with other Tradeport tenants the preceding paragraph. Thereafter, Landlord and occupants and authorized users Tenant shall execute an addendum to this Lease substantially in the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is form attached hereto as Exhibit C EXHIBIT B, confirming said determination and that trueadjusting, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureextent applicable, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to area of the Lot should Sublessor fail to construct improvements other than the Premises, Building and Common Facilities on the Lot and Project, (ii) the inclusion Base Rent, and (iii) Tenant’s Proportionate Share of Operating Expenses, to reflect the actual rentable square foot area of the Premises, Building and the Project. Until such additional land area will not result in any delay time as said as-built measurements are available and provided that such square footage is within 10% of the square footage set forth in the permitting preceding paragraph, Tenant agrees that the estimated square feet of rentable area of the Premises, Building and the Project set forth in Section 1.A. above shall be utilized to compute Base Rent, Tenant’s Proportionate Share of Operating Expenses, and any other sums due hereunder based in whole or construction in part on the square footage of the Premises or the Project and Landlord shall reconcile such amounts paid if the actual square footage is different than that set forth in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.Section 1.A.
Appears in 1 contract
Premises. (a) The Premises consists demised by this Lease (the “Premises”) will consist of a “Rentable Area” of approximately 150,000 gross square feet in above-ground office space, which constitutes the Building entire rentable area of two interconnected buildings (collectively referred to herein as the “Building”) to be constructed by Landlord as part of the Sublessor Annapolis Point Corporate Center mixed use development in accordance with A▇▇▇ Arundel County, Maryland (the terms hereof “Project”), which building is to be known as One Annapolis Point, together with the right, appurtenant thereto right throughout the Term of this Lease to use parking facilities and other Common Areas (as defined herein) all as more particularly set forth herein. The parties agree that the exclusive use name of the Common Facilities Project may be changed by Landlord at any time prior to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist Substantial Completion of a portion construction of the Building. The land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct upon which the Building and Common Facilities) is situated (the “LotLand”), the present, planned location and configuration of which are shown ) is depicted on the conceptual site plan attached hereto as Exhibit A. B (the “Site Plan”) and incorporated herein by reference, and labeled thereon as the “Land”. The parties agree that the final location, configuration Land and area of the Building, Common Facilities together with the rights of the owner of the Land and Lot Building in and to the surface parking facilities serving, inter alia, the Building are collectively referred to herein as the “Property”. The Premises is depicted in the drawing attached hereto as Exhibit A and incorporated herein by reference. Upon completion of design development drawings for the Building, the Premises will be measured in accordance with the most recent BOMA standard method of measurement.
(b) The “Rentable Area” of each of the Premises and Building shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described readjustment or re-measurement in the hereafter defined Ground Lease event of casualty or condemnation that requires a reconstruction or restoration of the Building or a part thereof, or by any contraction of the Premises (such as due to the “Tradeport”). Sublessee shall have as exercise by Landlord of a right appurtenant of recapture provided for hereunder), in each case with such re-adjustment or re-measurement to be limited solely to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDAPremises or Building, as lessorthe case may be, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAdirectly affected thereby.
Appears in 1 contract
Premises. The Premises consists of the Building (a) Lessor and Lessee are parties to be constructed by the Sublessor in accordance with the terms hereof together with the rightthat certain Lease, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresdated July 1, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) 1991 (the “Lot”"Existing Lease"), the present, planned location and configuration stated term of which expires on April 30, 2002. For good, valuable and legally sufficient consideration, and upon the expiration of the Existing Lease, Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the following described premises (the "premises"), which are shown on subject to the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and Existing Lease: Space No. A containing an area of 32,799 square feet, as outlined in red on Exhibit "A" attached hereto. This space is part of the Tonko Reyes, Inc. Commercial Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within commonly known as the former Co▇▇-▇-▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease ▇enter, fronting Harmon Loop Road, and is located on Lot No. 5012-1NEW-1, Dededo, Gua▇ (the “Tradeport”▇▇▇ "Center"). Sublessee The premises shall include the loading docks adjacent to the premises.
(b) Lessee and Lessee's employees, agents, contractors, guests, invitees, licensees and customers shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users (i) the right to use with others, any and all common areas (including without limitation common facilities and parking areas and roadways) which are currently located in the entrancesCenter and shown on Exhibit "A" hereto, exits and roadways of the Tradeport which may be designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and Lessor after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot ; and (ii) full and unimpaired access to the inclusion premises at all times. Lessor's future designation and construction of such additional land area will common areas shall not result in any delay interfere with Lessee's conduct of its business at the premises. Lessor shall ensure that the parking areas in the permitting or construction Center's common areas available to Lessee and its employees, agents, contractors, guests, invitees, licensees and customers shall be adequate for Lessee's conduct of its business at the premises throughout the term of this Lease.
(c) Lessor covenants, represents and warrants that Lessee shall have possession of the Premises in accordance premises and quiet enjoyment of the premises, and reasonable quiet, non-exclusive use and enjoyment of the common areas, along with other tenants and their agents, employees, customers, licensees and sub-tenants, during the terms hereof. Sublessor agrees term of this Lease.
(d) Each of Lessor and Lessee represents to the other that it shall not commence construction or development of any additional buildings or improvements on the premises demised has full power and authority to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend enter into this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.
Appears in 1 contract
Sources: Lease (Cost U Less Inc)
Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant, and Tenant hereby leases from Landlord, on the terms hereof together with and conditions set forth herein, the right, appurtenant thereto to space outlined on the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) attached Exhibit A (the “LotPremises”), the present, planned location and configuration of which . The Premises are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area floor(s) specified in Paragraph 2 below of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former building known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease Way, San Jose, California (the “TradeportBuilding” or the “110 Building”). Sublessee The Building is a part of the multi-building office project shown on attached Exhibit A (the “Project”) which Project consists of five (5) buildings, surface parking areas (“Parking Areas”), plaza areas, landscaping and other improvements. The land on which the Project is located and the improvements thereon are referred to herein as the “Real Property.” Tenant’s lease of the Premises shall have as a include the right appurtenant to the Premisesuse, in common with others and subject to the other Tradeport tenants and occupants and authorized users provisions of this Lease, the right to use the public lobbies, entrances, exits stairs, elevators and roadways other public portions of the Tradeport designated by Building, as well as the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion areas of the Lot, such portion being known as 200 International Drive, pursuant other portions of the Real Property that are pertinent to that certain Sublease dated April 5, 2001 by Tenant’s occupancy and between use of the PDA, as lessor, and Sublessor, as lessee Premises (as currently in effectcollectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseCommon Areas”). Sublessor represents Tenant shall comply with all recorded covenants, conditions and warrants restrictions, easements and reciprocal easement agreements (“CC&Rs”), currently or hereinafter affecting the Real Property and agrees that this Lease shall be automatically be subject and subordinate thereto; provided, however, that Tenant will not be required to Sublessee that a truecomply with, correct and complete copy of the 200 Ground this Lease is attached hereto as Exhibit C and that truewill not be subordinate to, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and CC&Rs created after the date hereofhereof which have a materially adverse effect on Tenant’s use of or access to the Premises or Parking Areas, Sublessor shall use its best efforts materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, except to (i) seek approval of this Lease and be designated the developer and lessee extent the same are mandated by law. All of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot windows and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction outside walls of the Premises and any space in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall be subject to have rights of access through the prior written approval Premises for the purpose of Sublesseeoperating, not to be unreasonably withheld, conditioned or delayed. Upon execution of maintaining and repairing the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsame.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant and Tenant hereby leases from Landlord, upon the terms hereof together with the rightand conditions herein set forth, appurtenant thereto those certain buildings (“Premises”) referred to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresParagraph 1.4 above, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown cross-hatched on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 A (a) and Exhibit D hereofA (b). The Lot is located within In addition, Tenant shall have the former ▇▇▇▇▇ Air Force Base as following rights with respect to the real property more particularly described in the legal descriptions attached as Exhibits B (a) and B (b) attached hereto (if applicable) and outlined in red on Exhibit A (a) and Exhibit A (b) (“Common Area”): (i) the non exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, as shown on Exhibit A (a) and Exhibit A (b), for the respective Buildings the location of which may be redesignated from time to time by Landlord; (ii) the nonexclusive right to use any other parking spaces within the Common Area not allocated for the exclusive use of another tenant of Landlord; and (iii) such other rights as are necessary and convenient to Tenant’s possession of the Premises or performance of Tenant’s obligations under this Lease. (Notwithstanding the number of parking spaces designated for Tenant’s exclusive use, in the event by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter defined Ground Lease in effect (collectively, “Laws”) relating to or affecting parking on the “Tradeport”). Sublessee Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have as the right to proportionately reduce the number of parking spaces designated herein for Tenant’s exclusive use.) In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right appurtenant to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the PremisesCommon Area, in common with and to the agents, employees, servants, invitees, contractors, guests, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other Tradeport tenants and occupants and user authorized users by Landlord, the non-exclusive right to use the entrances, exits Common Area for pedestrian and roadways of vehicular ingress and egress and vehicular parking and the Tradeport designated by exclusive right to use parking spaces on the ▇▇▇▇▇ Development Authority Common Area (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include excluding only that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Common Area designated herein for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except Tenant’s exclusive use for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofvehicular parking). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
Premises. The Premises consists For and in consideration of the Building covenants and agreements contained herein, Landlord does hereby lease to be constructed by Tenant the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a following: an undivided one third portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Unit 10A (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (collectively the “LotPremises”), ) in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Broadway Millennium Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former at ▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportBuilding”). Sublessee shall have as The Premises consist of a right total of approximately 2131 gross square feet (useable interior office space and common area appurtenant and/or allocated to the Premises), Tenant’s portion of Unit 10A is an unallocated and undivided 710.33 gross square feet. The Premises are generally described in Exhibit A attached hereto and incorporated herein by this reference. As long as this Lease remains in effect and Tenant is not in default hereunder beyond any applicable period of notice and cure, Tenant shall have the nonexclusive right to use, in common with Landlord, other Tradeport tenants, subtenants, employees and invitees, all entrances, stairs, restrooms and service corridors; trash enclosure, maintenance, mechanical, electrical and telephone rooms; and other public portions of the Building not leased or designated for the exclusive use of specific tenants or other occupants of Building and that are designated for the common use of all tenants and occupants and authorized users of the Building (the “Common Area”); provided, however, that Landlord shall have the right at any time, upon reasonable advance notice to use Tenant (except in case of emergency, when no advance notice will be required), to exclude access to or from the entrances, exits and roadways Common Area as Landlord may reasonably determine so long as reasonable access to the Premises is not unreasonably denied. All of the Tradeport designated by outside walls and windows of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, and electric or other utilities, sinks, or other Building facilities, and the use thereof and access thereto through the Premises for the purpose of operation, replacement, maintenance and repair, are reserved to Landlord; provided, however, Landlord shall not block any of the windows in the Premises or otherwise materially and adversely affect Tenant’s business operations in the Premises through its use of any of the foregoing, and any access through the Premises for such use shall be after reasonable prior notice to Tenant during reasonable times. ▇▇▇▇▇▇ acknowledges and agrees that it will share the interior and exterior of Unit 10A, along with two parking spaces, with other tenants, including, the ▇▇▇▇▇▇▇ Development Authority Hole Wildlife Foundation and the Meridian Group, Inc. (“PDACo-Tenants”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known Tenant shall obtain an agreement between Tenant and Co-Tenants within Unit 10A as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by how the Premises Ground Lease Amendment, the and assigned parking spaces are to be divided between them (“Ground LeaseCo-Tenant Agreement”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction Such division of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment parking spaces shall be subject to the prior written approval of Sublessee, between Tenant and Co-Tenants and not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAinvolve Landlord.
Appears in 1 contract
Sources: Lease Agreement
Premises. The Premises consists Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant’s Space in the Building to (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Section 10.14 of this Lease. Tenant’s Space, as the same may be constructed by the Sublessor expanded in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor Exhibit C or reduced in accordance with Section 10.22, together with such appurtenances, is hereinafter collectively referred to as “the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresPremises”. Tenant shall have, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, the right to use, in common with other Tradeport tenants of the Building, the area shown as “Building Parking Area” on the plan attached hereto as part of Exhibit A, all subject to and occupants and authorized users as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use the entrancesin common with others entitled thereto (including, exits and roadways but not limited to, other tenants of the Tradeport designated by Building), subject to reasonable rules of general applicability to tenants and owners of other lots in the ▇▇▇▇▇ Development Authority park shown on the Plan of the Park attached hereto as part of Exhibit A (the “PDAPark”) for from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common use areas now or hereafter located in the Building or at the Tradeport. Sublessor presently leases a portion Park (the “Common Areas”), including, without limitation, the duct shafts, electrical and common risers, main electrical and furnace room, restrooms, fitness center, cafeteria, elevator(s), atriums, loading dock, dumpster and the Common Areas shown on the Plan of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Park attached hereto as Exhibit C and that trueA, correct and complete copies of any documents as such Common Areas may be altered or plans referenced in modified by Landlord from time to time during the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date Term hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is it being understood and agreed that Sublessor any alterations or modifications materially affecting the Lot, or otherwise materially interfering with Tenant’s use and operation of its business thereon, shall seek require Tenant’s prior written approval, which such approval may not be unreasonably withheld or delayed (unless there is a material interference with Tenant’s use and operation of its business thereon, whereupon approval may be withheld in Tenant’s sole direction); (b) all rights to amend access, all service areas, all loading areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the 200 Ground Lease entire Park, if any, (e) all rights appurtenant to include land area in addition to that necessary for the Lot created in or otherwise conveyed by the deed to construct Landlord, if any, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and Common Facilities in order the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord agrees to allow Sublessor maintain continuous food service and a fitness center at the Building during the entire Term. Landlord reserves the right from time to construct in the futuretime, additional buildings without unreasonable interference with Tenant’s use, and improvements (subject to the terms preceding paragraph, to install, repair, replace, use, maintain and conditions hereof). Sublessee agrees that relocate for service to the Premises Ground Lease Amendment may include and to other parts of the Building or either, building service fixtures and equipment wherever located in the Building, provided that: (a) any substitutions are equivalent or better quality and capacity and (b) such additional land so long as (i) fixtures and equipment are placed above Tenant’s ceilings, behind its walls and below its flooring. In connection therewith, Landlord agrees to provide Tenant with prior reasonable notice before any such entry into the Ground Lease is not terminable as Premises and to repair any and all damage resulting therefrom, restoring the Premises to the Lot should Sublessor fail substantially similar condition it was in prior to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of any such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAentry.
Appears in 1 contract
Premises. The Premises consists of the Building Sublessor hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightSublessee, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSublessee hereby -------- subleases from Sublessor, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)Premises, the present, planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area second floor of the Building, Common Facilities and Lot shall be subject to approval consisting of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofapproximately twelve thousand (12,000) rentable square feet ("Subleased Premises"). The Lot parties acknowledge that the Subleased Premises does not include Sublessor's QA lab, which consists of approximately 720 rentable square feet and is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant adjacent to the Subleased Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Subleased Premises Ground Lease Amendment”) shall provide for the addition consists of that portion of the Lot not presently leased to Sublessor under the Ground Lease Premises that is being relinquished by Nextel pursuant to the premises currently leased thereunder on the same terms First Amendment to Sublease. Because Nextel and conditions except for ground rent and construction obligations of Sublessor to the PDA Sublessee have not yet agreed with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable specificity as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion exact amount of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not rentable space to be unreasonably withheldrelinquished by Nextel, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendmentand, in turn, taken by Sublessee, Sublessor and Sublessee agree that an Addendum to Sublease, in the form attached hereto, shall amend be entered into when Nextel and Sublessee have so agreed. Until the Addendum is executed by Sublessor and Sublessee, Sublessee shall continue making all rental and other payments due hereunder on the basis of 12,000 square feet of rentable space. In the event that Subleased Premises are agreed to be less than 12,000 square feet of rentable space, Sublessee shall not be entitled to any refund or reimbursement from Sublessor for any sums paid or owing by Sublessee pursuant to this Lease as necessary to reflect Sublease on the existence thereof and to include such other amendments basis of the square footage of the Subleased Premises, including Monthly Base Rent or Additional Rent, for any period prior to the Exhibits hereto as is reasonably necessary to reflect the configuration effective date of the Lot Addendum to Sublease. In all events, and irrespective of what Nextel and Sublessee agree, the total rentable square footage of the Subleased Premises and Nextel's premises under the Nextel Sublease (as approved amended) shall equal 23,472 rentable square feet, and Sublessor shall not be bound by any agreement between Sublessee and Nextel to the PDAcontrary.
Appears in 1 contract
Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorTenant, and SublessorTenant hereby leases from Landlord, as lessee (as currently in effect, the “200 Ground Lease” on and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofof this Lease, the office space identified in the Basic Lease Information as the Premises (the “Premises”), in the Building located at the address specified in the Basic Lease Information (the “Building”). Sublessee agrees The approximate configuration and location of the Premises is shown on Exhibit A. Landlord and Tenant agree that the Rentable Area of the Premises Ground and Tenant’s Share for all purposes under this Lease Amendment may include such additional land so long as shall be the Rentable Area and Tenant’s Share specified in the Basic Lease Information (i) the Ground Lease is not terminable as unless modified pursuant to the Lot should Sublessor fail provisions of this Lease). Tenant also shall have the right during the Term of the Lease to construct the nonexclusive use of the sidewalks, parking facility serving the Building (the “Parking Facility”), elevators, stairs, corridors and other common areas of the Property (collectively, the “Common Areas”), subject to the provisions of this Lease regarding such use. The real property on which the Building is located and all improvements other than thereon (including the Building and the Common Facilities on Areas) are referred to herein, collectively, as the Lot “Property.” Tenant agrees and acknowledges that all references to the “Property” and the “Project” are to that certain real property consisting of approximately 9.4 acres and the buildings located thereon commonly known as 10100 and ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. As of the Commencement Date, Landlord will also own commercial property adjacent to the Property consisting of approximately 2.5 acres of real property and a commercial building located thereon commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (ii) the inclusion of such additional land area will “Stevens Creek Property”). The Stevens Creek Property is not result in any delay included in the permitting Property or construction the Project for the purposes of determining rent hereunder, and Tenant agrees and acknowledges that the Stevens Creek Property may be sold by Landlord and/or redeveloped for other uses at a later date, and Tenant waives any and all claims arising out of any sale and/or redevelopment of the Premises in accordance with Stevens Creek Property; provided, however, that the terms hereof. Sublessor agrees that it foregoing waiver shall not commence construction be deemed to be a waiver of Tenant’s rights as an occupant of the Property to appear at public meetings and otherwise file claims to oppose or development support any planned use or redevelopment of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Stevens Creek Property in the same manner and to the Ground Lease until same extent as other owners and occupants of real property in the Delivery Date. Subject to the foregoing, the forms, terms and conditions vicinity of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAStevens Creek Property.
Appears in 1 contract
Sources: Lease Agreement (Verigy Ltd.)
Premises. The Premises consists Subject to and with the benefit of the Building provisions of this lease, Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTenant leases from Landlord, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown Tenant's space on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area second floor of the Building, Common Facilities excluding exterior faces of exterior walls, all common facilities of the Building and Lot all building service fixtures and equipment serving (exclusively or in common) other parts of the Building. Tenant's space includes approximately nine thousand four hundred ninety (9,490)square feet of switch space and three thousand (3,000) square feet of office space on the second floor of the Building. The Building is outlined in red upon the plan attached as Exhibit A. Tenant's space, with such exclusions, is hereinafter referred to as "the demised premises". In addition, Tenant shall be have the exclusive right to use that portion of the roof outlined on Exhibit A-2 to install and maintain certain equipment (other than antennae and other transmitting devices) approved by Landlord and at no additional charge. Tenant shall have, as appurtenant to the demised premises, the right to use in common with others entitled thereto, subject to approval reasonable rules from time to time made by Landlord of Sublessor which Tenant is given notice: (i) the common facilities, including cafeteria and Sublessee exercise room (without monthly or annual fees, except as provided for as part of Operating Expenses) from time to time included in accordance with Article 3 the Building or on the parcel of land on which the Building is located (said parcel being more particularly described in Exhibit F and Exhibit D hereofbeing hereafter referred to as "the Lot"), to the extent from time to time designated by Landlord; and (ii) the building service fixtures and equipment serving the demised premises. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated represented by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases area outlined by a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as bold line upon said Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. A. It is understood and agreed that Sublessor shall seek said plan is intended only to amend show the 200 Ground Lease to include land area in addition to that necessary for approximate size of the Lot or otherwise to construct as presently constituted and the approximate size and location of the Building and Common Facilities in order for no other purpose. Landlord reserves the right from time to allow Sublessor time (a) to construct install, repair, replace, use, maintain and relocate for service to the demised premises and to other parts of the, Building or either, building service fixtures and equipment wherever located in the futureBuilding; (b) to alter, additional buildings relocate or eliminate any other common facility; (c) to designate specific parking areas upon the Lot to be for the exclusive use of one or more users thereof; (d) to designate specific traffic routes for trucks and improvements other delivery vehicles; (subject e) to alter the size of the Building, including, without limitation, converting warehouse space to office space or office space to warehouse space; and (f) to increase and/or decrease the size of the Lot by the acquisition of adjacent land and/or the disposition of any portions thereof. No such increase or decrease shall be deemed to have occurred until Landlord shall give Tenant notice thereof. Landlord shall designate parking for at least twenty (20) cars as "Reserved for Customers" reasonably proximate to the terms and conditions hereof)Building entrance. Sublessee agrees that Notwithstanding the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor foregoing, ▇▇▇▇▇▇▇▇ agrees that it shall not commence construction unreasonably adversely impair access to or development of any additional buildings or improvements on egress from the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDApremises.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of this Lease, the office space identified in the Basic Lease Information (the "PREMISES"), in the Building identified in the Basic Lease Information (the "BUILDING")"), together with the non-exclusive right in common with others to use those areas provided for the common use or benefit of tenants generally and/or the public, such as corridors, halls, passages, exits, entrances, elevator foyers, common mail rooms, restrooms, vending areas, elevators, stairways and lobby areas in the Building, and parking areas, including the Parking Facility (as defined below), and accompanying driveways, streets, pathways and sidewalks, and other similar facilities in the Project serving the Building (collectively, "COMMON AREAS"). The approximate configuration and location of the Premises consists is shown on Exhibit A. Landlord and Tenant agree that the rentable area of the Building and the usable area and rentable area of the Premises for all purposes under this Lease shall be the Usable Area and Rentable Area, respectively, specified in the Basic Lease Information; provided, however, that the Usable Area and/or Rentable Area may be subject to be constructed by a one-time only redetermination at either party's option whereby Landlord shall have the Sublessor Usable Area and/or Rentable Area of the Premises and/or the Rentable Area of the Building determined in accordance with the terms hereof together with American National Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 or any successor standard adopted by the right, appurtenant thereto Building Owners and Managers Association International (the "BOMA STANDARD"). Written notice of such option shall be given to the exclusive use other party no later than the later of (a) sixty (60) days after the Commencement Date, or (b) one (1) year after the date of Substantial Completion of the Common Facilities to be constructed by the Sublessor in Building. In accordance with the terms hereof and BOMA Standard, the land Usable Area of the Premises is that area appurtenant thereto comprising approximately five (5) acres, which land area shall consist enclosed by the inside finished surface of a the dominant portion of the land currently leased by Sublessor permanent outer building walls, the finished surface of the office area side of the corridor wall (with no deduction for alcoves, recessed entrances or similar deviation from the corridor line) and the center of partitions that separate the area being measured from adjoining areas other than the corridor. The Premises includes the entry doors thereto. The Rentable Area of the Premises shall mean the Usable Area of the Premises together with its associated share of floor common areas and building common areas of the Building. Such share shall be determined pursuant to the 200 Ground Lease (defined below) and a portion BOMA Standard in effect as of the land area designated as 160 International Drive (Lease Date, or, with respect to any expansion, contraction or such portion thereof as is necessary to construct relocation of the Building and Common Facilities) (the “Lot”)Premises, the presenteffective date of any expansion, planned location contraction or relocation right provided herein, or any amendment hereto expanding, contracting or relocating the Premises, as applicable, and configuration of which are shown on shall reflect the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration floor common area and building common area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within Building at the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways completion of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion buildout of the LotPremises under this Lease, or under such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDAright or amendment, as lessorapplicable. Rentable Area shall exclude any major vertical penetrations of a floor, but shall include columns and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise projections necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitiesas specified in the BOMA Standard. It is understood and agreed that Sublessor Landlord shall seek to amend certify the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct Rentable Area of the Building and Common Facilities in order to allow Sublessor to construct in and/or the future, additional buildings and improvements (subject to Usable Area and/or the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction Rentable Area of the Premises in accordance with a written notice to Tenant when the terms hereof. Sublessor agrees that it determination is completed and said determination shall not commence construction or development become the Rentable Area of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) Building and/or the Usable Area and/or Rentable Area of the Premises, as applicable, in the Basic Lease Information and for all purposes under or pursuant to the Ground Lease until Lease, effective as of the Delivery Commencement Date. Subject to The Project identified in the foregoingBasic Lease Information (the "PROJECT") includes, among other things, the formsBuilding, terms the parking facilities serving only the Building (the "PARKING FACILITY"), and conditions the parcel(s) of Land on which the Premises Ground Lease Amendment shall be subject Building and the Parking Facility are situated (the "Land"). The Building, the Parking Facility and the Land are sometimes collectively referred to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend in this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAProperty.
Appears in 1 contract
Sources: Lease Agreement (Riddell Sports Inc)
Premises. The Premises consists (a) Landlord is the owner of the Building to be constructed by real property described in EXHIBIT A attached hereto and incorporated herein (the Sublessor in accordance with "LANDLORD'S LAND") and the terms hereof together with buildings and ancillary improvements and personal property located thereon (the rightLandlord's Land and such buildings, appurtenant thereto improvements and personal property are collectively known as the "LANDLORD'S FACILITIES"). Subject to the exclusive use other terms and conditions contained in this Lease, Landlord hereby demises and leases to Tenant:
(i) the premises (the "PREMISES") which shall be comprised of (w) the space marked in blue in EXHIBIT B-1 (the "WARNER SPACE") and (x) the space marked in green in EXHIBIT B-2 (the "MAIN BUILDING PREMISES") which space includes the space labeled "Solvent Storage" (the "SHED PREMISES") and the space labeled "2nd Floor Plan Utility Support" (the "SECOND FLOOR HIGH CONTAINMENT MANUFACTURING PREMISES") of the Common Facilities to be constructed by building (the Sublessor "HIGH CONTAINMENT MANUFACTURING BUILDING") in accordance with which the terms hereof Warner Space is located (the Main Building Premises, the Second Floor High Containment Manufacturing Premises and the land area appurtenant thereto comprising approximately five Shed Premises are sometimes collectively herein referred to as the "SHARED SPACE");
(5ii) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant right to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesuse, in common with other Tradeport tenants Landlord and occupants its successors and authorized users assigns, for vehicular and pedestrian traffic and parking, the driveways, access roads, rights of way and parking areas (as the same exist from time to time) now or hereafter serving the Landlord's Facilities (the "ACCESS AND PARKING FACILITIES");
(iii) the right to use the entrancesuse, exits in common with Landlord and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by its successors and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leaseassigns, (iiix) steam produced at Landlord's Facilities, (y) water and sewer services now or hereafter provided to cause or servicing the PDA to enter into a non-disturbance agreement with Sublessor Landlord's Facilities by public utilities and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”z) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA transmission facilities with respect to the services described in clauses (x) and (y) (the shared utility services are hereinafter referred to as the "COMMON UTILITIES");
(iv) the right to use, in common with Landlord and its successor and assigns, the common areas, including, without limitation, corridors, hallways, elevators, lavatories, stairwells, and loading docks located in each of the High Containment Manufacturing Building and Common the Main Building Premises (collectively, the "Buildings");
(v) the right to use, in common with Landlord and its successors and assigns, the cafeteria facility located in Main Building in accordance with Landlord's reasonable rules and regulations, provided that the same are similar in nature (including pricing) as those that apply to Landlord's employees; and
(vi) the right to locate a construction office type trailer on Landlord's Land in the area on the eastern side of the High Containment Manufacturing Building and to connect to the utility lines servicing Landlord's Facilities. It is understood and agreed that Sublessor shall seek to amend Tenant hereby hires, takes and leases all of the 200 Ground Lease to include land area in addition to that necessary foregoing (collectively, the "LEASED PROPERTY") from the Landlord, for the Lot or otherwise to construct term, at the Building rental and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to on the terms and conditions hereofset forth in this Lease, subject only to the exceptions to title described in EXHIBIT C attached hereto and incorporated herein (the "PERMITTED ENCUMBRANCES"). Sublessee .
(b) In addition, Landlord covenants and agrees that it will cooperate with Tenant and the Premises Ground Lease Amendment may include applicable utility company with respect to granting, and hereby does grant to Tenant, a nonexclusive easement, over the Landlord's Land and for the benefit of Tenant, the Leased Property and such additional land so long as utility company, for the purpose of providing electrical power and other required utilities to the Leased Property.
(i) Landlord reserves a nonexclusive easement for the Ground Lease is use of the Shared Space for the purpose of manufacturing pharmaceuticals. In using such easement, Landlord shall not terminable as interfere with Tenant's use of the Shared Space for the purpose of manufacturing that certain product (the "PRODUCT") identified in a certain new drug application to be submitted by Tenant to the Lot should Sublessor fail U.S. Food and Drug Administration. Landlord and Tenant shall communicate and cooperate from time to construct improvements other than time to facilitate the Building and Common Facilities on use by Landlord of the Lot and Shared Space for pharmaceutical manufacturing purposes in a manner that does not interfere with Tenant's use of the Shared Space for the manufacture of the Product.
(ii) Landlord may only use the inclusion Second Floor High Containment Manufacturing Premises for such uses as are in compliance with all applicable laws and do not interfere with Tenant's use thereof.
(iii) Landlord reserves the right, exercising its reasonable discretion, to promulgate, modify and enforce from time to time regulations for the use of such additional land area will not result in any delay the Shared Space and the portion of the Landlord's Facilities that Tenant is granted the right under Section 1.1 hereof to use for the purpose of facilitating the use of Landlord's Facilities for manufacture of pharmaceutical and other products for itself and third parties. Landlord may not, however, interfere with the manufacturing of the Product in the permitting or construction Shared Space.
(iv) In exercising its rights to use parts of the Premises in accordance with the terms hereof. Sublessor agrees that it Shared Space and Landlord's Facilities under Section 1.1, Tenant shall not commence construction interfere with Landlord's use of the Shared Space or development such Landlord's Facilities for manufacturing purposes, and in exercising its rights to use parts of any additional buildings or improvements on the premises demised Shared Space as permitted in Section 1.1, Landlord shall not interfere with Tenant's use of the Shared Space for the purposes permitted under this Lease.
(v) Neither party shall be deemed to Sublessor (or any affiliate thereof) have defaulted in the performance of its obligations under or pursuant this Lease to the Ground Lease until extent that the Delivery Date. Subject to the foregoing, the forms, terms and conditions act or neglect of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include other party has prevented such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAperformance.
Appears in 1 contract
Sources: Lease (Duramed Pharmaceuticals Inc)
Premises. The Premises consists (a) Landlord, in consideration of the Building rent to be constructed paid and the covenants to be performed by Tenant, does hereby demise and lease unto Tenant, and Tenant hereby rents and hires from Landlord, those certain premises designated in Section 1.01(d) hereof (hereinafter referred to as the Sublessor “Premises”) in accordance with the regional retail development commonly known as “The Gardens”, situated in the City of Palm Beach Gardens, Palm Beach County, Florida, subject to covenants, restrictions and easements of record and the terms hereof together with the rightand provisions of that certain Ground Lease, appurtenant thereto dated June 14, 1984, between The Gardens Venture, L.L.C., successor to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTrustees under Trust Agreement, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)dated December 28, the present1983, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDAMacArthur Liquidating Trust, as lessorLessor, and SublessorLandlord, as lessee Lessee, as amended (hereinafter referred to as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents , and warrants to Sublessee that a true, correct certain Reciprocal Easement and complete copy Operating Agreement now or hereinafter entered into by Landlord with the lessees of the 200 Ground Lease Department Store Sites. It is attached hereto agreed that the term “The Gardens” as used herein shall mean and refer to the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site, the Sears Site and the Shopping Center, all as shown on the site plan which is set forth on pages 1 and 2 of Exhibit C “A” hereto, and that truelegal descriptions of which are set forth on Exhibit “B” hereto. It is agreed that, correct wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site and complete copies of the Sears Site, except as otherwise specifically stated herein. In the event Landlord elects to enlarge the Shopping Center and/or The Gardens, any documents or plans referenced additional area may be included by Landlord in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after definition of the date hereof, Sublessor shall use its best efforts to (i) seek approval Shopping Center and/or The Gardens for purposes of this Lease Lease. Landlord shall also have the right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor area of the Shopping Center shall be designated accordingly adjusted.
(b) The exterior walls and the developer roof of the Premises and lessee the area beneath the Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Premises serving other parts of the Shopping Center, is hereby reserved unto Landlord. Landlord reserves an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Premises, and below the floor of the Premises, for general access purposes and in connection with the exercise of Landlord’s other rights under this Lease.
(c) Landlord reserves the right at any time, and from time to time, to make alterations to, and to build additional stories on the building in which the Premises are located, and to construct other buildings and improvements in the Shopping Center, including any modifications of the common areas in connection therewith, to enlarge or reduce the Shopping Center, to add decks or elevated parking facilities, and to sell or lease any part of the land area designated comprising the Shopping Center, as 160 International Drive (or such portion thereof as comprises shown on Exhibit “A”, for the Lot and is otherwise necessary to construct the Building and Common Facilities) (iiconstruction thereon of a building(s) to amend the 200 Ground Lease to include that portion be occupied by a Department Store(s) which may or may not be part of the Lot not presently leased Shopping Center. Landlord also reserves the right at any time, and from time to Sublessor under time, to change, modify, or abolish any temporary off-site utility serving the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form Shopping Center. The purpose of Exhibit J attached hereto (“A” is to show the approximate location of the Premises within the Shopping Center and Landlord reserves the right at any time to relocate, reduce, enlarge, or reconfigure the various buildings, parking areas and other common areas shown on Exhibit “PDA Non-Disturbance AgreementA”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment Tenant hereby consents to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion exercise by Landlord of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms rights set forth in this Section 2.01(c) and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion exercise of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it rights by Landlord shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) diminish Tenant’s obligations under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.
Appears in 1 contract
Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Premises. Landlord hereby leases to Tenant for the term and upon the covenants hereinafter set forth, (a) a parcel of property in the City of COLUMBUS, County of DELAWARE, and the State of OHIO, containing FOUR AND THREE HUNDRED FIFTY EIGHT THOUSANDS (4.358) acres of land (the "Premises") located adjacent to the shopping center designated as POLARIS FASHION PLACE, or by such other name as Landlord may, from time to time hereafter designate (the "Shopping Center") and (b) the right and easement to use in common with others entrances, roadways, service drives, parking lots and other access areas located in or serving the Shopping Center and/or located in or serving the outparcels adjacent thereto which are owned by Landlord, as more fully set forth in Article V hereof. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto and made a part hereof as Exhibit A. The parties agree that the final location"A", configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (legal description attached hereto and made a part hereof as Exhibit "B". In the “Tradeport”). Sublessee shall have as a right appurtenant to event of any inconsistency between the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways site plan of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C "A" and that truethe legal description attached hereto as Exhibit "B", correct and complete copies the legal description on Exhibit "B" shall be the authoritative description. Notwithstanding the foregoing, however, Landlord agrees not to modify the Access Easement Area (as defined in Section 5.02 hereof), without the prior written consent of any documents Tenant, which consent Tenant agrees not to unreasonably withhold or plans referenced in delay. Landlord further agrees to use commercially reasonable efforts not to materially interfere with access to, or visibility of, the Exhibits or Schedules thereto have been delivered to Sublessee. From and after Premises from the date hereof, Sublessor shall use its best efforts to (i) seek approval Shopping Center during the term of this Lease and be designated as it develops the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment 1.617 acre parcel adjacent to the Ground Lease Premises shown on Exhibit A, page 2 hereof (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofhereinafter known as "Parcel C"). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.
Appears in 1 contract
Premises. The Premises consists (a) Lessor has a leasehold estate in the property described on Exhibit A (the “Entire Property”) as the assignee of the Building lessee’s interest in the Amended and Restated Lease Agreement dated January 20, 1995 (the “Master Lease”) between Greenville Marine Corporation (“Master Lessor”) and Rainbow Entertainment, Inc. (“Rainbow”). Rainbow assigned its interest in the Master Lease to Lessor by an Assignment and Assumption of Lease Agreement dated October 24, 1995. Lessor is leasing the Entire Property for the purpose of developing and operating a gaming and casino riverboat or barge facility (the “Casino”).
(b) Lessor hereby subleases to Lessee, and Lessee hereby subleases from Lessor, that portion of the Entire Property described in Exhibit B hereto including all improvements now or hereafter existing thereon (the “Premises”).
(c) Upon the request of either party, Lessor and Lessee will use their best efforts to cause the Entire Property to be constructed by subdivided between the Sublessor Premises and the remainder of the Entire Property (the “Remainder Parcel”), and to obtain Master Lessor’s cooperation in accordance with such subdivision.
(d) Lessor also irrevocably grants to Lessee the terms hereof together with the rightunrestricted right to adequate unobstructed means of ingress and egress, appurtenant thereto for pedestrian and vehicular access for all purposes incident to the exclusive Lessee’s use of the Common Facilities to be constructed by Premises, over and across (i) the Sublessor in accordance with the terms hereof Remainder Parcel, (ii) all roads, entrances and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist other means of a portion of the land currently leased by Sublessor pursuant access to the 200 Ground Lease (defined below) and a portion Remainder Parcel from the publicly dedicated right of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) way (the “LotAccess Routes”), and (iii) any parking facilities of Lessor located adjacent to the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease Remainder Parcel (the “TradeportAdjacent Facilities”). Sublessee Lessor reserves the right to adequate unobstructed means of ingress and egress for pedestrian access over and across a right of way through the Premises designated by Lessee for the purpose of access to any support structures, moorings, bridges, or other means of access to the Casino. Lessee shall have as a the right appurtenant to adopt rules and regulations concerning the rights of Lessor and its customers, employees, suppliers and other invitees to have access to such designated right of way through the Premises. In addition, in common with Lessor irrevocably grants to Lessee and its customers, employees, suppliers, and other Tradeport tenants and occupants and authorized users invitees the right to use all parking facilities located anywhere on the entrances, exits Remainder Parcel or the Adjacent Facilities in common with and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms basis as Lessor and conditions except for ground rent its customers, employees, suppliers, and construction obligations other invitees and the unrestricted right of Sublessor ingress and egress to and from such parking facilities. Further, Lessee agrees that in no event will Lessor reduce the number of parking spaces on the Remainder Parcel to fewer than 150, which shall be adjacent to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Premises. The Premises consists Landlord hereby leases, lets and demises unto Tenant, and Tenant hereby leases and rents from Landlord, upon and subject to the provisions of this Lease, the Rentable Area of the Building to be constructed by the Sublessor Premises in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area tract of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee land (“Land”) situated in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇▇ Air Force Base as County, Texas and more particularly described in the hereafter defined Ground Lease on Exhibit “B” attached hereto and incorporated herein for all purposes (the Building, the Land, the parking areas (including covered and uncovered parking areas) and all “TradeportCommon Areas” (hereinafter defined) being hereinafter collectively referred to as the “Project”). Sublessee shall have as a , TO HAVE AND TO HOLD said Premises for the Term, and further grants to Tenant the non-exclusive right appurtenant to the Premises, in common along with other Tradeport tenants tenants, their employees and occupants and authorized users the right invitees to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements parking areas (subject to the terms set forth in Exhibit “D” hereto and conditions hereofany exclusive parking rights from time to time granted by Landlord), walkways, driveways and other common areas of the Project (collectively, the “Common Areas”), subject to the provisions of this Lease. Sublessee agrees that Such space so leased to Tenant is herein called the “Premises” and is reflected on the floor plans (“Floor Plans”) of the Building attached hereto as Exhibit “A”. The exact square footage of the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion shall be calculated by Landlord’s architect at completion of such additional land area will not result in any delay in the permitting or construction of the Premises leasehold improvements and shall be measured in accordance with the terms hereof. Sublessor agrees most recently published BOMA standard “ANSI Z65.1-1996” as interpreted by written guidance published by BOMA entitled “Answers to 26 Key Questions About the ANSI/BOMA Standard for Measuring Floor Area in Office Buildings”; provided that it in no event shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to contain less than 26,500 square feet of Rentable Area without the prior written approval consent of Sublessee, not to be unreasonably withheld, conditioned or delayedLandlord. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.The “
Appears in 1 contract
Sources: Lease (Tesco Corp)
Premises. The Premises consists This Lease shall become effective when it has been signed by Landlord and Tenant (the date this Lease becomes effective being the “Effective Date”). Subject to this Lease becoming effective, Landlord hereby leases to Tenant, and Tenant hires from Landlord those certain premises situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, being all of the Building to be constructed by the Sublessor rentable square footage contained in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof that certain building commonly known and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇ Development Authority (the “Premises”), the general location of such building being shown on Exhibit “A” attached hereto. For purposes of this Lease, the square footage of the building in which the Premises is located (“PDABuilding”) for common is deemed to be eighty two thousand five hundred seventy four (82,574) rentable square feet. Tenant shall have the nonexclusive right during the Lease Term (defined in Section 4.A below) to use at the Tradeport. Sublessor presently leases a portion two hundred eighty nine (289) of the Lotparking spaces within the Common Area (defined below), such portion being known as 200 International Drive, pursuant to provided however that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be Tenant may not use any parking spaces upon an Additional Building Parcel (defined below) which are designated by the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery owner of such amendment, all as soon as reasonably practicable. The terms of such amendment Additional Building Parcel from time to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide time for the addition exclusive use of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms its tenants and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureother designated users, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion number of such additional land area will not result in any delay parking spaces which Tenant is allowed to use under this Lease shall be proportionally reduced in the permitting or construction event the size of the Premises decreases or there is a taking of the Common Area which decreases the number of parking spaces in accordance the Project. In addition, during the Lease Term, Tenant shall have the non-exclusive right to use other areas in the Project designated by Landlord as common area from time to time (the parking areas and such other areas designated by Landlord as common area being the “Common Area”) including but not limited to sidewalks, service areas, and other common exterior facilities. Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements (defined in Section 6.B below). The Building and Common Area are situated within a project site shared with the terms hereof. Sublessor agrees that it shall not commence construction or development of any four (4) additional buildings or improvements shown generally on Exhibit “A” attached hereto (“Project”). The four (4) additional buildings in the premises demised Project consist of the following buildings owned by various entities (each, an “Additional Building”): (i) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to Sublessor contain eighty two thousand one hundred forty four (or any affiliate thereof82,144) under or pursuant rentable square feet,; (ii) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain one hundred two thousand one hundred thirty nine (102,139) rentable square feet; (iii) 6480 Via Del Oro (the “6480 Via Del Oro Building”), deemed to contain one hundred two thousand one hundred thirty nine (102,139) rentable square feet; and (iv) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain sixty four thousand three hundred eighty five (64,385) rentable square feet. The parcel of land upon which an Additional Building is located is referred to in this Lease as an “Additional Building Parcel”. Landlord shall have the right, in its sole and absolute discretion, from time to time, to do the following, provided that reasonable access to the Ground Lease until the Delivery Date. Subject to the foregoingPremises remains available, the forms, terms and conditions such changes or actions do not materially interfere with Tenant’s use of the Premises Ground or its business operations, and the number of parking spaces allocated to Tenant Landlord and Tenant have agreed to use the square footage numbers set forth in this Lease Amendment as the basis of calculating the rent due under this Lease and Tenant’s Allocable Share (defined in Section 9.E below). The rent per square foot numbers set forth in the third column of the Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet is intended solely as an approximate number calculated based on the agreed upon rentable square footage number for the Premises set forth in this Lease. Notwithstanding such rent per square foot numbers, the Base Monthly Rent amount set forth in the second column of such Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet shall control and shall not be subject to revision if the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution actual square footage of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend is more or less than the square footage stated in this Lease. The rent due under this Lease and Tenant’s Allocable Share shall not be subject to revision if the actual square footages are more or less than as necessary stated in this Lease, except in the event of a physical expansion or contraction of the rentable square footage in the Premises or Project, in the event of a partial taking of the Project which reduces the parking spaces within the Project as described in Section 17 below, or as otherwise expressly provided in this Lease. No representation or warranty of any kind, express or implied, is given to reflect the existence thereof and to include such other amendments Tenant with respect to the Exhibits hereto as is reasonably necessary to reflect the configuration square footage or acreage of the Lot as approved by Premises, Building or any other portion of the PDAProject. Landlord shall have no liability to Tenant if the square footages or acreage described in this Lease differ from the actual square footages or acreage.
Appears in 1 contract
Sources: Lease (Extreme Networks Inc)
Premises. The Premises consists Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord, for the purposes set forth in Section 8 hereof, the following described space (hereinafter called the “Premises”): approximately 20,000 rentable square feet of space comprising the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist 1st floor of a portion 5-story building commonly known as Building I of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) National Data Plaza (the “LotBuilding”), ) [but excluding those portions thereof that are to constitute Common Area pursuant to Paragraph 2 of the present, planned location and configuration of which are shown Basic Lease Provisions] located on the conceptual site plan real property described in Exhibit “A” attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportProperty”). Sublessee The Building comprises part of a 2 building office complex currently known as National Data Plaza (together with any and all improvements now or hereafter located thereon and together with any additional land and/or buildings which Landlord hereinafter acquires and makes a part of such office complex, the “Project”). Tenant shall also have as a right appurtenant to the Premisesnon-exclusive right, in common with other Tradeport tenants of the Project, to use all parking lots, sidewalks, entranceways, roadways and other such Common Areas and facilities as are located from time to time on the Property and intended for the use and enjoyment of such tenants and occupants their respective employees, guests and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto invitees (the “PDA Non-Disturbance AgreementCommon Area”) simultaneously with which right shall include, without limitation, the execution and delivery non-exclusive right to use, without additional charge, the cafeteria located on the first (1st) floor of such amendment, all as soon as reasonably practicable. The terms Building II of such amendment to the Ground Lease National Data Plaza (the “Premises Ground Lease AmendmentBuilding II”) shall provide for and the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder conference rooms on the same terms 1st floor of said Building II on a first come, first served basis, as scheduled through Landlord’s scheduling coordinator who shall be designated by Landlord to Tenant from time to time, and conditions except for ground the base rent and construction obligations of Sublessor to the PDA payable by Tenant with respect to the rentable square feet in Building II allocated to Tenant pursuant to Paragraph 2 of the Basic Lease Provisions is intended to and Common Facilities. It is understood shall constitute the sole and agreed that Sublessor shall seek exclusive compensation from Tenant to amend the 200 Ground Lease to include land area in addition to that necessary Landlord for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion use of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms cafeteria and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved Building II conference room space by the PDATenant.
Appears in 1 contract
Sources: Lease Agreement (Ndchealth Corp)
Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightterms, appurtenant thereto to the exclusive use covenants, conditions, agreements and provisions hereof, part of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Basement, First, Second and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Third Floors (the “LotPremises”), the present, planned location and configuration of which are as shown on the conceptual site plan Exhibit “B” attached hereto as Exhibit A. The parties agree that and made part of hereof, in the final location, configuration and area of building (the “Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is ”) erected on the land located within the former at ▇▇▇ ▇▇▇▇▇▇ Air Force Base ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Land”), and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the hereafter defined Ground Lease property (the “TradeportProperty”)) shall mean the Land and all of the buildings now or hereafter located thereon. Sublessee Tenant shall have have, as a right appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, escalators, stairways, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other Tradeport areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (88,930 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and authorized users Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to use the entrances, exits and roadways demand remeasurement or recalculation of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA rentable square feet with respect to the Building and Common FacilitiesPremises or the Building. It is understood and hereby agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor Lease Commencement Date (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingas hereinafter defined), the forms, terms and conditions of the Premises Ground Lease Amendment Tenant’s Proportionate Share shall be subject equal to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA48.83%.
Appears in 1 contract
Sources: Lease Agreement (Immunogen Inc)
Premises. The Premises consists of the Building 1.1 Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto and Tenant hereby leases from Landlord, subject to the exclusive use of terms, covenants and conditions set forth in this Lease, the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) space (the “LotPremises”), the present, planned location and configuration of which are ) substantially shown outlined on the conceptual site floor plan attached hereto as Exhibit A. The parties agree that A and described in the final locationBasic Lease Information, configuration and area of which Premises are located in the building (the “Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee ”) described in accordance with Article 3 and Exhibit D hereofthe Basic Lease Information. The Lot Building is located within the former part of a larger Project commonly known as Britannia Business Center II consisting of 5700 and ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (collectively, the “TradeportProject”). Sublessee As used in this Lease, the term “Project” shall include the parcel or parcels of land on which the Project is located and all appurtenances thereto and all improvements located thereon (including, without limitation, the buildings located at ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇). During the Lease Term, Tenant shall have as a right appurtenant to the Premisesnonexclusive right, in common with other Tradeport tenants of the Project, to use only for their intended purposes of lobbies, entrances, stairs, elevators and occupants other public portions of the Project, that are designated by Landlord from time to time as common areas and authorized users not leased to or allocated for the exclusive use of another tenant of the Project. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas; provided that Tenant’s use of and access to the Premises is not materially impaired. Tenant shall not interfere with the rights of Landlord and other tenants of the Project to use the entrances, exits and roadways such common areas. All of the Tradeport designated windows and outside decks or terraces and walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord.
1.2 Tenant acknowledges that Tenant has inspected the Premises, the Building and the Project or has had the Premises, the Building and the Project inspected by the professional consultants retained by ▇▇▇▇▇ Development Authority (“PDA”) for common use at ▇▇, Tenant is familiar with the Tradeport. Sublessor presently leases a portion condition of the LotPremises, such portion being known the Building and the Project, the Premises, the Building and the Project are suitable for Tenant’s purposes, and, except as 200 International Driveotherwise expressly provided in this Lease, and except for the improvements to be constructed or installed by Landlord pursuant to that certain Sublease dated April 5Exhibit B (if any), 2001 the condition of the Premises, the Building and the Project is acceptable to Tenant. Except for the improvements to be constructed or installed by and between Landlord pursuant to Exhibit B (if any), Landlord shall have no obligation to construct or install any improvements in the PDAPremises, as lessorthe Building or the Project or to remodel, renovate, recondition, alter or improve the Premises, the Building or the Project in any manner, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by Tenant shall accept the Premises Ground Lease Amendment“as is” on the Commencement Date. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the “Ground Lease”Premises have not undergone inspection by a person certified pursuant to Section 4459.2 of the California Government Code (a Certified Access Specialist). Sublessor represents Tenant hereby waives any and warrants to Sublessee that a true, correct and complete copy all rights it otherwise might now or hereafter have under Section 1938 of the 200 Ground Lease is attached hereto as Exhibit C California Civil Code. Landlord and Tenant expressly agree that truethere are and shall be no implied warranties of merchantability, correct and complete copies of habitability, fitness for a particular purpose, or any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval other kind arising out of this Lease and there are and shall be designated no warranties that extend beyond the developer and lessee warranties, if any, expressly set forth in this Lease. As of the land area designated Commencement Date, Landlord shall cause, at Landlord’s sole cost and expense and without reimbursement, the Base Building (as 160 International Drive defined below) serving the Premises to be in good working order and condition; provided that the foregoing shall not imply any representation or warranty as to the useful life of such systems, nor shall the foregoing diminish Tenant’s responsibility pursuant to section 10.1 below to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date, whether by reason of ▇▇▇▇▇▇’s use of the same, ▇▇▇▇▇▇’s Alterations (as defined below), ordinary wear and tear, or such portion thereof as comprises otherwise. The foregoing warranty by Landlord specifically excludes any equipment that is installed by Tenant following the Lot Commencement Date and is otherwise necessary any malfunctioning of any Building systems due to construct Tenant’s Alterations or Tenant’s acts or omissions. “Base Building” means the structural portions of the Building (including exterior walls, roof and foundation of the Building), the exterior of the Building and Common Facilities) (ii) to amend all base Building systems, including, without limitation, plumbing, air conditioning, heating, electrical, security, life safety and power, except those special systems installed for specific tenants and the 200 Ground Lease to include that portion of any other Building system within the Lot not presently leased to Sublessor under Premises or any other specific tenant space which exclusively serves such tenant or is otherwise the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery responsibility of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or tenant pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAits lease.
Appears in 1 contract
Sources: Lease (Bionano Genomics, Inc.)
Premises. The Premises consists of the Building Sublessor hereby subleases to be constructed by the Sublessor in accordance with Sublessee on the terms hereof together with and conditions set forth in this Sublease the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a following portion of the land currently leased Master Premises ("Premises"): 14,334 square feet, including the optional area and shipping/receiving, on the first floor as set forth on Exhibit A attached hereto. The square footage area figures presented in this agreement will be verified, by Sublessor pursuant a qualified firm and at the Sublessor's expense, according to the 200 Ground Lease BOMA Standard Method of Floor Measurement (defined belowANSI Z65.1-1980 Reaffirmed, 1989) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereoffor rentable area. The Lot is located within measured square footage amounts will be incorporated into this lease by an attachment and the former ▇▇▇▇▇ Air Force Base as more particularly described in monthly rent expense adjusted. If Sublessee desires to vacate the hereafter defined Ground Lease 813 square feet of optional space it shall give Sublessor at least ten (the “Tradeport”)10) days prior written notice. Sublessee shall also have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrancescommon areas (restrooms, exits and roadways elevator to garage, hallways thereto) of the Tradeport designated Master Premises, but not those areas used by Sublessor or its personnel or invitees, and to use the ▇▇▇▇▇ Development Authority (“PDA”) docking area for common shipping and receiving. Additionally, Sublessee's employees shall be permitted to use the exercise facilities at the TradeportMaster Premises, if such facilities are present, at their own cost provided any employee desiring to use such facilities has been evaluated and trained before using the facilities in the same manner as Sublessor's employees and signed a release form in favor of Sublessor. Sublessor presently leases a portion shall be able to increase the amount of the Lotrent retroactively to any period of time that it can show that Sublessee used, such portion being known as 200 International Drivefor any purpose including storage of materials, pursuant to more space than it notified Sublessor that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee it was using (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”"Unauthorized Usage"). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Rent for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment Unauthorized Usage shall be subject to twice the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDArental per foot set forth herein.
Appears in 1 contract
Sources: Sublease (DSP Group Inc /De/)
Premises. The Premises consists 2.1. In consideration of the Building Rent hereby agreed to be constructed paid to Lessor by Lessee and the Sublessor agreements and covenants herein made by Lessee, during the Lease Term, Lessor hereby leases to Lessee the Leased Premises, and grants the right to use the Common Areas of the Leased Buildings, including the Special Common Areas for Lessee’s use and the right to use the Common Areas of the Lessor Complex, and the right to use the Joint Use Areas of the Leased Buildings upon the terms and conditions contained herein.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Lessor Complex for the purpose of using the Leased Premises in accordance with this Agreement, (ii) to use the terms hereof together with the right, appurtenant thereto to the exclusive use Common Areas of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Leased Building and Common Facilities(iii) (the “Lot”), the present, planned location to pass and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇▇ Air Force Base as more particularly described to and from and through the Leased Buildings or any part thereof over and along roads, accessways, paths, hallways, corridors, highways and usable areas in, over, under and between the Leased Buildings, skybridges, including those connecting C2 Building and R Building and C2 Building and Assembly Building, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the Lessor Complex owned by Lessor (together, the “Common Areas of the Lessor Complex”), provided that Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of such portions of the Lessor Complex are available for use by Lessee for the purpose of using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the hereafter defined Ground rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws (a) to stop any such reduction by injunction, whether such reduction arises from the acts of Lessor, or any other party claiming an interest in the Lessor Complex against Lessor and (b) to reduce the rights granted by Lessee to Lessor under Section 2.2 of the Lessee Complex Lease Agreement. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee.
2.3. In addition, Lessor hereby grants to Lessee a right to register the lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “TradeportLease Right”). Sublessee shall have as ) with the relevant real property registry offices for a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways term of the Tradeport designated by Lease Term. The Parties each upon the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion request of the Lot, such portion being known as 200 International Drive, pursuant other agree to that certain Sublease dated April 5, 2001 by and between submit a joint application to re-register the PDA, as lessor, and Sublessor, as lessee (as currently in effect, Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy priority of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto Right (the “PDA NonSecond Priority”), subordinate only to the registered rights of Lessor’s mortgagees, and any re-Disturbance Agreementfinancing or replacement of their mortgage loans (each, a “Financing”) simultaneously with secured against the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.Leased
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. The Premises consists 1.1 Subject to all of the Building terms and conditions hereinafter set forth, Landlord hereby leases to be constructed by Tenant and Tenant hereby leases from Landlord the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) premises (the “LotPremises”), the presentoutlined on Exhibit B to this Lease, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area comprised of the Buildingground floor containing 26,308 rentable square feet of the building commonly known as ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportBuilding”). Sublessee Tenant shall also have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits ingress and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeportegress thereto and therefrom as provided in Article 44. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant The land described on Exhibit A to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and all improvements thereon and appurtenances on that land thereto, including, but not limited to, the Building, two other office buildings, access roadways, and all other related areas, shall be designated the developer and lessee of the land area designated collectively hereinafter referred to as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. Project.” The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct buildings in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements Project other than the Building and Common Facilities on are sometimes referred to herein as the Lot and (ii) “Other Buildings.”
1.2 Notwithstanding anything to the inclusion contrary in this Lease, the recital of the rentable area set forth above is for descriptive purposes only. The inaccuracy of such additional land area will not result recital shall create no right to terminate this Lease and neither Landlord nor Tenant shall receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable under this Lease if that recital is incorrect. Tenant has inspected the Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth in any delay this Lease in consideration for the permitting or construction use and occupancy of that space, regardless of the Premises in accordance with the terms hereofactual number of square feet contained therein. Sublessor agrees that it For purposes of this Lease, (1) “rentable area” and “usable area” shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or be calculated pursuant to the Ground Lease until Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1, 1996) (the Delivery Date. Subject to “Measurement Standard”); (2) “rentable square feet” and “rentable footage” shall have the foregoing, same meaning as the forms, terms term “rentable area;” and conditions of (3) “usable square feet” and “usable square footage” shall have the Premises Ground Lease Amendment shall be subject to same meaning as the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAterm “usable area.”
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Premises. The Premises consists a) Licensor hereby grants to licensee the following rights: (collectively, the “Licensee”); (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the”Tower”), including one or more antennas at a centerline height of 250 feet above ground level on the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the”Property”), and (ii) a limited non-exclusive license to install maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compnd and related devices owned by Licensee within a space consisting of a four (4) square foot portion of the land currently leased by Sublessor pursuant to Property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operations site on Exhibit “B” attached hereto (the “Lot”)space in which the operations site to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportPremises”). Sublessee shall have as a right appurtenant to the Premises.
b) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form exclusive reasonable right of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease access to the premises currently leased thereunder on twenty-four (24) hours per day, seven (7) days a week during the same terms Initial Term and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary any Renewal Term (as hereinafter defined) for the Lot or otherwise purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to construct revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement.
c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for Licensee’s intended use.
d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the equipment to another area within the Property, at Licensee’s sole expense, provided, however, that the area to which the premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. The Premises consists Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all of the Building to be constructed by conditions set forth herein, real property situated in the Sublessor in accordance with the terms hereof together with the rightCity of Arden Hills, appurtenant thereto to the exclusive use County of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres▇▇▇▇▇▇, which land area shall consist State of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated Minnesota, commonly known as 160 International Drive (or such portion thereof Round Lake Business Center as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown cross-hatched on the conceptual site floor plan attached hereto as Exhibit A. A, initially comprising approximately 19,097 rentable square feet of area as depicted on Exhibit A, herein referred to as the “Premises”, including rights to the Common Areas as hereinafter specified which shall include rights to the use of the loading dock, related driveways and external staging areas as depicted in Exhibit A and the use of the roof area specified in Section 2.7 herein. The parties agree that Premises are a portion of a building, herein referred to as the final location“Building.” The Premises, configuration and area of the Building, the Common Facilities Areas, the land upon which the same are located, along with all other buildings and Lot shall be improvements thereon, are herein collectively referred to as the “Industrial Center”, and are legally described on the attached Exhibit A-1 entitled “Legal Description of Industrial Center”. Any statement of square footage set forth in this Lease or that may have been used in calculating Base Rent and/or Operating Expenses is an approximation which Lessor and Lessee agree is reasonable and the Base Rent and Lessee’s Share based thereon is not subject to approval of Sublessor revision whether or not the actual square footage is more or less. On or before January 15, 2002, Lessor, at its sole cost and Sublessee in accordance with Article 3 expense shall construct a south demising wall and Exhibit D hereof. The Lot is located within separate utility metering from the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant approximate 3,754 square foot southerly bay adjacent to the Premises. In addition, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDALessee, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject provided pursuant to the terms in Exhibit B attached hereto shall construct the leasehold improvements as set forth in the Leasehold Improvements Plans and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building Specifications and Common Facilities exhibits thereto, set forth on the Lot and (ii) attached Exhibit B. If Lessor is obstructed or delayed in the inclusion completion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with demising wall and separate utility metering work by flood or inclement weather, fire, earthquake, act of God, war, strike, picketing, boycott or lockout, governmental or legal intervention, governmental permit or zoning approvals, or any other cause beyond the terms hereof. Sublessor agrees that it control of Lessor, Lessor shall not commence construction or development have no liability of any additional buildings or improvements on the premises demised kind whatsoever to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions Lessee as a result of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAdelay.
Appears in 1 contract
Premises. 2.1. Landlord leases to Tenant, and Tenant leases from Landlord, the Premises described in Section 1.7 above and as depicted on the Floor and Site Plan attached hereto as Exhibit A-1. The Premises consists is located in a building (the “Building”) described in Section 1.6. The Building and other improvements are located on and about the land shown on the Site Plan attached hereto as Exhibit A-1 (the “Land”). The Building and the adjacent parking garage contain approximately 500 spaces (the “Garage”) and the other improvements and the Land are collectively referred to as the “Project”. Tenant agrees that the Premises shall be deemed to include the number of rentable square feet set forth in Section 1.8 and in no event shall Tenant have the right to challenge, demand, request or receive any change as a result of any claimed or actual error or omission in the square footage of the Premises, the Building or the Proportionate Share. Landlord reserves the right at any time and from time to time to make alterations or additions to the Building or the common areas, and to demolish improvements on and to build additional improvements on the land surrounding the Building and to add or change the name of the Building from time to be constructed by time, in its sole discretion without the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use consent of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Tenant and the land area appurtenant thereto comprising approximately five same shall not be construed as a breach of this Lease.
2.2. Landlord intends to deliver the Premises to Tenant, in there then current “AS- IS”, “WHERE-IS” condition, on or before the Scheduled Occupancy Date set forth in Section 1.9, subject to Force Majeure and Unlawful Holdover (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (each as defined below) and a portion Tenant agrees that it shall accept possession of the land area designated as 160 International Drive Premises from Landlord in their then current “AS-IS”, WHERE-IS” condition. If in good faith Landlord is delayed or hindered in delivering the Premises to Tenant by any labor dispute, strike, lockout, fire, unavailability of material, labor or any other ordinary construction delay, severe weather, acts of God, restrictive governmental laws or regulations, riots, insurrection, war or other casualty or events of a similar nature beyond its reasonable control (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “LotForce Majeure”), the present, planned location and configuration of which are shown on date for the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area delivery of the Building, Common Facilities and Lot Premises to Tenant shall be extended for the period of delay caused by the Force Majeure. The date Landlord delivers the Premises to Tenant is herein referred to as the “Occupancy Date.” Landlord shall not be subject to approval any liability for failure to deliver possession of Sublessor the Premises to Tenant on the Scheduled Occupancy Date and Sublessee in accordance with Article 3 and Exhibit D hereofthe validity of the Lease shall not be impaired by such failure. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to By occupying the Premises, in common with other Tradeport tenants and occupants and authorized users the right Tenant will be deemed to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of accepted the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingthere then current “AS-IS”, the forms“WHERE-IS” condition, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to have acknowledged that they are in the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcondition called for in this Lease.
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Premises. The Premises consists of the Building Landlord hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) Tenant subleases and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)-------- accepts, the present, planned location Premises containing approximately Forty-Four Thousand (44,000) square feet of warehouse space with such warehouse space outlined and configuration of which are shown designated on the conceptual site plan attached hereto as Exhibit A. A which is incorporated herein by reference (such space is referred to collectively hereinafter as the "Leased Premises"). The parties agree that the final location, configuration and area Leased Premises are part of the Building, Common Facilities approximately 300,000 square foot warehouse complex known as "Levi Place" (which includes the warehouse space shown on the attached site plan and Lot shall be subject two separate office buildings totaling approximately 9,000 square feet and located adjacent to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former such warehouse space) formerly owned by Levi ▇▇▇▇▇▇▇ Air Force Base & Company (such complex, including the two office buildings, is referred to hereinafter collectively as more particularly described in the hereafter defined Ground Lease (the “Tradeport”"Warehouse"). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways The location of the Tradeport designated by Warehouse is on North Cherry Street in Knoxville, Tennessee and the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion legal description of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between land upon which the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease Warehouse is located is attached hereto as Exhibit C B (such land referred to hereinafter as the "Land"). The Land and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered Warehouse are referred to Sublessee. From and after collectively hereinafter as the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that "Project." A certain portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto Project is deemed common area (the “PDA Non-Disturbance Agreement”) simultaneously with "Common Area"), such Common Area to include but not be limited to certain parking areas, driveways, entrances and exits thereto, service roads, loading facilities, sidewalks, ramps, landscaped areas, exterior stairways, restroom facilities, and all other uses in common by the execution Tenant and delivery all the Tenants in the Project, however, those elements of such amendmentparking, all as soon as reasonably practicabledriveways, entrances and exits, loading facilities, and restroom facilities that are located within the Leased Premises shall not be deemed to be common areas. The terms Tenant shall have first right of such amendment refusal to sublease space in the Warehouse adjacent to the Ground Lease (the “Leased Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureas contained herein, additional buildings and improvements (subject to the terms and conditions hereof)pre-existing rights of other Tenants in the Project. Sublessee agrees The Tenant shall exercise such right within thirty (30) days upon receiving notification from Landlord that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease space is not terminable as being requested by a third party by sending its request for such space to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result Landlord in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingwriting by certified mail, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAreturn receipt requested.
Appears in 1 contract
Premises. The Premises consists (a) RETURN OF SECOND FLOOR COMMON LOCKER AREA. Effective as of the Building Second Amendment Effective Date, Tenant hereby returns and surrenders to be constructed by Landlord the Sublessor Return Space, as such space is more particularly described on Exhibit 1 attached to and made a part hereof. Tenant shall return and surrender the Return Space with all of Tenant's personal property removed, in "as is" condition and otherwise in accordance with the terms hereof together with of the rightLease, appurtenant except that Landlord approves the work and alterations that Tenant performed in the Return Space and Landlord agrees that Tenant shall not be required to remove such work and alterations or perform any further work or alterations thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor effect such surrender in accordance with the terms hereof of the Lease. Effective as of the Second Amendment Effective Date, (i) the Return Space shall no longer be deemed a part of the Premises under the Lease, and (ii) the land area appurtenant thereto comprising approximately five (5) acres, which land area Return Space shall consist be deemed part of the Building Common Area serving the function of a portion of common locker area and corridor and Landlord shall be responsible for the land currently leased by Sublessor pursuant to maintenance, repair and all other obligations associated with the 200 Ground Lease (defined below) and a portion of the land area designated Return Space as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area common areas of the Building, Common Facilities and Lot subject to Tenant's obligations under the Lease with respect to such common areas of the Building.
(b) LEASE OF P-1 ADDITIONAL PREMISES. Effective as of the Second Amendment Effective Date, the Premises demised under the Lease shall be subject hereby expanded to approval include the P-1 Additional Premises, as such P-1 Additional Premises are more particularly described on Exhibit 2 attached hereto and incorporated herein by this reference. From and after the Second Amendment Effective Date, the P-1 Additional Premises shall be deemed to be included as part of Sublessor the "Premises" as referenced throughout the Lease. Landlord hereby expressly approves (i) the plans for the work performed or to be performed by Tenant (or, as between Tenant and Sublessee its subtenant only, as Tenant may permit or require to be performed by its subtenant) in accordance with Article 3 the P-1 Additional Premises, which plans are contained on the drawings labeled "A1.0 Existing/Demolition Parking Level 1 Plan" and Exhibit D hereof. The Lot is located within "A1.1 Proposed Plan Parking Level 1 & 2", both of which are part of the former plans entitled "New Laboratories & Offices for: MOMENTA, Level Four, ▇▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot▇▇▇▇▇▇▇▇▇, such portion being known as 200 International Drive▇▇▇▇▇▇▇▇▇▇▇▇▇, pursuant to that certain Sublease dated April 5Construction Set, 2001 19 June 2007," by and between the PDAAHA Consulting Engineers, as lessor▇▇▇▇▇ ▇▇▇▇▇ & Doktor Architects & Planners, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot Inc.; and (ii) the inclusion use of such additional land said P-1 Additional Premises as a chemical storage area will not result in any delay in the permitting or construction of the Premises and closet subject to and in accordance with the terms hereofand conditions of the Lease. Sublessor agrees that it All work and alterations by Tenant shall not commence construction or development of any additional buildings or improvements on be performed in compliance with the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.
Appears in 1 contract
Sources: Lease (Archemix Corp.)
Premises. The Premises consists Landlord leases to Tenant and Tenant leases from Landlord, all of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the Landlord’s right, appurtenant thereto title and interest in and to the exclusive use approximately 500,000 square feet of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as contiguous space that is necessary to construct the Building and Common Facilities) depicted on Exhibit B (the “LotInitial Premises”), ) in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is building located within the former at ▇▇▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇ Development Authority ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇ (the “PDABuilding”). The land on which the Building is located is set forth on Exhibit C (the “Land”). At any time on or after the date that is six (6) for common use months after the Commencement Date, Landlord may reduce the Initial Premises by up to approximately 150,000 square feet as reasonably determined by Landlord in its sole discretion (the “Reduced Premises”), provided that (1) the Reduced Premises is comprised of contiguous space within the Initial Premises, and (2) at all times during the TradeportTerm, the Premises shall include exterior access and a loading dock sufficient to allow Tenant to remove Furnaces from the Building. Sublessor presently leases a If Landlord elects to reduce the Initial Premises pursuant to this Section 1.1, then Landlord shall provide Tenant with reasonable advance notice of the location of the Reduced Premises so as to afford Tenant reasonably sufficient time to vacate from the portion of the Lot, such portion being known Initial Premises that will not be included in the Reduced Premises. The Initial Premises and Reduced Premises shall be collectively referred to herein as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground LeasePremises.” and as hereafter amended by the The Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently are leased to Sublessor under the 200 Ground LeaseTenant, (iii) to cause the PDA to enter into a non-disturbance agreement along with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as exclusive right to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities use 142 parking spaces shown on the Lot Exhibit B, and (ii) the inclusion of such additional land area non-exclusive right to use the roadways, driveways, entrances, exits depicted on Exhibit B. Landlord will not result in any delay in the permitting or construction of provide Tenant with space adjacent to the Premises that is reasonably acceptable to Landlord and Tenant, in accordance with which Tenant may maintain a construction trailer. The Land and the terms hereof. Sublessor agrees that it shall Building are depicted on Exhibit C-1, but any reference to square footage or dimensions do not commence construction constitute a representation, covenant or development warranty of any additional buildings or improvements on the premises demised to Sublessor kind by Landlord. Tenant hereby agrees that: (or any affiliate thereofa) under or pursuant to the Ground it has read, and (b) this Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be is subject to the prior written approval of Sublesseefollowing agreements: (i) Basin Array Access Agreement, not to be unreasonably withheld(ii) Reliability Center Access Agreement, conditioned or delayed. Upon execution of and (iii) the approved Premises Ground Lease AmendmentAccess Agreement (collectively, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA“Access Agreements”).
Appears in 1 contract
Sources: Warehouse Lease Agreement (GT Advanced Technologies Inc.)
Premises. The Premises consists a. Licensor hereby grants to Licensee the following rights (collectively, the “License”); (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately forty five (545) acresfeet above ground level on the Tower, which land area shall consist is located on certain real property owned or leased by Licensor and more particular described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a four (4) square feet portion of the land currently leased by Sublessor pursuant to property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operation site on Exhibit “B” attached hereto (the “Lot”), space in which the present, planned location and configuration of which are shown operations site is to be occupied by Licensee on the conceptual site plan attached hereto Property and the Tower are hereinafter referred to collectively as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “TradeportPremises”.). Sublessee shall have as a right appurtenant to the Premises
b. Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Term (as hereinafter defined) for the purpose of installing and Sublessee in substantially maintaining the form of Exhibit J attached hereto equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provisions contain in the future, additional buildings agreement.
c. The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that it has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including the Tower, or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction adequacy of the Premises for the Licensee’s intended use.
d. Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the property, at Licensee’s sole cost expense, provided, however, that the area to which the Premises are relocated, whether in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. The Premises consists of the Building Upon and subject to be constructed by the Sublessor in accordance with the terms hereof together with the rightand conditions hereinafter set forth, appurtenant thereto Landlord leases to Tenant and Tenant rents from Landlord all of Landlord’s rights and interest in and to the exclusive use of “Premises” described below:
(a) Premises:
(i) Suite Number: 110 (estimate)
(ii) Rentable Square Feet: 7,329 (estimate)
(iii) Usable Square Feet: 7,329 (estimate)
(b) Said Suite is in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) office building (the “LotBuilding”), the present, planned location and configuration of which are shown ) located or to be located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease a ground leasehold estate (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDAGround Leasehold Estate”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to under that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced (defined in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (iArticle 34 below) seek approval of this Lease and be designated the developer and lessee of upon the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee described in substantially the form of Exhibit J attached A hereto (the “PDA Non-Disturbance AgreementLand”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable). The terms Building also includes the Pedestrian Connection Hallway constructed on an easement provided under the REA (defined in Section 34). The Premises are outlined in Exhibit A-1 attached hereto and made a part hereof for all purposes. (The Building and Ground Leasehold Estate collectively referred to herein as the “Project”). The rentable area and usable area, as outlined on Exhibit A-1, are subject to adjustment pursuant to this paragraph. The square footage set forth above is subject to adjustment based upon the exact square footage contained in the Premises once the Premises have been completed. Upon completion of such the Premises, Landlord will provide Tenant with an amendment outlining the exact square footage and the related adjustments to Minimum Rent and Tenant’s Proportionate Share of Additional Charges pursuant to Section 2.1 below; SUBJECT, HOWEVER, to the matters set forth on Exhibit B attached hereto, the Landlord’s Mortgage, the Medical Center Master Lease and the Ground Lease (the “Premises Ground Permitted Exceptions”), to have and to hold for a fixed term of twenty (20) years (the “Initial Term”) from and after the Commencement Date (hereafter defined) of the Lease Amendmentand continuing for any Extension Term properly and timely elected pursuant to Article 33 hereof. The “Term” of this Lease shall be the Initial Term and any Extension Term exercised by Tenant pursuant to terms hereof. The Commencement Date of this Lease (the “Commencement Date”) shall provide for be the addition of that portion first day of the Lot not presently leased first calendar month following the date on which Landlord has achieved Substantial Completion of Landlord’s Work (as defined in, and in accordance with, the work letter attached hereto and made a part hereof as Exhibit E) (the “Work Letter”). The taking of possession of the Premises by Tenant shall be conclusive as to Sublessor under Tenant’s acceptance of the Ground Lease to the premises currently leased thereunder on the same terms Premises and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area Landlord’s Work, subject in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject all respects to the terms of this Lease (including, without limitation, the Work Letter); provided, however, and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to notwithstanding the foregoing, the forms, terms and conditions Tenant’s taking of the Premises Ground Lease Amendment possession shall be subject not relieve Landlord from any obligation to the prior written approval of Sublessee, not complete or correct any work to be unreasonably withheldperformed or corrected by Landlord under the terms of this Lease, conditioned or delayed. Upon execution of all as provided in the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAWork Letter.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the Landlord either leases, licenses, or holds right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (-of-way or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described easement interests in the hereafter defined Ground Lease (the “Tradeport”)Sites and owns certain Improvements. Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants Upon execution of an SLA and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees of this MLA and the applicable SLA for the particular Site, Landlord hereby leases to Tenant, and Tenant leases from Landlord, either (A) 12x28 (336) square feet of space on the roof, inside a building or on the ground and 240 non-contiguous square fee▇ ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ent of the Wireless Facilities, (B) for existing towers 29 linear feet of space on the structure plus 12x28 (336) square feet of space for the placement of the Wireless Facilities, or (C) such other space as Landlord and Tenant shall mutually agree upon with respect to a particular Site in the event that the Premises Ground Lease Amendment may include such additional land so long as space set forth in subsection (iA) the Ground Lease or (B) is not terminable available (provided, that Landlord shall use commercially reasonable efforts to make such space available but in no event will such commercially reasonable efforts be deemed to require that Landlord relocate other tenants or its own facilities), and such easements as are necessary for the antennas and other equipment installation as described on Exhibit A at areas of the Site and the related Improvements over which Landlord has control ("Premises") and as further described in the SLA. If the Premises are part of property leased by Landlord, the Premises are a part of the same property leased to the Lot should Sublessor fail to construct improvements other than Landlord by the Building and Common Facilities on the Lot and property owner (ii"Owner") the inclusion of such additional land area will not result in any delay under that certain lease identified in the permitting or construction SLA (the "Prime Lease"), which is attached as Exhibit 6 of Exhibit A of the Premises applicable SLA. Tenant acknowledges that it has received a copy of the Prime Lease, and that this MLA and the related SLA are subordinate to the applicable Prime Lease, and that Tenant has read and agrees to comply with the applicable terms thereof. An SLA does not create a contract between Tenant and Owner. Each SLA shall terminate in accordance with the terms hereof. Sublessor agrees that it shall not commence construction of such SLA or development of any additional buildings or improvements on the premises demised effective date of termination of the Prime Lease, whichever occurs first, and Landlord shall have no liability to Sublessor (Tenant related to such termination. Landlord shall give Tenant written notice of such termination or any affiliate thereof) under or pursuant to expiration of the Ground Prime Lease until the Delivery Dateas soon as Landlord has knowledge of same. Subject to the foregoingterms of this MLA, Landlord has the right to use for itself and to lease or license to others, space available on the Premises for any purpose, including, but not limited to, the forms, terms and conditions provision of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAwireless services.
Appears in 1 contract
Sources: Master Lease Agreement (Dobson Communications Corp)
Premises. The Premises consists of the Building Landlord hereby leases to Tenant, and Tenant hires from Landlord that certain building (referred to herein as “Building” or “Premises”) to be constructed on Lot 2 as shown on Exhibit “A” attached hereto situated in the Town of Los Gatos, County of Santa ▇▇▇▇▇, State of California. The Building is situated within a project site which at completion will be shared with (i) an existing building (“Building 1”) constructed on Lot 1 and leased by Tenant pursuant to that certain lease between the Sublessor parties for Building 1 dated June 28, 2004 (“Building 1 Lease), (ii) a subterranean parking structure (“Parking Structure”) and surface parking and common areas constructed on Lot A and (iii) a residential condominium development to be constructed on Lot B, all as shown in accordance with Exhibit “A” (“Project”). The parties acknowledge that Lot 1 and Lot 2 are separate parcels from Lot A, however, for all purposes hereunder when referring to Lot 2, it shall include all appurtenant rights of an owner to the terms hereof together with use, enjoyment, management and control of Lot A. For purposes of this Lease the rightBuilding is to contain approximately 80,000 rentable square feet. Until the Building is completed and the Parking Structure is expanded as provided below, appurtenant thereto all parking spaces to be located in the Parking Structure and on the surface of Lot A (which are not shown on Exhibit A as shared parking (“Shared Parking”)) shall be for the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor Tenant pursuant to the 200 Ground Building 1 Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “LotCommercial Parking”), . Concurrently with the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area completion of the Building, Common Facilities the Commercial Parking will be increased by expanding the Parking Structure on Lot A and Lot shall be subject to approval of Sublessor the Building and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to Building 1 will share (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) Commercial Parking, (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, Shared Parking (iii) to cause landscaped common areas, sidewalks, service areas and other site facilities detailed on the PDA to enter into a non-disturbance agreement with Sublessor plans and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablespecifications. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect Commercial Parking provided to the Building and Common Facilities. It is understood Building 1 shall not be allocated between Tenant and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct any other tenant of either the Building or Building 1, (if Tenant no longer leases the entirety of both Buildings), unless any tenant notifies Landlord that there are not consistently 3.5 spaces per 1,000 square feet available to Tenant,. In such event Landlord agrees to designate by striping the parking or other signage based on square footage to Tenant and Common Facilities in order the other tenants of the Buildings. In such event, Landlord shall undertake such action to allow Sublessor effectuate such request and thereafter Tenant shall be able to construct in enforce its right to utilize such parking through towing or other reasonable measures. Upon substantial completion of the futureBuilding, additional buildings Landlord shall deliver to Tenant a certified statement of the final determination of the Building rentable square footage, which determination shall be made by measuring from the exterior outside wall to exterior of the opposite outside wall without deduction plus the area of the covered balconies and improvements (subject shall serve as the rentable square footage used under this Lease. Rentable square footage shall exclude any uncovered balconies, common area arcades or parking structure. Upon determination of the final Building rentable square footage, the initial Base Monthly Rent payable pursuant to Section 4.A shall be adjusted to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as product of (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot rentable square footage and (ii) Two and 55/100 Dollars ($2.55) per rentable square foot. Tenant shall also have access between 8:30 a.m. and 5 p.m. Monday through Friday, normal business holidays excluded, to the inclusion fitness center and swimming pool constructed on Lot B. Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements (defined in Section 5.B) constructed by Tenant pursuant to Section 5.B. Tenant acknowledges Landlord’s right to and hereby consents to construction of additional building(s) within the Project or on adjacent land owned by Landlord, provided however, such additional land area construction will not result in any delay in the permitting or construction increased obligations of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATenant hereunder.
Appears in 1 contract
Sources: Lease Agreement (Netflix Inc)
Premises. The Premises consists of the Building Landlord hereby Leases and lets to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorTenant, and SublessorTenant hereby takes and hires from Landlord, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms Term and conditions except for ground rent upon and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofset forth in this Lease, and subject to all liens, encumbrances, easements, agreements, covenants, restrictions, zoning laws and governmental or any other regulations now or hereafter affecting or governing the Shopping Center, the following described premises (the “Premises”): All of that certain tract, piece or parcel of land together with any and all improvements thereto (except as provided herein below), including, without limitation a certain building (the “Building”) containing approximately 2,540 square feet of area on the first and second floors, all as shown in heavy outline on the site plan annexed hereto as Exhibit A. together with the appurtenant right, as provided in Section 6(c) (1) of this Lease, to use in common with Landlord and others to whom Landlord shall grant such rights, the Parking Areas and other Common Areas within the Shopping Center. Sublessee agrees that The Premises are leased to Tenant subject to (1) the right of Landlord, its customers, tenants, employees, licensees and invitees to use, in common with Tenant, the roadways, walkways and drives located on the Premises, and (2) the right of Landlord, its agents, employees and contractors, to install, maintain, repair and replace from time to time above ground and underground sewer, drainage and other utility pipes, lines and conduits across the Premises Ground Lease Amendment may include to serve other portions of the Shopping Center (any such additional land so long as utilities serving other portions of the Shopping Center, including any existing on the Commencement Date, being deemed “Common Facilities” and not part of the Premises demised to Tenant), and to enter upon the Premises for such purposes, provided that (i) Landlord shall make reasonable efforts to expedite any such installation, maintenance, repair or replacement requiring entry upon the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and Premises, (ii) any new installation shall not unreasonably interfere with Tenant’s use of the inclusion of Premises, and (iii) following each such additional land area will not result in any delay in entry, Landlord shall restore the permitting or construction surface of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until condition prevailing immediately prior to such entry. The Building is leased to Tenant “as is” without warranty or representation, either express or implied, as to its condition or repair, and all responsibility to place the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment Building in a tenantable condition suitable for Tenant’s business purposes shall be subject to the prior written approval of SublesseeTenant’s, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor as provided in Section 9 hereof and Sublessee shall amend elsewhere in this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.
Appears in 1 contract
Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto and Tenant hereby leases from Landlord, subject to the exclusive use terms, covenants, agreements and conditions of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresthis Lease, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) those certain premises (the “LotPremises”), the present, planned location and configuration of which are ) shown on the conceptual site plan drawings attached hereto as Exhibit A. The parties agree that “C”, located on the final location4th, configuration 5th and area 6th floors of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is initial Premises shall consist of (i) 26,756 square feet of the Rentable Area (as defined in Section 1.5 below) located within on floor 4, (i) 26,124 square feet of Rentable Area located on floor 6 and (iii) 21,867 square feet of Rentable Area located on floor 5 of the former Building. The remainder of floor 5 of the Building consists of 4,889 square feet of Rentable Area currently leased to ▇▇▇▇ ▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease or its affiliate (the “TradeportAdditional 5th Floor Space”). Sublessee Upon the expiration or earlier termination of the existing lease for the Additional 5th Floor Space, and the vacation of the existing tenant from such space, Landlord shall have as a right appurtenant notify Tenant thereof and the Additional 5th Floor Space shall become part of the Premises leased to Tenant hereunder commencing on the later of (i) the Commencement Date of this Lease or (ii) sixty (60) days after Landlord has delivered such Additional 5th Floor Space to Tenant, provided that Landlord has given notice to Tenant of such delivery date at least thirty (30) days prior to such delivery of such space to Tenant; thereafter, all references in this Lease to the Premises shall be deemed to include the Additional 5th Floor Space, without the need for any amendment to this Lease. The parties hereby stipulate and agree the initial Premises contain 74,747 square feet of Rentable Area and that when the Additional 5th Floor Space is included in the Premises, the Premises will include 79,636 square feet of Rentable Area. Tenant acknowledges that this Lease is subject to all existing liens, encumbrances, deeds of trust, reciprocal easement agreements, development agreements, covenants, conditional use permits, master plans, reservations, restrictions and other matters of record affecting the Premises, as well as all Applicable Laws (as defined in common with other Tradeport tenants and occupants and authorized users Section 30.14), which, to the actual knowledge of Landlord, do not prohibit the use of the Premises for general office purposes. Landlord also grants Tenant during the Term of this Lease the concurrent right to the limited use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases Building Common Area on a portion of the Lot, such portion being known as 200 International Drivenonexclusive basis, pursuant and subject to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval provisions of this Lease and be designated the developer Rules and lessee of Regulations attached as Exhibit “F” and the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseArea, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAREA.
Appears in 1 contract
Premises. The Premises consists of the Building A. Sublessor hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightSublessee, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSublessee hereby subleases from Sublessor, which land area shall consist of a portion of Building 2051 consisting of approximately 44,930 rentable square feet of space principally located on the land currently leased second floor of Building 2051 (hereinafter, the “Subleased Premises”). The Subleased Premises are more particularly described on Exhibit B attached hereto. The Subleased Premises shall include (i) the lobby area on the southeast side of the first floor of Building 2051 to be built by Sublessor pursuant to the 200 Ground Lease as part of Sublessor’s Work (defined below) and a portion the stairwell located in such lobby area, all as shown on Exhibit B attached hereto (“Sublessee’s 1st Floor Lobby”), (ii) the stairwell located on the east side of Building 2051 as shown on Exhibit B and (iii) the land area designated stairwell located on the west side of Building 2051 as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) shown on Exhibit B (the “LotWest Stairwell”). Sublessor and Sublessee hereby accept the rentable square footage of the Subleased Premises set forth in this Paragraph 2(A) as correct. Upon reasonable prior notice (except in the case of emergency), Sublessor shall have the presentright to access the Subleased Premises for purposes of performing its repair and maintenance obligations with respect to Building 2051 and, planned location as required to gain access to the roof of Building 2051. Any such entry by Sublessor and configuration Sublessor’s agents shall not impair Sublessee’s operations more than reasonably necessary and comply with Sublessee’s reasonable security measures (provided the same do not delay or unreasonably interfere with Sublessor’s access). Notwithstanding the foregoing, no prior notice to Sublessee shall be required if Sublessor requires access to the Subleased Premises solely for the purpose of which are gaining access to the roof of Building 2051, and, Sublessor shall have the right to such access twenty-four (24) hours per day, seven (7) days per week; provided, however, that Sublessor shall use reasonable efforts to provide prior notice of any such entry and shall notify Sublessor within two (2) business days after any such entry made after normal business hours without prior notice to Sublessee.
B. In connection with its use of the Subleased Premises, Sublessee shall also have the non-exclusive right, together with Sublessor and its agents, employees, contractors, invitees, subtenants and others, to use (i) the common corridor connecting to Sublessee’s 1st Floor Lobby as shown on Exhibit B for the conceptual site plan attached hereto purpose of accessing the elevators to the Subleased Premises on the second floor of Building 2051 and (ii) the common vestibule serving the West Stairwell as shown on Exhibit A. The parties agree that B for purposes of accessing the final location, configuration and area of West Stairwell (the Building, “Internal Common Facilities and Lot Areas”). Such use shall be subject to approval such reasonable rules and regulations as Sublessor shall establish from time to time. Except for the foregoing, Sublessee shall have no right to use, access or occupy any portion of the Premises, including, without limitation, the central atrium area and loading docks in Building 2051. Sublessor reserves the use of the exterior walls, the roof, the loading docks and Sublessee the area beneath and above the Subleased Premises, together with the right to install, maintain, use, and replace ducts, wires, conduits and pipes leading through the Subleased Premises in accordance locations which will not materially interfere with Article 3 and Exhibit D hereof. The Lot is located within Sublessee’s use of the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”)Subleased Premises. Sublessee shall have as a right appurtenant no rights to use or access the solar panels located on Building 2051 and all electricity generated therefrom, together with all credits, offsets, tax benefits and other incentives derived therefrom, shall belong to and inure solely to the Premisesbenefit of Sublessor.
C. No later than the Commencement Date (as defined in Paragraph 3.A. below), in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee at Sublessor’s sole cost and expense, shall (as currently in effecti) separately demise and construct the Sublessee’s 1st Floor Lobby, (ii) close-off access to the Building 2051 central atrium from the second floor; (iii) install an E-Mon D-Mon electrical meter to monitor electrical usage to the Subleased Premises and (iv) remove all of its furniture, fixtures and equipment, including its data cabling and the water filtration systems from the Subleased Premises (collectively, the “200 Ground Lease” and Sublessor’s Work”; items (i) through (iii) of the Sublessor’s Work shall sometimes be referred to collectively herein as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseSublessor’s Construction Work”). Sublessor represents The Sublessor’s Work shall be subject to Master Lessor’s approval of all plans and warrants specifications therefor (to Sublessee that a true, correct the extent required under the Master Lease) and complete copy of constructed in accordance with the 200 Ground Lease is floor plan and specifications attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in compliance with all applicable Laws (as defined in the Exhibits Master Lease), in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Within five (5) business days after the date of Sublessor’s completion of the Sublessor’s Work, Sublessee shall have the right to submit a written “punch list” to Sublessor, setting forth any defective item of construction, and Sublessor shall promptly cause such items to be corrected. Sublessee’s acceptance of the Sublessor’s Work or Schedules the submission of a “punch list” with respect thereto shall not be deemed a waiver of Sublessee’s right to have been latent defects in the Sublessor’s Construction Work that are identified by written notice to Sublessor delivered no later than eleven (11) months following the Commencement Date repaired at no cost to Sublessee. From and after Provided Sublessee shall give notice to Sublessor of such latent defects within eleven (11) months following the date hereofCommencement Date, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery repair of such amendment, all defect as soon as reasonably practicable. The terms Upon the expiration or earlier termination of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futurethis Sublease, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on be obligated to remove the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDASublessor’s Work.
Appears in 1 contract
Sources: Sublease (Actel Corp)