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GA Property No. 17301
STANDARD FORM OF INDUSTRIAL LEASE
(NET)
TABLE OF CONTENTS
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ARTICLE I. DEFINITIONS PAGE
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1.1 Address of Landlord 1
1.2 Address of Tenant 1
1.3 Base Rent 1
1.4 Base Year 1
1.5 Building/s 1
1.6 Center 1
1.7 Common Area 1
1.8 Lease Term 1
1.9 Permitted Use of the Premises 1
1.10 Premises 1
1.11 Rent 1
1.12 Additional Rent 1
1.13 Security Deposit 1
1.14 Tenant's Allocated Share 1
1.15 Tenant's Proportionate Share 2
1.16 Tenant's Prorata Share 2
ARTICLE II. THE DEMISED PREMISES.
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2.1 Lease of the Premises 2
2.2 Use of Common Area 2
2.3 Quiet Enjoyment 2
2.4 Reservations by Landlord 2
ARTICLE III. TERM OF THE LEASE.
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3.1 Term 2
3.2 Tender of Possession 2
3.3 Holding Over 3
ARTICLE IV. RENT.
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4.1 Base Rent 3
4.2 Additional Rent 3
4.2(a) Utilities and Services 3 & 4
4.2(b) Insurance 4
4.2(c) Real Estate Taxes 4
4.2(d) HVAC Maintenance 4
4.2(e) Common Area Expenses 4 & 5
4.2(f) Rent on Sales Taxes 5
4.3 Late Payment 5
4.4 Security Deposit 5
ARTICLE V. LANDLORD'S RIGHTS AND OBLIGATIONS.
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5.1 Maintenance by Landlord 6
5.2 Mortgage and Transfer; Estoppel Certificates 6
5.3 Landlord's Inability to Perform 6 & 7
5.4 Rights of Landlord 7
5.4(a) Name of Center 7
5.4(b) Redecorate 7
5.4(c) Re-Lease 7
5.4(d) Vehicles 7
5.4(e) Preservation of Center 7
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ARTICLE VI. TENANT'S RIGHTS AND OBLIGATIONS. Page
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6.1 Acceptance of Premises 7
6.2 Alterations and Additions 7
6.3 Assignment and Subletting 8
6.4 Locks 8
6.5 Maintenance by Tenant 8
6.6 Mechanic's Liens 8
6.7 Redelivery of Premises 8
6.8 Signs and Advertisements 8
6.9 Use of Common Areas 9
6.10 Use of Premises 9
6.11 Hazardous Substances 9
ARTICLE VII. INSURANCE.
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7.1 Liability Insurance 9
7.2 Fire and Extended Coverage Insurance 9
7.3 Indemnification of Landlord 10
ARTICLE VIII. EMINENT DOMAIN AND DAMAGE OR DESTRUCTION.
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8.1 Eminent Domain 10
8.2 Damage or Destruction 10 & 11
ARTICLE IX. DEFAULTS AND REMEDIES.
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9.1 Events of Default 11
9.1(1) Nonpayment 11
9.1(b) Noncompliance 11
9.1(c) Insolvency or Transfer 11
9.1(d) Bankruptcy 11
9.1(e) Receiver 11
9.1(f) Abandonment 11
9.2 Remedies 11 & 12
9.2(a) Repossession and Sale 12
9.2(b) Releasing 12
9.2(c) Cancellation 12
9.2(d) Anticipatory Breach 12
9.2(e) Attorney's Fees 12
9.3 Remedies Cumulative 12
9.4 No Waiver
ARTICLE X. MISCELLANEOUS.
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10.1 Bankruptcy or Assignment to Trustee 12
10.2 Brokers 12
10.3 Captions 13
10.4 Certificates of Occupancy 13
10.5 Entire Agreement 13
10.6 Joint and Several Liability of Multiple
Tenants 13
10.7 Notices 13
10.8 Partial Invalidity 13
10.9 Recording 13
10.10 Successors 13
10.11 Use of the Singular; Gender 13
10.12 Rider 13
EXHIBIT A. RULES AND REGULATIONS.
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EXHIBIT B. THE CENTER AND PREMISES.
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EXHIBIT C. ADDENDUM TO LEASE.
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EXHIBIT D. XXXXXXXX'S IMPROVEMENTS TO PREMISES. PRELIMINARY SPACE PLAN.
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STANDARD FORM OF INDUSTRIAL LEASE
(NET)
THIS LEASE, made this 6th day of June , 1997, by and between GENERAL
AMERICAN LIFE INSURANCE COMPANY, a Missouri corporation (hereinafter
"Landlord"), and GRANITE FINANCIAL, INC., a Delaware corporation. (Hereinafter
"Tenant").
ARTICLE I. DEFINITIONS.
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1.1 Address of Landlord: 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx XX 00000
1.2 Address of Tenant: 0000 X. 00xx Xxxxxx, Xxxxxxxxxxx, XX 00000
1.3 Base Rent: $11,237.90 per month.
1.4 Base Year: The calendar year in which this Lease commences.
1.5 Building/s: The Building/s in which the Premises is located. The specific
Building in which the Premises is located contains 31,200 square feet. The total
square footage of all the Buildings in the Center is 149,000 square feet.
1.6 Center: The land, improvements and appurtenances depicted on Exhibit B
attached hereto and commonly referred to as: (Name of Center:) Triad West
Business Center and located at (Street Address:) 00000 Xxxxx Xxxxxxxx Xxxxxxx
(Xxxx:) Golden (State:) Colorado 80403.
1.7 Common Areas: The term "Common Area" means all the areas of the Center
designed for the common use and benefit of the Landlord and all of the tenants,
their employees, agents, customers and invitees. The Common Area includes, but
not by way of limitation, parking lots, truck courts, landscaped and vacant
areas, driveways, rail spurs, walks and curbs with facilities appurtenant to
each as such areas may exist from time to time.
1.8 Lease Term: The lease term shall commence on August 15, 1997, and run for
-5- years, and -0- months, expiring on August 14, 2002.
1.9 Permitted Use of the Premises: office/warehouse for Granite Financial,
Inc.
1.10 Premises: Approximately 13,080 square feet of space in the Center located
as outlined on Exhibit B attached hereto, and addressed as: (Street
Address/Suite Number of Premises:) 00000 Xxxxx Xxxxxxxx Xxxxxxx, xxxxx number to
be determined prior to commencement date.
1.11 Rent: All sums, moneys or payments required to be paid by Tenant to
Landlord pursuant to this Lease, including Base Rent and Additional Rent.
1.12 Additional Rent: All sums, moneys or payments required to be paid by
Tenant to Landlord pursuant to this Lease other than Base Rent.
1.13 Security Deposit: $14,400.00
1.14 Tenant's Allocated Share: The percentage figure determined by dividing
the number of square feet in the Premises by the number of square feet in the
Building that is then leased to Tenant and to other tenants.
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1.15 Tenant's Proportionate Share: The percentage figure determined by
dividing the number of square feet in the Premises by the total number of square
feet in all the Buildings (this paragraph is applicable when the Center contains
more than one Building), which percentage figure is: 8.78%.
1.16 Tenant's Prorata Share: The percentage figure determined by dividing the
number of square feet in the Premises by the number of square feet in the
specific Building in which the Premises is located, which percentage figure is:
41.92%.
ARTICLE II. THE DEMISED PREMISES.
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2.1 Lease of the Premises. In consideration of the Rents, covenants,
agreements and conditions hereinafter provided to be paid, kept, performed and
observed, the Landlord leases to the Tenant and the Tenant hereby hires from the
Landlord the Premises, upon all the terms and conditions set forth in this
Lease.
2.2 Use of Common Area. Landlord grants the Tenant the nonexclusive revocable
use of the Common Area by Tenant, Tenant's employees, agents, customers and
invitees, under all the terms and conditions hereof, which use shall be subject
at all times to such reasonable, uniform and non-discriminatory rules and
regulations as may from time to time be established by Landlord.
2.3 Quiet Enjoyment. Landlord covenants that the Tenant, on paying the Rent
herein provided and keeping, performing and observing the covenants, agreements
and conditions herein required of the Tenant, shall peaceably and quietly hold
and enjoy the Premises for the Lease Term, subject, however, to the terms and
conditions of this Lease.
2.4 Reservations by Landlord. Landlord excepts and reserves from the Premises
the roof and exterior walls of the Building/s, and further reserves the right to
place, install, maintain, carry through, repair and replace such utility lines,
air ducts, pipes, wires, appliances, tunneling and the like in, over, through
and upon the Premises as may be reasonably necessary or advisable for the
servicing of the Premises or any other portions of the time to: (I) make
alterations, changes and additions to the Building/s and other improvements in
the Center; (ii) add additional areas to the Center and/or to exclude areas
therefrom; (iii) construct additional buildings and other improvements in the
Center; (iv) remove or relocate the whole or any part of any building or other
improvement in the Center; and (v) relocate any other tenant in the Center. It
is further understood that the existing layout improvements shall not be deemed
to be a warranty, representation or agreement on the part of the Landlord that
the Center will remain exactly as presently built, it being understood and
agreed that Landlord may change the number, dimensions and locations of the
walks, buildings and parking spaces as Landlord shall deem proper.
ARTICLE III. TERM OF THE LEASE.
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3.1 Term. Tenant shall have and hold the Premises for and during the Lease
Term subject to the payment of the Rent and the full and timely performance by
Tenant of all the covenants and conditions set forth in this Lease.
3.2 Tender or Possession. Landlord shall use its best efforts to tender
possession of the Premises to Tenant of the commencement of the Lease Term.
Landlord shall not be subject to any liability for any failure to tender
possession of the Premises to Tenant, provided that such failure occurred as a
consequence of any circumstance or cause beyond Landlord's reasonable control,
including but not limited to any Act of God or the failure of a prior tenant to
vacate all or any portion of the Premises.
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3.3 Holding Over. In the event of a holding over by Tenant or any of its
successors in interest after expiration or termination of this Lease without
the consent in writing of the Landlord, Tenant shall be deemed a Tenant at
sufferance and shall pay as liquidated damages, double Rent for the entire
holdover period and all attorney's fees and expenses incurred by Landlord in
enforcing its rights hereunder. Any holding over with the consent of Landlord
shall constitute Tenant a month-to-month tenant upon and subject to all the
terms, covenants and conditions of this Lease.
ARTICLE IV. RENT.
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4.1 Base Rent. Tenant covenants to pay without notice, deduction, set-off or
abatement to Landlord the Base Rent in lawful money of the United States in
equal consecutive monthly installments in advance on the first day of each
month during the Lease Term. Base Rent for any partial month shall be prorated
on a perdiem basis. Base Rent shall be payable to Landlord at Landlord's
Address or such other place as Landlord may designate from time to time in
writing. Tenant shall pay the first full month's Base Rent upon execution of
this Lease.
4.2 Additional Rent. Tenant covenants to pay without notice, deduction,
set-off or abatement to Landlord the Additional Rent in lawful money of the
United States in equal consecutive monthly installments in advance on the first
day of each month during the Lease Term. Additional Rent for any partial month
shall be prorated on a per diem basis. Additional Rent shall be payable to
Landlord at Landlord's Address or such other place as Landlord may designate in
writing. In order to provide for current payments of Additional Rent
reasonably estimated by Xxxxxxxx from time to time commencing on the first day
of the month following the month in which Landlord notifies Tenant of the
amount of such Additional Rent. If, as finally determined, the amount of
Additional Rent owing by Tenant shall be greater than or less than the
aggregate of all installments so paid to Landlord for each calendar year, the
Tenant shall pay to Landlord the amount of such underpayment, or Landlord shall
credit Tenant for the amount of such overpayment, as the case may be. It is the
intention hereunder to estimate the amount of Additional Rent for each calendar
year then to adjust such estimate in the following year based on the actual
amount of Additional Rent owing. The obligation of Tenant with respect to the
payment of Additional Rent shall survive the termination of this Lease. Any
payment, refund or credit made pursuant to this paragraph shall be made without
prejudice to any right of Tenant to dispute the amount of Additional Rent
owing, or the right of Landlord to correct any items as billed pursuant to the
provisions hereof. Within 30 days of the date Landlord notifies Tenant of the
amount of Additional Rent owing, Tenant or its authorized agent shall have the
right to inspect the books of Landlord during the business hours of Landlord at
such location that Landlord may specify, for the purpose of verifying such
amount. Unless Tenant asserts specific errors within such 30 days, such
notification by Landlord shall be deemed to be correct. No decrease in
Additional Rent shall reduce Tenant's liability hereunder below the amount of
Base Rent payable hereunder.
4.2(a) Utilities and Services. Landlord shall not be liable for any
interruption or failure whatsoever in utility services. Tenant shall
contract in its own name and pay for all charges for electricity, gas, fuel
if any, telephone, and any other services or utilities used in, servicing or
assessed against the Premises, unless otherwise herein expressly provided.
Additionally, and if the Building is master metered for water, sewer and
exterior lighting, Xxxxxx agrees to pay to Landlord as Additional Rent
Tenant's Prorata Share of the cost of such utilities for the Building.
Additionally, and as containerized rubbish collection bins will be provided
to the Building, Xxxxxx agrees to pay to Landlord as Additional Rent,
Xxxxxx's Allocated Share of the service cost of such bins (Unless Landlord,
exercising reasonable discretion, should determine that Tenant's actual use
thereof is greater than such Tenant's Allocated Share therefore, in which
case an equitable adjustment shall be made). Landlord may, however, require
Tenant to contract for
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his own rubbish collection, in the event Tenant's needs for such containers
constitute excessive demand on common containers. In such event, Tenant
shall contract with the same provider as the Center's common bins.
4.2(b) Insurance. Tenant shall pay to Landlord as Additional Rent Tenant's
Prorata Share (or, Xxxxxx's Proportionate Share in the event there is more
than one Building in the Center) of the cost of the premiums for the fire
and extended coverage insurance that Landlord maintains for the Center.
4.2(c) Real Estate Taxes. Tenant shall pay to Landlord as Additional Rent
Tenant's Prorata Share (or, Xxxxxx's Proportionate Share in the event there
is more than one Building in the Center) of Real Estate Taxes levied against
the Center. "Real Estate Taxes" shall mean: (a) all ad valorem Real Estate
Taxes on the Center (adjusted after protest or litigation, if any) for any
part of the term of this Lease, exclusive of penalties; (b) any taxes which
shall be levied in lieu of any such ad valorem Real Estate Taxes; (c) any
special assessments for benefits on or to the Center paid in annual
installments by Landlord; (d) occupational taxes or excise taxes levied on
rentals derived from the operation of the property of the privilege of
leasing property; (e) any private subdivision assessment made against the
Center; and (f) the expense of protesting, negotiating or contesting the
amount or validity of any such taxes, charges or assessments, such expense
to be applicable to the period of the item contested, protested or
negotiated.
If the Lease Term shall end during a tax year ("tax year" shall mean the
annual period for which Real Estate Taxes are assessed and levied) of which
only part is included in the Lease Term, the amount of such Additional Rent
shall be prorated on a per diem basis and shall be paid on or before the
last day of the lease Term. If the Lease Term ends in any tax year before
the amount to be payable by Tenant for the partial period has finally been
determined, the amount shall be adjusted between Landlord and Tenant. Tenant
shall be liable for all taxes levied against personal property and trade
fixtures placed by Tenant in the Premises.
4.2(d) HVAC Maintenance. Tenant shall pay to Landlord as Additional Rent
Tenant's Allocated Share of Landlord's cost and expense of the maintenance
service agreements to the heating, ventilating and air conditioning
equipment and controls servicing the Premises. Tenant shall pay all expenses
incurred to repair the heating, ventilating and air conditioning equipment
servicing the Premises, except to the extent that those items for Year One
of this Lease are covered by Xxxxxxxx's contractor's.
4.2(e) Common Area Expenses. Tenant will pay to Landlord as warranty.
Additional Rent Tenant's Prorata Share (or, Tenant's Proportionate Share in
the event there is more than one Building in the Center) of the Common Area
Operating Cost, however, such Common Area Expenses shall not exceed 5% per
year increase exclusive of taxes and insurance.
"Common Area Operating Cost" means the Landlord's total cost and expense
incurred in owning, operating, maintaining and repairing the Common Area,
including but without limitation by enumeration, costs for all electricity,
gas, water, sewer or fuel used in connection with the operation, maintenance
and repair of the Common Area; the amount paid for all electricity furnished
to the Common Area to light the parking lots or for any other purpose; the
amount paid for
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all labor and/or wages and other payments including costs to Landlord of
workmen's compensation and disability insurance, payroll taxes, welfare and
fringe benefits made to janitors, employees, contractors and subcontractors
of the Landlord involved in the operation and maintenance of the Common
Area; managerial, administrative, and telephone expenses related to
operation and maintenance of the Common Area; the total charges of any
independent contractors employed in the care, operation, repair,
maintenance, cleaning, snow removal, salting and landscaping of the Common
Area; the amount paid for all supplies, tools, replacement parts of
components, equipment and necessities which are occasioned by everyday wear
and tear of the Common Area; the amount paid for premiums for all insurance
required from time to time by Landlord or Landlord's mortgagees; the costs
of machinery and equipment purchased or leased by Landlord to perform its
Common Area maintenance obligations; and property management fees not to
exceed five percent (5%) of the gross income of the Center. To the extent
that Landlord elects to provide services which are not separately metered or
directly billed to the tenant, such as water, sewer and trash hauling, the
costs of such services shall be included in Common Area Operating Cost.
Common Area Operating cost shall not, however, include interest on debt,
capital retirement of debt, depreciation costs properly chargeable to the
capital account, except for capital expenditures which reduce other
operating expenses or such capital expenditures that are required by
changes in any governmental law or regulation in which case such
expenditures, plus interest on the unamortized principal investment at ten
(10%) percent per annum, shall be amortized over the life of the
improvements, and such costs shall be directly chargeable by the Landlord to
Tenant in the Tenant's Prorata share (or, Xxxxxx's Proportionate Share in
the event there is more than one Building in the Center).
4.2(f) Rent on Sales Taxes. Tenant shall pay to Landlord as Additional
Rent any Sales or Rent Taxes, however named or designated, levied on any
form of Rent or Additional Rent.
4.3 Late Payment. Tenant's failure to make any rental payment or other
payment required of Tenant hereunder within five (5) days of the due date
therefor shall automatically result in the imposition of a service charge for
such late payment in the amount of ten (10%) percent of such payment, without
notice.
4.4 Security Deposit. Tenant herewith deposits with Landlord the Security
Deposit as security for the performance by Tenant of every covenant and
condition of this Lease. Said Security Deposit may be mingled with other funds
of Landlord and shall bear no interest. If Tenant shall default with respect
to any covenant or condition of this Lease, Landlord may apply the whole or any
part of such Security Deposit to the payment of any sum in default, including
Rent and Additional Rent, or any sum which Landlord may be required to spend by
reason of Tenant's default. This includes, but is not limited to, applying the
Security Deposit first to any restoration, relamping, repairs and/or cleanup
costs necessary over and above normal wear and tear of the vacated space.
Should Landlord so apply the Security Deposit or any portion thereof during
the Lease Term, Tenant shall promptly reimburse Landlord for same. It is
understood that the Security Deposit is not to be considered as the last month's
rent. Should Tenant comply with all of the covenants and conditions of this
Lease, the Security Deposit or any balance thereof shall be returned to Tenant
within 30 days of the expiration of the Lease Term.
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ARTICLE V. LANDLORD'S RIGHTS AND OBLIGATIONS.
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5.1 Maintenance by Landlord. During the Lease Term, Landlord shall operate
and maintain the Common Area and shall keep and maintain the roof, exterior
walls (excluding doors, glass or plate glass), gutters and down spouts of the
Building/s in good condition and repair. Landlord shall be under no obligation
and shall not be liable for any failure to make repairs that are Landlord's
responsibility herein until and unless Tenant notifies Landlord in writing of
the necessity therefor, in which event Landlord shall have a reasonable time
thereafter to make such repairs. Landlord reserves the right to the exclusive
use of the roof and exterior walls of the Building/s which Landlord is so
obligated to maintain and repair. Landlord shall enter into a service contract
on the Building for the heating, ventilation and air condition equipment for
periodic inspection and service of such equipment, and Tenant shall reimburse
Landlord pursuant to the provisions hereof. If any portion of the Center which
Landlord is obligated to maintain or repair is damaged by the negligence of
Tenant, its agents, employees or invitees, then repairs necessitated by such
damage shall be paid for by Tenant. If the maintenance or repair is not made
necessary by the negligence of Tenant, its agents, employees or invitees, then
Tenant shall pay to Landlord, Tenant's Prorata Share (or Proportionate Share) of
such cost and expense.
5.2 Mortgage and Transfer; Estoppel Certificates. Landlord shall have the
right to transfer, mortgage, pledge or otherwise encumber, assign or convey, in
whole or in part, the Center, the Building/s, this Lease, and all or any part of
the rights now or thereafter existing therein and all Rents and amounts payable
to Landlord under the provisions hereof. In the event of any such transfer or
transfers, Landlord herein named (and in case of any subsequent transfer, the
then transferor) shall be automatically freed and relieved from and after the
date of such transfer of all personal liability as respects the performance of
any covenants or agreements on the part of Landlord contained in this Lease
thereafter to be performed. Nothing herein contained shall limit or restrict any
such rights, and the rights of the Tenant under this Lease shall be subject and
subordinate to all instruments executed and to be executed in connection with
the exercise of any such rights, including, but not limited to, the lien of any
mortgage, deed of trust, or security agreement now or hereafter placed upon
Landlord's interest in the Premises. This paragraph shall be self-operative.
However, Tenant covenants and agrees to execute and deliver upon demand such
further instruments subordinating this Lease to the lien, of any such mortgage,
deed of trust or security agreement as shall be requested by Xxxxxxxx and/or
mortgagee or proposed mortgagee or holder of any security agreement and hereby
irrevocably appoints Landlord as its agent and attorney-in-fact to execute and
deliver any such instrument for and in the name of Tenant. Tenant shall, within
ten (10) days after written request of Landlord, execute, acknowledge, and
deliver to Landlord or to Landlord's mortgagee, proposed mortgagee, Land Lessor
or proposed purchaser of the Center or any part thereof, any estoppel
certificates requested by Landlord from time to time, which estoppel
certificates shall show whether the lease is in full force and effect and
whether any changes may have been made to the original lease; whether the term
of the lease has commenced and full rental is accruing; whether there are any
defaults by Landlord and, if so, the nature of such defaults; whether possession
has been assumed and all improvements to be provided by Landlord have been
completed; and whether rent has been paid more than thirty (30) days in advance
and that there are no liens, charges or offsets against rental due or to become
due and that the address shown on such estoppel is accurate.
5.3 Landlord's Inability to Perform. If, by reason of: inability to obtain
and utilize labor, materials or supplies; circumstances directly or indirectly
the results of a state of war or national or local emergency; any laws, rules,
orders, regulations or requirements of any governmental authority now or
hereafter in force; strikes or riots; accident in, damage to or the making of
repairs, replacements or improvements to, the premises or any of the equipment
thereof; or by reason of any other cause beyond the reasonable control of the
Landlord including "Acts of God", Landlord shall be unable to perform or shall
be delayed in the performance of any covenant to supply any
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service, such nonperformance or delay in performance shall not render Landlord
liable in any respect for damages to either person or property, constitute a
total or partial eviction, constructive or otherwise, work an abatement of rent
or relieve Tenant from the fulfillment of any covenant or agreement contained
in this Lease.
5.4 Rights of Landlord. Landlord may enter upon the Premises for the purpose
of exercising any or all of the rights hereby reserved without being deemed
guilty of an eviction or disturbance of Tenant's use or possession and without
being liable in any manner to Tenant. The reservation of these rights by
Landlord shall not render Landlord liable for not performing any of the matters
specified herein.
5.4(a) Name of Center. To change the name of the Building/s or the
Center without notice or liability of the Landlord to Tenant;
5.4(b) Redecorate. During the last ninety (90) days of the Lease Term
or any renewal or extension thereof, if during or prior to that time the
Tenant has vacated the premises, to decorate, remodel, repair, alter or
otherwise prepare the Premises for reoccupancy;
5.4(c) Re-Lease. To exhibit the Premises to others and to display "For
Lease" signs on the Premises during the last one hundred eighty (180) days
of the Lease Term or any renewal or extension thereof:
5.4(d) Vehicles. To remove abandoned or unlicensed vehicles and
vehicles that are unreasonably interfering with the use of the parking lot
by others, and to charge the responsible tenant for the expense of
removing said vehicles;
5.4(e) Preservation of Center. To take any and all measures, including
making inspection, repairs alterations, additions and improvements to the
premises or to the Center as may be necessary or desirable for the safety,
protection or preservation of the Premiss or the Center or the Landlord's
interests, or as may be necessary or desirable in the operation of the
Premises or the Center.
ARTICLE VI. TENANT'S RIGHTS AND OBLIGATIONS.
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6.1 Acceptance of Premises. Landlord will complete the Premises in accordance
with Exhibit C, if attached hereto. Tenant acknowledges that it will examine
the Premises before taking possession hereunder. Unless Tenant furnishes
Landlord with a notice in writing specifying any defect in the construction or
condition of the Premises within thirty (30) days after taking possession, such
taking of possession shall be conclusive evidence as against Tenant that at
the time thereof the Premises were in good order and satisfactory condition.
6.2. Alterations and Additions. Tenant shall not make any alterations,
improvements, or additions to the Premises without the prior written consent
and approval of plans therefor by Landlord not to unreasonably withheld.
Alterations, improvements or additions made by either of the parties upon the
Premises, except moveable furniture and equipment placed in the Premises at the
expense of Tenant, shall be the property of Landlord and shall remain upon and
be surrendered with the Premises as a part thereof at the termination of this
lease, without disturbance, molestation, injury or damage unless Landlord
elects to require Tenant to remove such alterations or improvements from the
Premises at the expiration of this Lease. In the event damage shall be caused
by moving said furniture and equipment in or out of the Premises, said damage
shall be repaired at the cost of Tenant.
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6.3 Assignment and Subletting. Tenant shall not assign or hypothecate
this Lease or sublet all or any part of the Premises without the prior written
consent of Landlord not to be unreasonably withheld. If Tenant wishes to assign
or sublet the Premises, it shall give notice in writing (by certified mail or
by personal delivery) of such intention to Landlord and, thereupon, Landlord
shall, within thirty (30) days of receipt of such notice, have the right to
unilaterally terminate this Lease or to approve said subletting by written
notice to Tenant. If no notice is given by Landlord, Landlord will be deemed to
have elected to approve the assignment or subletting. If the assignment or
subletting is approved and rents under the sublease are greater than the rents
provided for herein, then Landlord shall have the further option either (a) to
convert the sublease to a prime Lease and receive all of the rents, in which
case Tenant will be relieved of further liability hereunder and under the
proposed sublease, or (b) to require Tenant to remain liable under this Lease,
in which event Tenant shall be entitled to retain such excess rents. If the
assignment or subletting is approved and rents under the sublease are less than
the rents provided for herein, Tenant shall remain liable under all the
covenants and conditions of this Lease. Landlord may withhold its consent to
any proposed assignee or subtenant which in Landlord's judgement (a) would
conflict with the tenancy, use or business of any other tenant or the tenant
mix of the Center, (b) has a net worth and/or credit history inferior to that
of Tenant, or (c) is currently a tenant or negotiating for space in the Center.
6.4 Locks. No additional locks or similar devices shall be attached to any
door or window without Landlord's prior written consent. No keys for any door
other than those provided by the Landlord shall be made. If more than two keys
for one lock are desired, the Landlord will provide the same upon payment by
the Tenant. All keys must be returned to Landlord at the expiration or
termination of the lease.
6.5 Maintenance by Xxxxxx. Tenant shall be responsible for all maintenance
and repair to the Premises of whatsoever kind or nature that is not herein set
forth specifically as the obligation of Landlord. Tenant shall take good care
of the Premises and fixtures, and keep them in good repair free from filth,
overloading, danger of fire or any pest or nuisance, repair any damage or
breakage done by Tenant or Tenant's agents, employees or invitees, including
damage done to the Building/s by Tenant's equipment or installations. Tenant
shall be responsible for the repair and replacement of all glass and plate
glass on the Premises. In the event Tenant fails to maintain the Premises as
provided for herein Landlord shall have the right, but not the obligation, to
perform such maintenance as is required of Tenant in which event Tenant shall
reimburse Landlord for its costs in providing such maintenance or repairs
together with a ten (10%) percent charge for Landlord's overhead and Tenant
shall promptly reimburse Landlord for the amount so billed to Tenant by
Landlord.
6.6 Mechanic's Lien. Tenant will not permit any mechanic's liens, or
other liens, to be placed upon the Premises, the Building/s or the Center during
the Lease Term or any extension or renewal thereof, and in case of the filing
of any such lien, Tenant will promptly pay same. Xxxxxx agrees to pay all legal
fees that might be incurred by Landlord because of any mechanic's liens being
placed upon the Premises, as a result of Tenant's actions.
6.7 Redelivery of Premises. No later than the last day of the Lease Term
(or any renewals or extensions thereof), Tenant will remove all Tenant's
personal property and repair all injury done by or in connection with
installation or removal of such property and surrender the premises broom clean
(together with all keys to the Premises) in as good a condition as they were in
at the beginning of the Lease Term, reasonable wear and tear excepted.
6.8 Signs and Advertisements. Tenant shall not put upon nor permit to be
put upon any part of the Premises, the Building/s or the Center, any signs,
billboards or advertisements whatever in any location or any form without the
prior written consent of Landlord. A charge of $50.00 per day per sign,
billboard or advertisement will be assessed against Tenant if Xxxxxx fails to
obtain the written consent of Landlord prior to placing any such signs.
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6.9 Use of Common Areas. Tenant shall not use any part of the Center
exterior to the Premises for outside storage. No trash, crates, pallets, or
refuse shall be permitted anywhere on the Center outside of the Building/s by
Tenant except in enclosed metal containers to be located as directed by
Landlord. Tenant shall not park any trucks or trailers, loaded or empty,
except in front of the loading areas.
6.10 Use of Premises. The Premises hereby leased shall be used by the
Tenant only for the Permitted Use of the Premises and for no other purposes.
Tenant shall, at Tenant's expense, comply promptly with all applicable
statutes, ordinances, rules, regulations, orders and requirements in effect
during the term or any part of the term hereof regulating the use by Tenant of
the Premises. Tenant shall not use or permit the use of the Premises in any
manner that will tend to create waste or a nuisance, or will tend to
unreasonably disturb such other tenants in the Center. Tenant, its employees
and all persons visiting or doing business with the Tenant in the Premises
shall be bound by and shall observe the Rules and Regulations attached to this
Lease, as Exhibit A, and such further and other reasonable rules and
regulations made hereafter by the Landlord relating to the Center or the
premises of which notice in writing shall be given to the Tenant and all such
rules and regulations shall be deemed to be incorporated into and form a part
of this Lease.
6.11 Hazardous Substances. Tenant shall not cause or permit to be released
(whether by way of uncapping, pouring, spilling, spraying, spreading,
attaching, or otherwise) into or onto the premises, or the Building/s, or the
Center, or the Common Areas (including the ground and ground water thereunder
and the sewer and drainage systems therein) any hazardous substances (as
defined or established from time to time by applicable local, state or federal
law). Tenant shall immediately notify Landlord if any such release occurs,
and, as to any such release that has been caused or permitted by Tenant: (I)
Tenant shall immediately and entirely remove such released hazardous substance,
and in a manner fully in compliance with all laws pertaining to the removal and
storage or deposit thereof; and (ii) Tenant hereby agrees to hold Landlord
harmless of and from any liability, public or private, resulting to Landlord as
a result of such release. Further, Tenant shall, upon Xxxxxxxx's demand and at
Xxxxxx's sole expense, demonstrate to Landlord (through such tests, professional
inspections, sampling or otherwise as is, in Landlord's sole judgment,
sufficient for the purpose) that Tenant has not caused or permitted any such
release of hazardous substances.
ARTICLE VII. INSURANCE.
7.1 Liability Insurance. Tenant covenants and agrees to maintain on the
Premises at all times during the Lease Term, or any extension or renewal
thereof, a policy or policies of comprehensive public liability and property
damage insurance with not less than $1,000,000.00 combined single limit for
both bodily injury and property damage.
7.2 Fire and Extended Coverage Insurance. Landlord shall, throughout the
Lease Term, or any extension or renewal thereof, maintain fire and extended
coverage (FEC) insurance on the property owned by landlord located on the
Center in such amounts and with such deductibles as Landlord shall determine.
Landlord shall not in any way or manner insure any property of Tenant or any
property that may be in the Premise not owned by Landlord. Tenant shall comply
with all insurance regulations so that the lowest fire, lightning, explosion,
extended coverage and liability insurance rates may be obtained; and nothing
shall be done or kept in or on the Premises by Tenant which will cause an
increase in the premium for any such insurance on the Premises or on any
Building/s of which the Premises are a part or on any contents located therein,
over the rate usually obtained for the proper use of the Premises permitted by
this lease or which will cause cancellation of any such insurance.
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7.3 Indemnification of Landlord. Tenant shall indemnify Landlord and save
Landlord harmless from and against any and all loss (including loss of rentals
payable by Tenant or other tenants) and against all claims, actions, damages,
liability and expenses in connection with loss of life, bodily and personal
injury or damage to property arising from any occurrence in, upon or at the
Premises or any part thereof, or occasioned wholly or in part by any act or
omission of Tenant, or by anyone permitted to be on the Premises by Tenant,
except for any occurrence caused by Xxxxxxxx's negligence or willful
misconduct. Tenant assumes all risk of and Landlord shall not be liable for
injury to person or damage to property resulting from the conditions of the
Premises or from the bursting or leaking of any and all pipes, utility lines,
connections, or air conditioning or heating equipment in, on or about the
premises, or from water, rain or snow which may leak into, issue or flow from
any part of the Building/s. Xxxxxx agrees, at all times, to indemnify and hold
Landlord harmless against all actions, claims, demands, costs, damages, or
expenses of any kind which may be brought or made against Landlord or which
Landlord may pay or incur by reason of Tenant's occupancy of the Premises or
its negligent performance of or failure to perform any of its obligations
under this Lease. In case Landlord shall, without fault on its part, be made a
party to any litigation commenced by or against Tenant, then Tenant shall
protect and hold Landlord harmless and shall pay all costs, expenses and
reasonable attorney's fees incurred or paid by Landlord in connection with
such litigation.
ARTICLE VIII. EMINENT DOMAIN AND DAMAGE OR DESTRUCTION.
8.1 EMINENT DOMAIN. In the event that title to the whole or substantial part
of the Premises shall be lawfully condemned or taken in any manner for any
public or quasi-public use, this lease and the term and estate hereby granted
shall forthwith cease and terminate as of the date of vesting of title and
Landlord shall be entitled to receive the entire award, Tenant hereby assigning
to Landlord the Tenant's interest therein, if any. However, nothing herein
shall be deemed to give Landlord any interest in or to require Tenant to assign
to Landlord any award made to Tenant for the taking of personal property or
fixtures belonging to tenant or for the interruption of public or quasi-public
authority under threat of condemnation shall constitute a taking by eminent
domain. In the event that title to a part of the Building/s other than the
Premises shall be so condemned or taken, Landlord may terminate this lease and
the term and estate hereby granted by notifying Tenant of such termination
within sixty (60) days following the date of vesting of title, and this lease
and the term and estate hereby granted shall expire on the date specified in
the notice of termination, not less than sixty (60) days after the giving of
such notice, as fully and completely as if such date were the date herein set
for the expiration of the Lease Term, and the Rent hereunder shall be
apportioned as of such date. In the event of any condemnation or taking of any
portion of the parking area of the Center, which does not result in a reduction
of the parking area by more than twenty percent (205), the terms of this lease
shall continue in full force and effect. If more than twenty percent (20%) of
the parking area is taken, either party shall have the right to terminate this
lease upon giving written notice to the other party within thirty (30) days of
such taking.
8.2 DAMAGE OR DESTRUCTION. If the Premises, the Building/s or the Center or
any part thereof is damaged by fire or other casualty, cause or condition
whatsoever and Landlord shall determine not to restore said Premises,
Building/s or Center, Landlord may, by written notice to Tenant given within
sixty (60) days after such damage, terminate this Lease. Such termination
shall become effective as of the date of the damage. If this Lease is not
terminated as above provided and if the Premises are made partially or wholly
untenantable, landlord, at its expense, shall restore the same with
reasonable promptness to the condition in which Landlord furnished the Premises
to Tenant at the commencement of the Lease Term as to those items that were
provided to the Premises at Landlord's expense without any reimbursement by
Tenant. Landlord shall be under no obligation to restore any alteration,
improvements or additions to the premises made by Tenant or paid for by Tenant,
including, but not limited to, any of the initial tenant finish done or paid
for by Tenant or any subsequent changes, alterations or additions made by
Tenant or reimbursed by Xxxxxx.
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If, as a result of fire or other casualty, cause or condition whatsoever the
Premises are made partially or wholly untenantable and, if Landlord has not
given the sixty (60) day notice above provided for and fails within one hundred
twenty (120) days after such damage occurs to eliminate substantial
interference with Xxxxxx's use of said Premises or substantially to restore
said Xxxxxxxx, Tenant may terminate this Lease after the end of said one
hundred twenty (120) days, effective as of the date such damage occurs, by
notice to Landlord given not later than ten (10) days after expiration of said
one hundred twenty (120) days period. If the Premises are rendered totally
untenantable but this Lease is not terminated, all rent shall xxxxx from the
date of the fire or other relevant cause or condition until the Premises are
ready for occupancy and reasonably accessible to Tenant. If a portion of the
Premises is untenantable, rent shall be prorated on a per diem basis and
apportioned in accordance with the portion of the Premises which is usable by
the Tenant until the damaged part is ready for the Tenant's occupancy. In all
cases, due allowance shall be made for reasonable delay caused by adjustment of
insurance loss, strikes, labor difficulties or any cause beyond Landlord's
reasonable control. For the purposes of this Lease, said Premises shall be
considered tenantable so long as and to the extent that the Premises are
occupied. In any event, Tenant shall be responsible for the removal, or
restoration, when applicable, of all its damaged property and debris from the
Premises, upon request by Landlord or else Tenant must reimburse Landlord for
the cost of removal.
ARTICLE IX. DEFAULT AND REMEDIES.
9.1 Events of Default. The occurrence of any one or more of the following
events shall constitute a Default and material breach of this Lease by Tenant:
9.1(a) Nonpayment. Failure of Tenant to pay any installment of Rent or
other sum payable to Landlord hereunder on the date that same is due and
such failure shall continue for a period of five (5) days; or
9.1(b) Noncompliance. Failure of Tenant to comply with any term,
condition or covenant of this Lease, other than the payment of Rent or
other sum of money, and such failure shall not be cured within ten (10)
days after written notice thereof has been delivered by Landlord to
Tenant; or
9.1(c) Insolvency or Transfer. Insolvency, the making of a transfer in
fraud of creditors or the making of an assignment for the benefit of
creditors by Xxxxxx or any guarantor of Tenant's obligation; or
9.1(d) Bankruptcy. The filing by or against Tenant or any guarantor of
Tenant's obligations hereunder of a petition in bankruptcy or for
liquidation, or adjudication as a bankrupt or insolvent in proceedings
filed by or against Tenant or such guarantor; or
9.1(e) Receiver. Appointment of receiver or trustee for all or
substantially all of the assets of Tenant or any guarantor of Tenant's
obligations hereunder; or
9.1(f) Abandonment. Abandonment by Tenant of any substantial portion of
the Premises or cessation of use of the Premises for the purpose
leased.
9.2 Remedies. In the event of the occurrence of any Default, Landlord shall
have the right, without further notice to or demand upon Tenant and without
being liable to Tenant for any damages or to any prosecution therefor, to do
any and all of the following:
9.2(a) Repossession and Sale. Re-enter and take exclusive possession
of the Premises with or without force or legal process, refuse to allow
Tenant to enter the same or have possession thereof, change the locks on
the doors to the
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Premises, take possession of any furniture or fixtures or other property in or
upon the Premises sell the same at public or private sale without notice and
apply the proceeds thereof to the costs of sale, payment of damages and payment
of all sums owing under this Lease; and/or
9.2(b) Releasing. Relet the Premises as agent of Tenant for the balance
of the term of this Lease or for a shorter or longer term and receive
the rents therefor, applying them first to the payment of the expense of
such reletting and, second, to the payment of damages suffered to the
Premises, and third to all sums due and to become due under this Lease,
Tenant remaining liable for and hereby agreeing to pay Landlord any
deficiency; and/or
9.2(c) Cancellation. Cancel and terminate the remaining term of this
Lease, and re-enter and take possession of the Premises free of this
Lease. Thereafter this Lease shall be null and void and the Rent in such
case shall be apportioned and paid on and up to the date of such entry.
Thereafter both parties shall be released and relieved from and of any
and all obligations thereafter to accrue hereunder. Tenant shall be
liable for all loss and damage resulting from such breach or default;
and/or
9.2(d) Anticipatory Breach. Treat such default as an anticipatory
breach of this Lease and, as liquidated damages for such default, be
entitled to the difference, if any, between the sum which, at the time
of termination for anticipatory breach represents the then present worth
(computed at ten percent (10%) per year) of the excess aggregate rents
and additional rents payable hereunder that would have accrued over the
balance of the Lease Term (including renewals) had such term not been
prematurely terminated, over the aggregate market rental value of the
Premises over the term (including renewals) that the Lease would have
run had it not been prematurely terminated; and/or
9.3 Remedies Cumulative. All rights and remedies expressly provided in this
Lease for Landlord's and Xxxxxx's protection shall be cumulative as to each
other and of any other rights and remedies provided hereunder or by law.
9.4 No Waiver. A waiver by Landlord of a breach or default by Tenant under
the terms and conditions of this Lease shall not be construed to be a waiver of
any subsequent breach or default or of any other or the same term or condition
of this Lease, and the failure of Landlord to assert any breach or to declare a
default by Tenant shall not be construed to constitute a waiver thereof so long
as such breach or default continues unremedied.
ARTICLE X. MISCELLANEOUS
10.1 Bankruptcy or Assignment to Trustee. Neither this Lease nor any interest
therein nor any estate hereby created shall pass to any trustee or receiver in
bankruptcy or to any other receiver or assignee for the benefit of creditors or
otherwise by operation of law during the term of this Lease or any renewal
thereof.
10.2 Brokers. Except as may be expressly set forth to the contrary in the
Rider, each party represents to the other that no person, firm, corporation or
other entity is entitled to any brokerage commission or finder's fee on account
of the execution, delivery, and consummation of this Lease. Tenant hereby agrees
to indemnify Landlord and to hold Landlord free and harmless of and from any
and all claims, losses, damages, costs and expenses of whatsoever nature,
including attorneys' fees and costs of litigation arising from or relating to
any brokerage commissions or finder's fees incurred by Tenant in connection
with this Lease.
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10.3 Captions. The captions used throughout this Lease are for convenience and
reference only and shall in no way be held to explain, modify, amplify, or aid
in the interpretation, construction or meaning of any provisions in this Lease.
10.4 Certificates of Occupancy. Tenant may, prior to the commencement of the
Lease Term, apply for a certificate of occupancy to be issued by the
municipality in which the Premises are located, but this Lease shall not be
contingent on issuance thereof.
10.5 Entire Agreement. This Lease including its Exhibits and Rider, if any,
contains the entire agreement between the parties and no modification of this
lease shall be binding upon the parties unless evidenced by an agreement in
writing signed by Landlord and Tenant after the date hereof.
10.6 Joint and Several Liability of Multiple Tenants. If there be more than one
Tenant named herein, the provisions of this Lease shall be applicable to and
binding upon such Tenants jointly and severally.
10.7 Notices. Except as otherwise herein provided, whenever by the terms of
this Lease notice shall or may be given either to Landlord or to Tenant, such
notice shall be in writing and shall be deemed to have been properly delivered
if sent by certified mail, return receipt requested, postage prepaid, to
Landlord at Landlord's Address and to Tenant at the Premises, or to such other
place as Landlord or Tenant may designate in writing. The date of mailing shall
be deemed the date of delivery.
10.8 Partial Invalidity. If any term, covenant, condition or provision of this
Lease or the application thereof to any person or circumstances shall, to any
extent be invalid, unenforceable or violate a party's legal rights, then such
term, covenant, condition or provision shall be deemed to be null and void and
unenforceable, however, all other provisions of this Lease, or the application
of such term or provision to persons or circumstances other than those which
are held invalid, unenforceable or violative of legal rights, shall not be
affected thereby, and each and every other term, condition, covenant and
provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
10.9 Recording. This lease shall not be recorded by either party without the
written consent of the other.
10.10 Successors. The agreements, covenants and conditions of this Lease shall
be binding upon and inure to the benefit of the heirs, legal representatives,
successors and assigns of each of the parties hereto, except that no
assignment, encumbrance or subletting by Tenant, unless permitted by the
provisions of lease, without the written consent of Landlord shall vest any
right in the assignee, encumbrances or sublessee of Tenant.
10.11 Use of the Singular; Gender. The terms "Landlord" and "Tenant", and
pronouns representing the same, wherever used herein shall include the plural
as well as the singular, the feminine as well as the masculine.
10.12 Addendum. An Addendum, attached as Exhibit "C" consisting of 2 Pages,
with paragraphs numbered 1 through 2 Consecutively, is attached hereto and made
a part hereof.
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IN WITNESS WHEREOF, the parties have executed this Lease as of the date
xxxxxxxxxxx stated.
LANDLORD:
GENERAL AMERICAN LIFE INSURANCE
COMPANY, a Missouri Corporation
BY: /s/ [ILLEGIBLE] V.P. REAL ESTATE
----------------------------------
as representative
TENANT:
GRANITE FINANCIAL, INC., a Delaware
corporation
BY: /s/ XXXXX X. XXXXX
----------------------------------
ITS: President/ COO
---------------------------------
BY:
----------------------------------
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EXHIBIT A
RULES AND REGULATIONS
1. Signs. Tenant shall not inscribe any inscription or post, place, or in
any manner display any sign, notice, picture, placard or advertising
matter whatsoever anywhere in or about Premises at places visible
(either directly or indirectly as an outline or shadow on a glass pane)
from anywhere outside the Premises or from public and common areas
within Premises without first obtaining Landlord's written consent
thereto and landlord shall specify the color, size, style and material
to be used.
2. Showcases. No showcase shall be placed in front of or in the lobbies or
corridors of the Premises and Landlord reserves the right to remove all
showcases so placed and all signs other than those above provided for,
without notice and at the expense of the tenant responsible.
3. Installation of Signs. All exterior and interior signs must be
installed by Landlord or someone designated by Landlord and the actual
cost thereof shall be paid by Tenant and all such signs are so placed at
the risk of Tenant.
4. Telephone Connections. If Tenant desires telegraphic, cable television,
or telephone connections, Landlord will direct electricians where the
wires are to be introduced and without such direction no boring or
cutting for wires shall be permitted.
5. Submission of Plans. Tenant shall submit to Landlord for Landlord's
approval, a copy of its construction and equipment layout plan prior to
commencement of construction. In the event that Xxxxxx is unable to
obtain landlord's approval for said plans and layout, this Lease shall
at Tenant's sole option be deemed null and void and any amounts paid by
Tenant to Landlord pursuant to this Lease shall be reimbursed to Tenant
without offset.
6. No Nuisances. Tenant shall not do or permit anything to be done in the
Premises which will be dangerous to life, or limb, or which will tend
to create a nuisance or injure the reputation of the Building/s. Tenant
shall not use burning fluid, camphene, alcohol, kerosene, or anything
else in order to light or heat the Premises except steam, gas or
electricity. Tenant shall not bring into the Premises or keep therein
any heating or lighting apparatus other than that provided by landlord;
or install any air conditioning or air cooling apparatus without the
written consent of Landlord; or in any way injure, modify, or tamper
with any of such apparatus in any manner or in any manner in violation
of the regulations of the Fire Department, or with any insurance policy
upon said Building/s or any part thereof. Tenant shall not do or
permit to be done in the Premises any activity in conflict with any of
the laws, rules or regulations of any governmental agency or
municipality purpose. No beer, wine or intoxicating liquor shall be sold
on or about the Premises without the written consent of Landlord in each
instance.
7. Passageways. The sidewalk, passages, lobbies, corridors, elevators and
stairways shall not be obstructed by Tenant; or used except for ingress
and egress from and to the Premises. The doors, skylights, windows and
transoms that reflect or admit light into passageways or into any place
in said Building/s, shall not be covered or obstructed by Tenant.
8. Water Closets. The water closets and other apparatus shall not be used
for any purpose other than those for which were constructed, and no
sweepings, rubbish, rags or other substances shall be thrown therein.
Any damage resulting to them from misuse shall be borne by the tenant
who shall cause is.
9. No Defacing or Offensive Business. Tenant and its employees and guests
are not to injure or deface the Building/s nor the woodwork, nor the
walls of the Premises, nor to carry on upon the premises any noisome,
noxious,
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noisy or offensive business nor conduct an auction therein, nor
interfere in anyway with other tenants or those having business with
them.
10. No Lodging. No room or rooms on or about the Premises shall be
occupied or uses as sleeping or lodging apartments.
11. Lock all Doors. Tenant shall, when leaving Premises at close of
business, or unoccupied at any time, lock all doors and windows and
for any default or carelessness in this respect shall make good all
injury sustained by other tenants and by Landlord or by either of
them, for damages resulting from such default or carelessness.
12. No Animals. No animal or bird shall be allowed in any part of the
Premises or Building/s without the consent of the Landlord.
13. No Accumulation of Rubbish. Tenant shall not accumulate or store on or
about the Premises any waste paper, discarded records, paper files,
sweepings, rags, rubbish or other combustible matter other than the
normal accumulation needed to conduct the Permitted Use of the
Premises. Nothing shall be thrown by Tenant, its employees or guests,
out of the windows or doors or down the passages or skylights or over
balcony rails of the Building/s or in the parking areas.
14. Exclusion of Peace Disturbers. Landlord reserves the right to exclude
from the Premises or Building/s all drunken persons, idlers, diseased
persons, peddlers, solicitors, persons of a general character or
conduct so as to create a disturbance, and persons entering in crowds
or in such unusual numbers as to cause inconvenience to tenants of
the Building/s.
15. Changes to Rules. Landlord reserves the right to change these rules
and to make such other and further reasonable rules and regulations
either as it affects one or all tenants as in its judgment may from
time to time be needed for the safety, care and cleanliness of the
Center, for the preservation of good order therein or for any other
cause. When such changes are made such modified or new rules shall be
deemed a part hereof with the same effect as if written herein, when
a copy shall have been delivered to Tenant or left with some person
in charge of the Premises.
16. No Live Christmas Trees. No live or fresh cut Christmas Trees are
permitted on or about the Premises.
17. No Picnics. No outside picnics or barbecues are permitted without the
prior written consent of Landlord.
18. No Outside Storage. No outside storage of any material is permitted.
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EXHIBIT "B"
[MAP]
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EXHIBIT "C" - ADDENDUM TO LEASE
DATED JUNE 6, 1997 By and Between
GENERAL AMERICAN LIFE INSURANCE COMPANY, AS LANDLORD
GRANITE FINANCIAL, INC., AS TENANT
1) BASE RENT - Base rent shall be $8.20 per square foot, escalating at the
rate of 3.0% per year for 5 years as shown on the rent schedule as follows:
Rent per SF Rent per Month Rent per Year
Base Rent Year 1 $8.20 $ 8,938.00 $107,256.00
Base Rent Year 2 $8.45 $ 9,210.50 $110,526.00
Base Rent Year 3 $8.70 $ 9,483.00 $113,796.00
Base Rent Year 4 $8.96 $ 9,766.40 $117,196.80
Base Rent Year 5 $9.23 $10,060.70 $120,728.40
2) TENANT IMPROVEMENT ALLOWANCE - Landlord shall provide a total
allowance of up to $209,280.00 for tenant improvements ("TI"). Of the total
allowance, $104,640.00 is included in the base rent as stated above. The
balance, or $104, 640.00 shall be amortized in monthly payments over the term
of the lease at the annual rate of 12% and added to the base rent as follows:
