Laserfiche WebLink
<br /> -2- <br /> A USE IN COMMON WITH OTHERS <br /> -r. <br /> The premises are to be located as approved by the parties and <br /> shown in red on the plot plan attached hereto as Exhibit "A". LESSOR <br /> agrees that the use and occupancy by the LESSEE of the premises shall <br /> include the use in common wi th others entitled thereto of the common <br /> areas, employees I parking areas, service roads, loading facilities, <br /> sidewalks, customers I parking areas, all as shown on Exhibit "A", <br /> subject, however, to the terms and conditions hereinafter set forth. <br /> LESSEE shall also have parking rights on the parking lots to the North <br /> and East of the subject center, which parking areas are a part of the <br /> Springtown Center which is also owned by LESSOR. <br /> 5. CONSTRUCTION <br /> The LESSOR agrees to cause construction of the premises in <br /> accordance with Exhibit "C", attached hereto and made a part hereof for <br /> all purposes. The leased premises which shall be provided are shown on <br /> the attached Exhibit "C", and LESSEE accepts such premises only as <br /> constructed and provided pursuant to the plans and specifications on <br /> said Exhibit "C". <br /> The LESSOR agrees that, at the option of the LESSEE, this lease <br /> shall become null and void if construction of the premises is not <br /> completed and ready for occupancy on or before February 1, 1985, causes <br /> or conditions beyond the control of LESSOR only, excepted; provided, <br /> however, that if the premises are not ready for occupancy on or before <br /> February 1, 1985, irrespective of cause, and irrespective of whether <br /> such cause is beyond the control of LESSOR, LESSEE, in its sole <br /> discretion is hereby granted the option to cancel and terminate this <br /> lease-. <br /> The LESSOR covenants that the premises to be constructed shall, at <br /> the co~~encement of the term hereof, be structurally sound and in good <br /> tenantable condition and that there shall be no latent defects therein. <br /> LESSOR further covenants that if defects therein become apparent at any <br /> time during this lease, and if such defects existed at the beginning of <br /> the term thereof, LESSOR shall cause the same to be repaired and <br /> corrected with all reasonable speed, so that the same will be in good <br /> tenantable condition. The premises shall be completed in every <br /> respect; in accordance with Exhibit "c" attached hereto. <br /> 6. TERM <br /> The LESSOR agrees to, and does hereby, lease the premises to the <br /> LESSEE for an original term of five years, commencing on the first <br /> business day after remodelling is completed on the leased premises. In <br /> no even t shall the opening date for business be more than ten days <br /> following the day when the construction of the premises is completed in <br /> accordance with the terms of this agreement. The commencement date of <br /> the term shall be endorsed as hereinafter provided, and the lease term <br /> sha 11 terminate at 12:01 a.m. on the last day of the five year term <br /> thereafter, or upon 30 days notice to LESSOR by LESSEE in the event <br /> that state funding for the WIC program is discontinued, whichever is <br /> sooner. <br /> 7. RENEWAL <br /> It is further agreed that, at the expiration of the original term, <br /> the LESSEE shall have the right, exercisable at its sole. option, to <br /> extend this lease for one additional term of five years. The LESSOR <br /> shall be notified of the LESSEE'S intent to exercise such option at <br /> least six (6) months prior to the end of the then current term. It is <br /> further agreed that LESSEE shall have the right, at its sole option, to <br /> extend this lease for an additional term not exceeding five (5) years, <br /> if necessary, to permit reconstruction and repair of the premises after <br /> its damage or destruction, in accordance with the provisions of <br /> paragraph 19 hereof. <br />