Lease Agreement
STATE OF GEORGIA COUNTY OF CHEROKEE
This Lease Agreement, made and entered into by and between Xxxxxx X.
Xxxxxxxx, Xxxxx X. Xxxxxxx, & Xxxxx X. Xxxxxx d/b/a Cherokee Venture II,
hereinafter referred to as "Landlord," and XxxxxxXX.xxx, hereinafter referred to
as "Tenant";
W I T N E S S E T H :
1. Premises and Term. In consideration of the obligation of Tenant to pay
rent as herein provided, and in consideration of the other terms, provisions and
covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant
hereby takes from Landlord certain premises situated within the County of
Cherokee, City of Woodstock, State of Georgia, more particularly described as
follows:
Office/warehouse space being Suite 112, containing approximately 15,500
square, located in a building having a footprint of 39,000 square feet and
more commonly known as 000 Xxxxxxxxxxx Xxxxx, Xxxxxxxxx (Xxxxxxxx Xxxxxx),
Xxxxxxx feet (hereinafter referred to as the "Premises") and further
described by the attached Site Plan - Exhibit A, Floor Plan by Samples
Construction S.E. dated 3/15/2000 (by reference only) - Exhibit B, General
Specifications - Exhibit C, and Sign Criteria - Exhibit D ( said building
being hereinafter referred to as "Building Two- Cobblestone Business Park
"),
together with all rights, privileges, easements, appurtenances and immunities
belonging to or in any way pertaining to the said Premises and together with the
buildings and other improvements erected upon the real property, (the said real
property and the buildings and improvements thereon being hereinafter referred
to as the "Center").
To Have and to Hold the same for a term commencing on the date on which
Landlord delivers the Premises to Tenant as Ready For Occupancy (hereinafter
referred to as the "Commencement Date" ) and ending on the last day of the
eighty forth (84th) full calendar month after the Commencement Date. The first
Lease Year shall be defined to be twelve full calendar months plus any portion
of a month if the Commencement date falls on any day other than the first day of
the month. Each Lease Year thereafter shall be the next successive twelve full
calendar months following the end of the first Lease Year. For purposes hereof,
the Premises shall be considered Ready For Occupancy when the Premises has been
substantially completed in accordance with the General Specifications and upon
receipt of a Certificate of Occupancy from the appropriate officials of the City
of Woodstock and Cherokee County Georgia. If this Lease is executed before the
Premises becomes vacant or otherwise available and Ready for Occupancy, or if
any present tenant or occupant of the Premises holds over, and Landlord cannot
acquire possession of the Premises prior to the date above recited as the
Commencement Date of this Lease, Landlord shall not be deemed to be in default
hereunder, and Tenant agrees to accept possession of the Premises at such time
as Landlord is able to tender the same; and Landlord hereby waives payment of
rent covering any period prior to the tendering of possession to Tenant
hereunder.
2. Rent. Tenant agrees to pay to Landlord for the Premises, without deduction or
set off, during the entire term of this Lease, rent at the rate as set out in
Paragraph 30A of the Special Stipulations hereto . In addition, Tenant agrees to
deposit with Landlord on the date hereof the sum of Two Thousand & No/100
Dollars ($2,000.00), which sum shall be held by Landlord, without obligation for
interest, as security for the performance of Tenant's covenants and obligations
under this Lease, it being expressly understood and agreed that such deposit is
not an advance rental deposit or a measure of Landlord's damages in case of
Tenant's default. Upon the occurrence of any event of default by Tenant,
Landlord may, from time to time, without prejudice to any other remedy provided
herein or provided by law, use such fund to the extent necessary to make good
any arrears of rent and any other damage, injury, expense or liability caused by
such event of default; and Tenant shall pay to Landlord on demand the amount so
applied in order to restore the security deposit to its original amount. If
Tenant is not then in default hereunder, any remaining balance of such deposit
shall be returned by Landlord to Tenant upon termination of this Lease.
3. Use. The demised Premises shall be used only for the purpose of offices for
sales and administration, production, roasting and packaging, and warehousing of
coffees, teas and related items and for all business related activities, and for
such other lawful purposes as may be incidental thereto and any other business
expressly agreed
Exhibit 10.1
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to by Landlord. Tenant shall at its own cost and expense obtain any and all
licenses and permits necessary for any such use as well as pay for for all
additional costs specifically required by any governmental codes as a result of
Tenants specific use of the Premises. Tenant shall comply with all governmental
laws, ordinances and regulations applicable to the use of the Premises, and
shall promptly comply with all governmental orders and directives for the
correction, prevention and abatement of nuisances in, upon, or connected with
the Premises, all at Tenant's sole expense. Without Landlord's prior written
consent, Tenant shall not receive, store or otherwise handle any product,
material or merchandise which is explosive or highly flammable. Tenant will not
permit the Premises to be used for any purpose which would render the insurance
thereon void or the insurance risk more hazardous, or cause the insurance
premiums to increase. Notwithstanding any other provision in this Lease to the
contrary, Tenant shall specifically be responsible for any increase in insurance
premiums relative to the Center as a result of any actions or inactions of
Tenant, or as a result of the operations of Tenant.
4. Real Estate Taxes:
Tenant's Participation in Real Estate Taxes:
Base tax year: 2000
a) Tenant's Taxes:
Tenant covenants and agrees to pay promptly when due all taxes imposed upon its
business operations and its Personal property situated in the Premises.
b) Tenant's Participation in Real Estate Taxes:
Landlord will pay in the first instance all real property taxes, including
extraordinary and/or special assessments (and all costs and fees incurred in
contesting the same), hereinafter collectively referred to as Real Estate Taxes,
which may be levied or assessed by the lawful tax authorities against the land,
building, and all other improvements in the Center.
Tenant, for each Lease Year or Partial Lease Year, during the term of this Lease
or any renewal thereof, shall pay to Landlord its proportionate share, as
hereinafter defined, of the amount by which the annual Real Estate Taxes
assessed or levied against the land and building of the Center exceed the Real
Estate Taxes for the Base Tax Year specified above. Tenant's proportionate share
for said Real Estate Taxes for each Lease Year or Partial Lease Year of the term
of this Lease or any renewal thereof shall by determined by dividing the total
number of square feet in the Premises by the total number of square feet of all
leaseable building space within the Center. Notwithstanding the foregoing, if
the building of which the Premises is a part is taxed separately, then Tenants
proportionate share for said Real Estate Taxes for each Lease Year or Partial
Lease Year of the term of this Lease or any renewal thereof shall by determined
by dividing the total number of square feet in the Premises by the total number
of square feet of the building of which the Premises is a part. Any payments due
by Tenant hereunder shall be made during each Lease Year or Partial Lease Year
of the term of the Lease or any renewal thereof within thirty (30) days after
Tenant's receipt of Landlord's written certification of the amount due. Tenant's
share shall be prorated in the event Tenant is required to make such payment of
a Partial Lease Year. In addition, should the taxing authorities include in such
Real Estate Taxes the value of any improvements made by Tenant, or include
machinery, equipment, fixtures, inventory or other personal property or assets
of the Tenant, then Tenant shall also pay 100% of the Personal Property Taxes
and Real Estate Taxes for such items.
If the Lease expires during a Partial Lease Year, Landlord shall xxxx Tenant,
not more than sixty (60) days prior to the expiration date of the Lease, for its
estimated pro-rata share of Real Estate Taxes for the Partial Lease Year. Tenant
shall remit full payment to Landlord within seven (7) days of such xxxx. If
Tenant fails to remit such full payment to Landlord, Landlord in its sole
discretion, may deduct the amount due from Tenant's security deposit and be
entitled to all other rights and remedies thereunder for Tenant's default.
Should any governmental taxing authority, acting under any present or future
law, ordinance or regulation, levy, assess or impose a tax, excise and/or
assessment (other than income or franchise tax) upon or against or in any way
related to the land and buildings comprising the Center either by way of
substitution or in addition to any existing tax on land and buildings or
otherwise, Tenant shall be responsible for and shall pay to Landlord its
proportionate share as set forth above of such tax, excise and/or assessment.
5. Landlord's Repairs. Landlord shall construct and deliver the Premises to
Tenant in compliance with all applicable building codes and with utilities
available including the provision of water, sewer, gas, and electric utilities
to serve the Premises. In addition, Landlord shall at his expense maintain only
the fire sprinkler system, roof, the foundation and the structural soundness of
the exterior walls of the building in good repair, reasonable wear and tear
excepted. To the extent that it is the property owners responsibility (instead
of the applicable utility provider), to maintain said utilities to, but not
within, the Premises. Tenant shall repair and pay for any damage
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caused by the negligence of Tenant, or Tenant's employees, agents or invitees,
or caused by Tenant's default hereunder. The term "walls" as used herein shall
not include windows, glass or plate glass, doors or special storefronts. Tenant
shall immediately give Landlord written notice of defect or need for repairs,
after which Landlord shall have reasonable opportunity to repair same or cure
such defect. Landlord's liability hereunder shall be limited to the cost of such
repairs or curing such defect. Landlord shall not be liable for any business
interruption.
6. Tenant's Repairs. Tenant shall at its own cost and expense keep all
other parts of the Premises, including but not limited to, plumbing, electrical
and mechanical systems, windows, glass and plate glass, doors, any special store
front, interior walls and finish work, floors and floor covering, and all other
items not specifically not set out above under Landlord's Repairs; and shall
take good care of the Premises and its fixtures and suffer no waste. Tenant will
provide it's own janitorial service and keep the whole of the Premises in a
clean and sanitary condition. Tenant shall not be obligated to repair any damage
caused by fire, tornado or other casualty covered by items set forth under the
extended coverage provisions of Landlord's fire insurance policy.
7. Alterations. Tenant shall not make any alterations, additions or
improvements to the Premises without the prior written consent of Landlord.
Tenant may, without the consent of Landlord, but at its own cost and expense and
in a good workmanlike manner make such minor alterations, additions or
improvements or erect, remove or alter such partitions, or erect such shelves,
bins, machinery and trade fixtures as it may deem advisable, without altering
the basic character of the building or improvements and without overloading or
damaging such building or improvements, and in each case complying with all
applicable governmental laws, ordinances, regulations, and other requirements.
At the termination of this Lease, Tenant shall, if Landlord so elects, remove
all alterations, additions, improvements and partitions erected by Tenant and
restore the Premises to their original condition; otherwise, and only with
Landlords prior written approval, such improvements shall be delivered up to the
Landlord with the Premises. All shelves, bins, machinery and trade fixtures
installed by Tenant shall be removed by Tenant at the termination of this Lease
unless landlord specifically waives this requirement in writing. All such
removals and restoration shall be accomplished in a good workmanlike manner so
as not to damage the primary structure or structural qualities of the buildings
and other improvements situated on the Premises.
8. Signs. Tenant shall have the right to install signs upon the exterior
glass and doors of said buildings only when first approved in writing by
Landlord and subject to any applicable governmental laws, ordinances,
regulations and other requirements. In addition, Tenant shall be allowed to
erect a primary identification sign on the front fascia of the building in
accordance with the Sign Criteria - Exhibit D and subject to any applicable
governmental laws, ordinances, regulations and other requirements. Tenant shall
remove all such signs at the termination of this Lease. Such installations and
removals shall be made in such manner as to avoid injury or defacement of the
building and other improvements.
9. Inspection. Landlord and Landlord's agents and representatives shall
have the right to enter and inspect the Premises at any time during reasonable
business hours, for the purpose of ascertaining the condition of the Premises or
in order to make sure repairs as may be required to be made by Landlord under
the terms of this Lease. During the period that is six (6) months prior to the
end of term hereof, Landlord and Landlord's agents and representatives shall
have the right to enter the Premises at any time during reasonable business
hours for the purpose of showing the Premises and shall have the right to erect
on the Premises a suitable sign indicating the Premises are available.
10. Utilities. Landlord agrees to provide at its cost water, electricity,
gas and telephone service connections to the Premises; but Tenant shall pay all
charges incurred for any utility services used on or from the Premises and any
maintenance charges for utilities. Landlord shall in no event be liable for any
interruption or failure of utility services on the Premises. Landlord may elect
to provide, but shall not be required to provide, any such utility services; in
which event Tenant shall pay Landlord as billed by Landlord for such utility
services so long as the rates charged by Landlord do not exceed those rates
available to Tenant from other available utility sources.
11. Assignment and Subletting. Tenant shall not have the right to assign
this Lease or to sublet the whole or any part of the Premises without the prior
written consent of Landlord which consent shall not be unreasonably withheld;
notwithstanding any approved assignment or subletting, Tenant shall at all times
remain fully responsible and liable for the payment of the rent herein specified
and for compliance with all of its other obligations under the terms, provisions
and covenants of this Lease. Upon the occurrence of an "event of default" as
hereinafter defined, if the Premises or any part thereof are then assigned or
sublet, Landlord, in addition to any other remedies herein provided, or provided
by law, may at its option collect directly from such assignee or subtenant all
rents becoming due to Tenant under such assignment or sublease and apply such
rent against any sums due to it by Tenant hereunder, and no such collection
shall be construed to constitute a novation or a release of Tenant from the
further performance of its obligations hereunder. Landlord shall have the right
to assign any of its rights under this Lease.
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12. Fire and Casualty Damage.
A. If the buildings situated on the Premises should be damaged or destroyed
by fire, tornado, or other casualty, Tenant shall give immediate written notice
thereof to Landlord at the address set out herein or such other address or
telephone number as designated from time to time by Landlord.
B. If the buildings situated on the Premises should be totally destroyed by
fire, tornado or other casualty, or if they should be so damaged that rebuilding
or repairs cannot be completed within two hundred (200) days after the date upon
which Landlord is notified by Tenant of such damage, this Lease shall terminate
and the rent shall be abated during the unexpired portion of this Lease,
effective upon the date of the occurrence of such damage.
C. If the buildings situated on the Premises should be damaged by fire,
tornado or other casualty, but only to such extent that rebuilding or repairs
can be completed within two hundred (200) days after the date upon which
Landlord is notified by Tenant of such damage, this Lease shall not terminate,
but Landlord shall at its sole cost and expense proceed with reasonable
diligence to rebuild and repair such buildings, to substantially the condition
in which they existed prior to such damage, except that Landlord shall not be
required to rebuild, repair or replace any part of the partitions, fixtures and
other improvements which may have been placed on the Premises by Tenant. If the
Premises are untenantable in whole or in part following such damage, the rent
payable hereunder during the period in which they are untenantable shall be
reduced to such extent as may be fair and reasonable under all of the
circumstances. In the event that Landlord should fail to complete such repairs
and rebuilding within two hundred (200) days after the date upon which Landlord
is notified by Tenant of such damage, Tenant may at its option terminate this
Lease by delivering written notice of termination to Landlord as Tenant's
exclusive remedy, whereupon all rights and obligations hereunder shall cease and
determine.
D. Notwithstanding anything herein to the contrary, in the event the holder
of any indebtedness secured by a mortgage or deed of trust covering the Premises
requires that the insurance proceeds be applied to such indebtedness, then
Landlord shall have the right to terminate this Lease by delivering written
notice of termination to Tenant, whereupon all rights and obligations between
the parties hereunder shall cease with respect to this Lease.
E. Any insurance which may be carried by Landlord or Tenant against loss or
damage to the buildings and other improvements situated on the Premises shall be
for the sole benefit of the party carrying such insurance and under its sole
control except as specifically set out hereinafter.
F. Each of Landlord and Tenant hereby releases the other from any and all
liability or responsibility to the other or anyone claiming through or under
them by way of subrogation or otherwise for any loss or damage to property
caused by fire or any of the extended coverage casualties covered by the
insurance maintained hereunder, even if such fire or other casualty shall have
been caused by the fault or negligence of the other party, or anyone for whom
such party may be responsible; provided, however, that this release shall be
applicable and in force and effect only with respect to loss or damage occurring
during such times as the releasor's policies shall contain a clause or
endorsement to the effect that any release shall not adversely affect or impair
said policies or prejudice the right of the releasor to recover thereunder. Each
of Landlord and Tenant agrees that it will request its insurance carriers to
include in its policies such a clause or endorsement. If extra cost shall be
charged therefor, each party shall advise the other thereof and of the amount of
the extra cost, and the other party, at its election, may pay the same, but
shall not be obligated to do so.
G. Landlord covenants and agrees to maintain standard fire and extended
coverage insurance covering the building on the Premises in an amount not less
than eighty percent (80%) of the replacement cost thereof. If during the second
full Lease year after the Commencement Date of this Lease, or during any
subsequent year of the primary term or any renewal or extension, the premiums
for insurance insuring the Center for fire, casualty and extended coverage and
general liability carried by Landlord shall exceed the premium for such
insurance for the first full Lease year of the term hereof, Tenant shall pay to
Landlord on demand Tenant's proportionate share for said insurance premium. Said
proportionate share shall by determined by dividing the total number of square
feet in the Premises by the total number of square feet of all leaseable
building space within the Center. the amount of such additional insurance
premium; and the failure to pay such additional premium upon demand shall be
treated in the same manner as a default in the payment or rent hereunder when
due.
13. Liability. Landlord shall not be liable to Tenant or Tenant's
employees, agents, patrons or visitors, or to any other person whomsoever, for
any injury to person or damage to property on or about the Premises, caused by
the negligence or misconduct of Tenant, its agents, servants or employees, or of
any other person entering upon the Premises under express or implied invitation
of Tenant, or caused by the buildings and improvements located on the Premises
becoming out of repair, or caused by leakage of gas, oil, water or steam or by
electricity emanating from the Premises, or due to any cause whatsoever, and
Tenant agrees to indemnify Landlord and hold it harmless
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from any loss, expense or claims, including attorneys' fees, arising out of any
such damage or injury; except that any injury to person or damage to property
caused by the negligence of Landlord or by the failure of Landlord to repair and
maintain that part of the Premises which Landlord is obligated to repair and
maintain after the receipt of written notice from Tenant of needed repairs or of
defects shall be the liability of Landlord and not of Tenant, and Landlord
agrees to indemnify Tenant and hold it harmless from any and all loss, expense
or claims, including attorneys' fees, arising out of such damage or injury.
Tenant shall procure and maintain throughout the term of this Lease a policy or
policies of insurance, at its sole cost and expense, insuring both Landlord and
Tenant against all claims, demands or actions arising out of or in connection
with Tenant's use or occupancy of the Premises, or by the condition of the
Premises, the limits of such policy or policies to be in an amount not less than
$100,000 in respect of injuries to or death of any one person, and in an amount
not less than $300,000 in respect of any one accident or disaster, and in an
amount not less than $50,000 in respect of property damaged or destroyed, and to
be written by insurance companies qualified to do business in the state in which
the Premises are located. Such policies or duly executed certificates of
insurance shall be promptly delivered to Landlord and renewals thereof as
required shall be delivered to Landlord at least ten (10) days prior to the
expiration of the respective policy terms.
14. Condemnation.
A. If the whole or any substantial part of the Premises should be taken for
any public or quasi-public use under governmental law, ordinance or regulation,
or by right of eminent domain, or by private purchase in lieu thereof, this
Lease shall terminate and the rent shall be abated during the unexpired portion
of this Lease, effective when the physical taking of said Premises shall occur.
B. If less than a substantial part of the Premises shall be taken for any
public or quasi-public use under any governmental law, ordinance or regulation,
or by right of eminent domain, or by private purchase in lieu thereof, this
Lease shall not terminate, but the rent payable hereunder during the unexpired
portion of this Lease shall be reduced to such extent as may be fair and
reasonable under all of the circumstances.
C. In the event of any such taking or private purchase in lieu thereof,
Landlord and Tenant shall each be entitled to receive and retain such separate
awards and/or portion of lump sum awards as may be allocated to their respective
interests in any condemnation proceedings.
15. Holding Over. Should Tenant, or any of its successors in interest, hold
over the Premises, or any part thereof, after the expiration of the term of this
Lease, unless otherwise agreed in writing, such holding over shall constitute
and be construed as tenancy from month to month only, at a rental equal to the
rental payable for the last month of the term of this Lease plus fifty percent
(50%) of such amount. The inclusion of the preceding sentence shall not be
construed as Landlord's permission for Tenant to hold over.
16. Quiet Enjoyment. Landlord covenants that it now has, or will acquire
before Tenant takes possession of the Premises, good title to the Premises, free
and clear of all liens and encumbrances, excepting only the lien for current
taxes not yet due, such mortgage or mortgages as are permitted by the terms of
this Lease, zoning ordinances and other building and fire ordinances and
governmental regulations relating to the use of such property, and easements,
restrictions and other conditions of record. In the event this Lease is a
sublease, then Tenant agrees to take the Premises subject to the provisions of
the prior leases. Landlord represents and warrants that it has full right and
authority to enter into this Lease and that Tenant, upon paying the rental
herein set forth and performing its other covenants and agreements herein set
forth, shall peaceably and quietly have, hold and enjoy the Premises for the
term hereof without hindrance or molestation from Landlord subject to the terms
and provisions of this Lease.
17. Events of Default. The following events shall be deemed to be events of
default by Tenant under this Lease:
(a) Tenant shall fail to pay any installment of the rent hereby
reserved when due, and such failure shall continue for a period of five (5)
days from the date such installment was due.
(b) Tenant shall become insolvent, or shall make a transfer in fraud of
creditors, or shall make an assignment for the benefit of creditors.
(c) Tenant shall file a petition under any section or chapter of the
National Bankruptcy Act, as amended, or under any similar law or statute of
the United States or any State thereof; or Tenant shall be adjudged
bankrupt or insolvent in proceedings filed against Tenant thereunder.
(d) A receiver or trustee shall be appointed for all or substantially
all of the assets of Tenant.
(e) Tenant shall desert or vacate any substantial portion of the
Premises.
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(f) Tenant shall fail to comply with any term, provision or covenant of
this Lease (other than the foregoing in this Paragraph 17), and shall not
cure such failure within ten (10) days after written notice thereof to
Tenant
(g) Tenant shall be prohibited from recording Lease.
18. Remedies. Upon the occurrence of any of such events of default in
Paragraph 17 hereof, Landlord shall have the option to pursue any one or more of
the following remedies without any notice or demand whatsoever:
(a) Terminate this Lease, in which event Tenant shall immediately
surrender the Premises to Landlord, and if Tenant fails so to do, Landlord
may, without prejudice to any other remedy which it may have for
possession or arrearages in rent, enter upon and take possession of the
Premises and expel or remove Tenant and any other person who may be
occupying such Premises or any part thereof, by force if necessary,
without being liable for prosecution or any claim of damages therefor; and
Tenant agrees to pay to Landlord on demand the amount of all loss and
damage which Landlord may suffer by reason of such termination, whether
through inability to relet the Premises on satisfactory terms or
otherwise.
(b) Enter upon and take possession of the Premises and expel or remove
Tenant and any other person who may be occupying such Premises or any part
thereof, by force if necessary, without being liable for prosecution or
any claim for damages therefor, and relet the Premises and receive the
rent therefor; and Tenant agrees to pay to the Landlord on demand any
deficiency that may arise by reason of such reletting.
(c) Enter upon the Premises by force if necessary without being liable
for prosecution or any claim for damages therefor, and do whatever Tenant
is obligated to do under the terms of this Lease; and Tenant agrees to
reimburse Landlord on demand for any expenses which Landlord may incur in
thus effecting compliance with Tenant's obligations under this Lease, and
Tenant further agrees that Landlord shall not be liable for any damages
resulting to the Tenant from such action, whether caused by the negligence
of Landlord or otherwise.
In the event Tenant fails to pay any installment of rent hereunder as and
when such installment is due, Tenant shall pay to Landlord on demand a late
charge as provided in Paragraph 28. herein; and the failure to pay such amount
within ten (10) days after the due date of that installment of rent shall be an
additional event of default hereunder. The provision for such late charge shall
be in addition to all of Landlord's other rights and remedies hereunder or at
law and shall not be construed as liquidated damages or as limiting Landlord's
remedies in any manner.
Pursuit of any of the foregoing remedies shall not preclude pursuit of any
of the other remedies herein provided or any other remedies provided by law, nor
shall pursuit of any remedy herein provided constitute a forfeiture or waiver of
any rent due to Landlord hereunder or of any damages accruing to Landlord by
reason of the violation of any of the terms, provisions and covenants herein
contained. No waiver by Landlord of any violation or breach of any of the terms,
provisions and covenants herein contained shall be deemed or construed to
constitute a waiver of any other violation or breach of any of the terms,
provisions and covenants herein contained. Landlord's acceptance of the payment
of rental or other payments hereunder after the occurrence of an event of
default shall not be construed as a waiver of such default, unless Landlord so
notifies Tenant in writing. Forbearance by Landlord to enforce one or more of
the remedies herein provided upon an event of default shall not be deemed or
construed to constitute a waiver of such default. If, on account of any breach
or default by Tenant in Tenant's obligations under the terms and conditions of
this Lease, it shall become necessary or appropriate for Landlord to employ or
consult with an attorney concerning or to enforce or defend any of Landlord's
rights or remedies hereunder, Tenant agrees to pay any reasonable attorney's
fees. No act or thing done by the Landlord or its agents during the term hereby
granted shall be deemed an acceptance of the surrender of the Premises, and no
agreement to accept a surrender of said Premises shall be valid unless in
writing signed by Landlord. The receipt by Landlord of rent with knowledge of
the breach of any covenant or other provision contained in this Lease shall not
be deemed or construed to constitute a waiver of any other violation or breach
of any of the terms, provisions and covenants contained herein.
19. Landlord's Lien. In addition to any statutory lien for rent in
Landlord's favor, Landlord shall have and Tenant hereby grants to Landlord a
continuing security interest in all rentals and other sums of money becoming due
hereunder from Tenant, upon all goods, wares, equipment, fixtures, furniture,
inventory, accounts, contract rights, chattel paper and other personal property
of Tenant situated on the Premises; and such property shall not be removed
therefrom without the consent of Landlord until all arrearages in rent as well
as any and all other sums of money then due to Landlord hereunder shall first
have been paid and discharged. In the event of a default under this Lease,
Landlord shall have in addition to any other remedies herein or by law, all
rights and remedies under the Uniform Commercial Code, including without
limitation the right to sell the property described in this
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Paragraph 19 at public or private sale upon five (5) days' notice to Tenant.
Tenant hereby agrees to execute such financing statements and other instruments
necessary or desirable in Landlord's discretion to perfect the security interest
hereby created. Any statutory lien for rent is not hereby waived, the express
contractual lien herein granted being in addition and supplementary thereto.
Notwithstanding the foregoing, Landlord is put on notice and acknowledges that
certain assets of the business currently have a UCC filing that is primary.
20. Mortgages. This Lease shall be superior to any mortgage, deed to secure
debt or similar security instrument hereafter executed by Landlord and
constituting a lien or charge upon the Premises or the improvements situated
thereon; provided, however, that if any mortgagee or holder of any such security
instrument shall so require, Tenant will, at any time hereafter, on demand
execute and deliver any instruments, releases or other documents which may be
required by any mortgagee or security instrument holder for the purpose of
subjecting and subordinating this Lease to the lien and/or security title of any
such mortgage, deed to secure debt or similar security instrument.
21. Landlord's Default. In the event Landlord should become in default in
any payments due on any such mortgage described in Paragraph 20 hereof or in the
payment of taxes or any other items which might become a lien upon the Premises
and which Tenant is not obligated to pay under the terms and provisions of this
Lease, Tenant is authorized and empowered after giving Landlord ten (10) days'
prior written notice of such default and Landlord fails to cure such default, to
pay any such items for and on behalf of Landlord, and the amount of any item so
paid by Tenant for or on behalf of Landlord, together with any interest or
penalty required to be paid in connection therewith, shall be payable on demand
by Landlord to Tenant; provided, however, that Tenant shall not be authorized
and empowered to make any payment under the terms of this Paragraph 21, unless
the item paid shall be superior to Tenant's interest hereunder. In the event
Tenant pays any mortgage debt in full, in accordance with this paragraph, it
shall, at its election, be entitled to the mortgage security by assignment or
subrogation.
22. Mechanic's Liens. Tenant shall have no authority, express or implied,
to create or place any lien or encumbrance of any kind or nature whatsoever
upon, or in any manner to bind, the interest of Landlord in the Premises or to
charge the rentals payable hereunder for any claim in favor of any person
dealing with Tenant, including those who may furnish materials or perform labor
for any construction or repairs, and each such claim shall affect and each such
lien shall attach to, if at all, only the leasehold interest granted to Tenant
by this instrument. Tenant covenants and agrees that it will pay or cause to be
paid all sums legally due and payable by it on account of any labor performed or
materials furnished in connection with any work performed on the Premises on
which any lien is or can be validly and legally asserted against its leasehold
interest in the Premises or the improvements thereon and that it will save and
hold Landlord harmless from any and all loss, cost or expense based on or
arising out of asserted claims or liens against the leasehold estate or against
the rights, titles and interest of the Landlord in the Premises or under the
terms of this Lease.
23. Notices. Each provision of this instrument or of any applicable
governmental laws, ordinances, regulations and other requirements with reference
to the sending, mailing or delivery of any notice or the making of any payment
by Landlord to Tenant or with reference to the sending, mailing or delivery of
any notice or the making of any payment by Tenant to Landlord shall be deemed to
be complied with when and if the following steps are taken:
A. All rent and other payments required to be made by Tenant to
Landlord hereunder shall be payable to Landlord at the address hereinbelow
set forth or at such other address as Landlord may specify from time to
time by written notice delivered in accordance herewith.
B. All payments required to be made by Landlord to Tenant hereunder
shall be payable to Tenant at the address hereinbelow set forth, or at
such other address within the continental United States as Tenant may
specify from time to time by written notice delivered in accordance
herewith.
C. Any notice or document required or permitted to be delivered
hereunder shall be deemed to be delivered whether actually received
or not when deposited in the United States Mail, postage prepaid,
Certified or Registered Mail, addressed to the parties hereto at the
respective addresses set out opposite their names below, or at such
other address as they have theretofore specified by written notice
delivered in accordance herewith:
Landlord: XXXXXX X. XXXXXXXX, XXXXX X. XXXXXXX, & XXXXX X. XXXXXX
DBA CHEROKEE VENTURE II
000 XXXXXXXXXXX XX. XXXXX 000
XXXXXXXXX, XXXXXXX 00000
34
Tenant: XXXXX X. XXXXXXXX
XXXXXXXX.XXX
000 XXXXXXXXXXX XX. XXXXX 000
XXXXXXXXX, XXXXXXX 00000
If and when included within the term "Landlord," as used in this instrument,
there are more than one person, firm or corporation, all shall jointly arrange
among themselves for their joint execution of such a notice specifying some
individual at some specified address for the receipt of notices and payments to
Landlord; if and when included within the term "Tenant," as used in this
instrument, there are more than one person, firm or corporation, all shall
jointly arrange among themselves for their joint execution of such a notice
specifying some individual at some specific address within the continental
United States for the receipt of notices and payments to Tenant. All parties
included within the terms "Landlord" and "Tenant," respectively, shall be bound
by notices given in accordance with the provisions of this paragraph to the same
effect as if each had received such notice.
24. Miscellaneous.
A. Words of any gender used in this Lease shall be held and construed to
include any other gender, and words in the singular number shall be held to
include the plural, unless context otherwise requires.
B. The terms, provisions and covenants and conditions contained in this
Lease shall apply to, inure to the benefit of, and be binding upon, the parties
hereto and upon their respective heirs, legal representatives, successors and
permitted assigns, except as otherwise herein expressly provided.
C. The captions are inserted in this Lease for convenience only and in no
way define, limit, or describe the scope or intent of this Lease, or any
provision hereof, nor in any way affect the interpretation of this Lease.
D. Tenant agrees, within ten (10) days after request of Landlord, to
deliver to Landlord, or Landlord's designee, an estoppel certificate stating
that this Lease is in full force and effect, the date to which rent has been
paid, the unexpired term of this Lease and such other matters pertaining to this
Lease as may be reasonably requested by Landlord.
E. This Lease may not be altered, changed or amended except by an
instrument in writing signed by Landlord and Tenant.
25. Insurance:
a) Tenant, at its sole cost and expense, shall, during the term of this
Lease, cause all improvements at any time located in the Premises
(other than the building standard tenant improvements) and all
equipment, machinery and fixtures from time to time used or intended
to be used in connection with the operation and maintenance of the
Premises, to be insured for the mutual benefit of Landlord and
Tenant against loss or damage by fire and against loss or damage by
other risks now or hereafter included in the standard form of
all-risk insurance policy, in an amount equal to the full insurable
value thereof. All proceeds from such insurance shall be used for
the repair and replacement of such improvements, equipment and
fixtures.
b) Notwithstanding any other provisions of this Lease, Tenant, at its
own expense, shall maintain the following insurance coverage. All
coverage shall be primary and non-contributory over any insurance
the Landlord may elect to provide on its behalf. At the commencement
of the Lease Term, and upon renewal of such coverage, Tenant shall
deliver to the Landlord an original certificate of such insurance
from the insurer providing a minimum of thirty (30) day prior
written notice of cancellation. All policies of insurance required
to be carried by Tenant under this paragraph shall be in a form
satisfactory to Landlord, shall be issued by responsible insurance
companies which are licensed to do business in the State of Georgia,
have Best's rating of at least "A", and have been approved in
writing by Landlord.
1) Worker's Compensation. Tenant shall maintain Worker's
Compensation insurance to comply with all state and/or federal
laws which may be applicable.
2) Comprehensive General Liability. Tenant shall maintain a
comprehensive general liability policy including all those
coverage normally provided by the extended liability
endorsement. Such policies shall specifically name the
Landlord as additional insured. Landlord may, at its
discretion, request evidence of products insurance.
35
The minimum limits of liability acceptable are:
i. One million dollars ($1,000,000.00) for property damage, and
ii. Three million dollars ($3,000,000.00) per occurrence for
personal injuries or deaths of persons in or about the
Premises.
26. Principal(s) in Transaction: Xxxx X. Xxxxxxx and Xxxxxx X. Xxxxxxxx are
licensed Georgia Real Estate Brokers acting as a principals in this
transaction.
27. Extrinsic Evidence: It is expressly agreed by Tenant, as a material
consideration for the execution of this Lease Agreement, that this
Lease with the specific references to written extrinsic documents, is
the entire agreement of the parties; that there are, and were, no
verbal representations, understanding, stipulations, agreements or
promises pertaining to this Lease Agreement or the expressly mentioned
written extrinsic documents not incorporated in writing in this Lease
Agreement. It is likewise agreed that this Lease may not be altered,
waived amended or extended except by an instrument in writing, signed
by both Landlord and Tenant.
28. Late Charges: Other remedies for nonpayment of rental notwithstanding,
time is of the essence of this Lease and if Landlord elects to accept
rent on or after the tenth (10th) day of the month, a late charge equal
to the greater of five percent (5%) of the monthly rent or Two Hundred
Dollars ($200.00), whichever is greater, will be due as additional
rent. Tenant agrees to tender all late rents by cashier's check,
certified check, or money order. In the event Tenant's rent check is
dishonored by the bank, Tenant agrees to pay Landlord $25.00 as a
handling charge and, if applicable, the late charge, and Tenant shall
deliver said monies to Landlord as specified in Paragraph 3. Dishonored
checks must be replaced by cashier's check, certified check or money
order. In the event more than one check is dishonored, Tenant agrees to
pay all future rents and charges in the form of cashier's check,
certified check, or money order. Any other amounts payable to Landlord
under this Lease, with the exception of rent, shall be considered past
due 30 days from Landlord's billing date and Tenant shall pay a monthly
service charge of 5% of the amount past due for that and each
subsequent month that the amount remains past due. The parties agree
that such charges represent a fair and reasonable estimate of the costs
the Landlord will incur by reason of such late payment and/or returned
check.
29. Common Area Maintenance Charges: Beginning as of the thirty seventh
full month of the term hereof, Tenant shall pay to Landlord as
additional Rent, a common area maintenance charge equal to fifty cents
per square foot of finished area of Tenant's Premises. The charge
required hereunder shall be paid one twelfth each month along with
monthly payments of rent. Included in the common area maintenance
charge shall be the cost of maintaining the landscaping, grounds,
walks, parking areas, irregation system (Including water), and all
common areas.
30. Special Provisions.
See special stipulations attached hereto and made a part hereof.
EXECUTED the 21st day of March, 2000. LANDLORD:
CHEROKEE VENTURE II
By:
-------------------------------------- -----------------------------
Witness
TENANT:
XxxxxxXX.xxx
By: S/Xxxxx X. Xxxxxxxx
-------------------------------------- -----------------------------
Witness Xxxxx X. Xxxxxxxx, President
36
This Lease Agreement and all terms, provisions and obligations of the Tenant are
personally guaranteed by Xxxxx X. Xxxxxxxx.
S/Xxxxx X. Xxxxxxxx
-------------------------------------- -----------------------------
Witness Xxxxx X. Xxxxxxxx
00
(These Special Stipulations prevail if there is any conflict with the printed
form).
SPECIAL STIPULATIONS
30A. Rent is payable to: CHEROKEE VENTURE II
000 Xxxxxxxxxxx Xx. Xxxxx 000
Xxxxxxxxx, XX 00000
Rent due hereunder shall be as follows:
First Lease Year rent shall be Ninety Thousand and no/100 Dollars ($90,000.00)
plus a pro rata rent for any partial month if the first Lease Year is more than
twelve full calendar months, payable in monthly installments of Seventy Five
Hundred and no/100 Dollars ($7,500.00). Second Lease Year rent shall be One
Hundred Two Thousand and no/100 Dollars ($102,000.00), payable in monthly
installments of Eighty Five Hundred and no/100 Dollars ($8,500.00). Rent for
each succeeding Lease Year shall increase by Forty Six Hundred Fifty and no/100
Dollars ($4,650.00) per Annum (0.30 per square foot ) over the rent for the
preceding Lease Year. One such monthly installment of rent shall be due and
payable on the Commencement Date recited above, and a like monthly installment
shall be due and payable without demand on or before the same day of each
succeeding month during the term hereof; provided that if the said Commencement
Date should be a date other than the first day of a calendar month, there shall
be due and payable on the said Commencement Date as rent for the balance of the
calendar month during which the said Commencement Date shall fall a sum equal to
that proportion of the rent for a full month as herein provided which the number
of days from the said Commencement Date to the end of the calendar month during
which the said Commencement Date shall fall bears to the total number of days in
such month, and all succeeding installments of rent shall be payable on or
before the first day of each succeeding calendar month during the term hereof as
first above provided.
30B. The building, at the expense of the Landlord, will be finished per the
attached:
Site Plan - Exhibit A General Specifications - Exhibit C
Floor Plan - Exhibit B (by reference only) Sign Criteria - Exhibit D
Rules and Regulations - Exhibit E
30C. Landlord will pay the base fire and extended coverage insurance premium
on the Premises. Any additional insurance premium due to interior
construction of improvements for Tenant shall be paid by Tenant. In
addition, Tenant will pay its prorated share of any increase in
insurance premiums over said premium for the Base tax year provided
that the premiums charged for set insurance are competitive by industry
standards. For the purposes of this paragraph, Tenant's prorated share
shall be deemed to be forty percent (40%) percent.
30D. Tenant agrees to execute any reasonable estoppel certificates relating
to the status of the Lease.
30E. The following items are specifically not the responsibility of
Landlord. Tenant shall supply all labor and materials including all
indirect costs such as permit fees, if any, and the like.
a. Movable partitions, work stations or any other furnishings or
trade fixtures.
b. The installation and/or wiring of any movable partitions, work
stations, furniture or trade fixtures of Tenant.
c. Telephone equipment and telephone wiring.
d. Computer equipment, computer cabling or computer installation.
Landlord shall provide 110 volt electrical wiring for computers
only as shown on the Plans and Specifications.
e. Any burglary or fire and smoke alarm system other than the fire
sprinkler system as provided for in the Plans and Specifications.
38
f. Window treatments of any kind including but not limited to
drapes, blinds or shades.
30F. It is specifically understood and agreed that this Lease supersedes and
replaces all other Leases and agreements heretofore made between the
parties hereto, either orally or in writing, and contains the entire
Agreement between all parties hereto. This Lease shall not be modified
or amended except in writing and executed by all parties hereto.
30G. It is specifically understood and agreed that Landlord shall have the
right, but not the obligation, to designate specific parking spaces to
be used by Tenant, in which Tenant agrees to park only in designated
parking spaces. In the event Landlord elects to designate parking
spaces, Tenant shall have at least eight (8) parking spaces directly in
front of the Premises. Tenant shall have the right to use no less than
thirty six (45) total parking spaces. Improper or unauthorized parking
shall be a violation of the terms of this Lease Agreement.
30H. Tenant agrees to immediately install the appropriate number and type of
fire extinguishers recommended and/or required by the fire department
and/or Landlord and/or Tenant's insurance company. Tenant agrees to
comply with reasonable loss prevention recommendations of Landlord
and/or Tenant's insurance companies.
30I. So long as Tenant is not in default of any of the terms of this Lease,
Landlord will grant Tenant two (2) five (5) year options to extend the
term hereof. Tenant must provide Landlord written notice no later than
one hundred eighty (180) days prior to the termination date of the
Lease or the extended term of the Lease of their intention to exercise
the option. The rental rate for each year of each option shall increase
by Thirty One Hundred and no/100 Dollars ($3,100.00) per Annum (0.20
per square foot ) over the rent for the preceding Lease Year. All other
terms and provisions of this Lease shall remain unchanged. In the event
Landlord does not receive notification within the above-specified
period, it will be assumed that Tenant forfeits this option.
39
EXHIBIT C
GENERAL SPECIFICATIONS FOR
COBBLESTONE BUSINESS PARK
WAREHOUSE AREA:
1) Eight 8-foot double tube exposed strip fluorescent lights attached to the
bar joists.
2) Normal hazardous wet fire sprinkler within xxxx joists. (20 gallons/per
minute for most remote 2,000 s.f.)
OUTSIDE WORK:
1) Recessed can lights at front store front entry and wall mounted outside
lights to exterior truck dock area.
2) Landscaping per plan.
3) TROPIC WHITE energy efficient reflective roof coating, by Monsey Products
Co. of Kimberton, PA, or equivalent.
4) Over designed and oversized box type rear roof down spouts.
5) Rear truck area is approximately 100' deep with 40' continuous 6" concrete
pad with wire mesh; remaining 70' is asphalt containing 6" crusher run; 2"
asphalt binder and 1" asphalt topping.
Incorporated herein are those certain plans and specifications by Xxxxxx X.
Xxxxxxx Company, Architects and Engineers for Colony Homes indicating
office/warehouse - 50,400 square feet Cherokee County, Georgia dated
9/30/97 revised through 1/20/98.
OFFICE AREA:
GENERAL
DOCUMENTS (By Reference Only)
1. Schematic Floor Plan prepared by Samples Construction SE
2. Reflected ceiling plan prepared by Samples Construction SE
SITE INFORMATION
1. Premises location: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000
Xxxxxxxxx (Xxxxxxxx Xxxxxx),Xxxxxxx 00000
2. Office area: As set out on the Plans and Specifications
identified hereinabove
II. CARPENTRY AND MILL WORK
40
Base cabinets to be custom-made solid wood cabinets with post formed
laminated tops. Laminate tops and cabinet stain or paint colors to be
selected by Tenant. Millwork by Landlord shall only consist of the
following:
1. Break room base cabinet
III. DOORS & WINDOWS
A. DOOR FRAMES
All door frames to be commercial grade metal frames - 5 5/8" or 5 7/8",
factory primed and painted on site. Glass store front doors to be
anodized aluminum to match store front.
B. DOORS
Doors as shown on the schematic floor plan. Exterior doors to be solid
core metal clad 3'0" by 7'0" metal frame glass store front doors as
indicated. All interior doors to be 3'0" by 7'0" by 1 3/4" solid core
birch doors. All doors to meet all appropriate governmental codes.
DOOR HARDWARE
Door hardware to be Cal Royal. All interior doors shall have passage
sets except restroom doors (privacy) and mechanical room and exterior
doors (locksets). Closers shall be on be on all restroom doors,
mechanical room doors and exterior doors.
IV. FINISHES
A. FINISH MATERIALS
1. Carpet shall be Level loop commercial carpet in offices only.
2. Vinyl composition floor tile at restrooms, breakroom and storag
room.
3. 4" vinyl base at all carpet and vinyl areas.
4. All painted gypsum walls to be painted with 2 coats of flat latex.
5. All metal door frames to be painted semi-gloss enamel.
6. Sealed concrete in all warehouse areas.
B. DRYWALL CONSTRUCTION
1. All partition walls shall be 3 5/8" thick, 25-gage metal studs at
24" center, attached to metal ceiling grid and support to structure
as required.
2. Gypsum board shall be1/2" thick at typical partition, 5/8" thick at
walls as required by U.S. Gypsum Company U.L. listing test data and
as may be required by all applicable local codes.
3. 1/2" moisture-resistant gypsum board to be used in all restrooms and
high-moisture areas.
4. Rigid insulation shall be used between metal furring strips at
exterior masonry wall finish locations.
5. Kraft paper faced batt insulation (R-11) shall be used at all
exterior metal stud wall locations and at all restroom walls.
C. ACOUSTICAL CONSTRUCTION
1. 2' X 4' white ceiling grid suspended from structure above.
2. Acoustical ceiling tile shall be standard edge, 5/8" thick, fissured
pattern, white.
3. Kraft paper faced batt insulation (R-11) shall be installed above
all upstairs and downstairs ceilings.
D. PAINT
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All gypsum board, metal and wood surfaces shall be properly
prepared, primed and painted with two coats of paint or polyurethane
as specified. Walls shall be flat latex, metal door frames and
miscellaneous interior metal shall be semi-gloss alkyd enamel. All
stained cabinetry shall be satin finish polyurethane. All stain and
paint colors to be selected by Owner.
V. MECHANICAL
B. HEATING, VENTILATION, and AIR CONDITIONING SYSTEMS
1. Heat and air conditioning will be provided by with a minimum of one
ton per 400 sq. ft. of finished office area, consisting of roof top
or split system units at the option of Landlord. Heat will be by gas
or electric at the option of Landlord.
2. All supply ducts will be insulated ducts. All returns will be
ducted.
3. Thermostats will be automatic changeover programmable thermostats
located at apx. 54" above floor level.
4. All restrooms will be equipped with exhaust fans.
5. The area outside of the offices shall be heated only (no air
conditioning) by two 250,000 BTU gas fired units suspended from the
roof bar joists.
B. PLUMBING
1. All toilets will be equipped with Xxxxx flush valve water supplies.
VI. ELECTRICAL AND LIGHTING
Electrical will be as provided in the contract documents set out in
item I. A. above. Lighting will be 2' x 4' fluorescent lay-in fixtures
with acrylic lens.
VII. ALLOWANCES
NONE
42
EXHIBIT E
RULES AND REGULATIONS
1. All loading and unloading of goods shall be done only at such times in the
areas and through the entrances designated for such purposes by Landlord.
2. The delivery or shipping of the merchandise, supplies and fixtures to and
from the Premises shall be subject to such rules and regulations as in the
judgement of Landlord are necessary for the proper operation of the
Premises or the Center.
3. Tenant will not utilize any unethical method of business operation nor
shall any space in the Premises be used for living or sleeping quarters,
whether temporary or permanent.
4. Tenant shall have full responsibility for protecting the Premises and the
property located therein from theft and robbery and shall keep all doors
and windows securely fastened when not in use.
5. No aerial shall be erected on the roof or exterior walls of the Premises or
on the grounds without, in each instance, the written consent of the
Landlord. Any aerial so installed without such written consent shall be
removed without notice at any time without liability to Landlord and the
expenses involved in said removal shall be charged to and paid by Tenant
upon demand.
6. No loudspeaker, television, phonographs, radios or other devices shall be
used in a manner so as to be heard or seen outside of the Premises without
the prior written consent of Landlord.
7. Tenant shall maintain the inside of the Premises at a temperature
sufficiently high to prevent freezing of water in pipes and fixtures inside
the Premises.
8. The plumbing facilities shall not be used for any other purpose than that
for which they are constructed and no foreign substance of any kind shall
be deposited therein. The expense of any breakage, stoppage or damage
resulting from a violation of this provision shall be borne by Tenant.
9. Tenant shall not burn any trash or garbage of any kind in or about the
Premises, the Center or within one mile of the outside property line of the
Center.
10. Tenant shall not cause or permit any unusual or objectionable odors not
commonly associated with Tenant's current operating process to be produced
upon or permeated from the Premises nor shall Tenant vent any cooking fumes
or odors into the interior of the building.
11. Tenant shall not permit, allow or cause any public or private auction,
"going out of business", bankruptcy, distress or liquidation sale in the
Premises. It is the intent of the preceding sentence to prevent the Tenant
from conducting his business in any manner that would give the public the
impression that he is about to cease operation and Landlord shall be the
sole judge as to what shall constitute a "distress type" sale.
12. The sidewalk, entrances, passages, quarters or halls shall not be
obstructed or encumbered by any Tenant or used for any purpose other than
ingress or egress to and from the Premises.
13. No sales tables, merchandise displays, signs or other articles shall be put
in front of or affixed to any part of the exterior building nor placed in
the halls, common passageways, corridors, vestibule or parking area without
the prior written consent of the Landlord.
14. Tenant shall not erect or maintain any barricade or scaffolding which may
obscure the signs, entrances or show window of any other Tenant in the
Center or tend to interfere with any such other Tenant's business.
15. Tenant shall not create or maintain, nor allow others to create or
maintain, any nuisances, including with limiting the foregoing general
language, loud noises, sound effects, bright lights, changing, flashing,
flickering or lighting devices or similar devices, smoke or dust, the
effect of which will be visible from the exterior of the Premises.
16. No additional locks shall be placed on the doors of the Demised Premises by
Tenant, nor shall any
43
existing lock be changed unless Landlord is immediately furnished with two
keys thereto. Landlord will without charge furnish Tenant with two keys for
each lock existing upon the entrance doors when Tenant assumes possession
with the understanding that at the termination of the Lease these keys
shall be returned.
17. Tenant will refer all contractors, contractor's representatives and
installation technicians, rendering any service on or to the Premises for
Tenant to Landlord's approval and supervision before performance of any
contractual service. This provision shall apply to all work performed in
the Building including installation of telephones, telegraph equipment,
electrical devices and attachments and installation of any nature affecting
floors, walls, woodwork, trim, windows, ceilings, equipment or any other
physical portion of the Building.
18. Tenant shall not place, install or operate on demised Premises or in any
part of Building, any engine, stove or machinery or conduct mechanical
operations or xxxx thereon or therein, or place or use in or about Premises
any explosives, gasoline, kerosene, oil acids, caustics, or any other
inflammable, explosive or hazardous material without written consent of
Landlord.
19. Landlord will not be responsible for lost or stolen personal property,
equipment, money or jewelry from Tenant's area or public rooms regardless
of whether such loss occurs when area is locked against entry or not.
20. Tenant shall not at any time display a "For Rent" sign upon the demised
Premises for rent.
21. Landlord will not permit entrance to Tenant's offices by use of pass key
controlled by Landlord, to any person at any time without written
permission by Tenant, except employees, contractors, or service personnel
directly supervised by Landlord.
22. None of the entries, passages, doors, or hallways shall be blocked or
obstructed, or any rubbish, litter, trash, or material of any nature
placed, emptied or thrown into these areas, including any alleyways to the
rear of the leased Premises, or such areas being used at any time except
for ingress or egress by Tenant, Tenant's agents, employees or invitees.
23. No vehicle shall be stored in the building. No animal shall be brought into
the building.
24. No sign, tag, label, picture, advertisement, or notice (other than price
tags of customary size used in marking samples) shall be displayed,
distributed, inscribed, painted or affixed by Tenant on any part of the
outside or inside or the building or of the Demised Premises without the
prior written consent of the Landlord.
25. Tenant shall not do or permit to be done within the Demised Premises
anything which would unreasonably annoy or interfere with the right of
other Tenants of the Building.
26. During the ninety days prior to the expiration of the Lease, Landlord may
show the Demised Premises to prospective tenants and may place upon the
windows or doors thereon one or more "For Rent" signs of reasonable
dimensions.
27. Landlord reserves the right to waive any rule in any particular instance or
as to any particular person or occurrence and further, Landlord reserves
the right to amend or rescind any of these rules or make, amend and rescind
new rules to the extent Landlord, in its sole judgement deems suitable for
the safety, care and cleanliness of the Center and the conduct of high
standards of merchandising and services therein. Tenant agrees to conform
to such new or amended rules upon receiving written notice of the same.
28. Parking facilities supplied by Landlord for Tenants shall be used for
vehicles that may occupy a standard parking area only (i.e. 8'x13').
Moreover, the use of such parking facilities shall be limited to normal
business parking and shall not be used for a continuous parking of any
vehicle or trailer regardless of size.
44
