Res 1999-203 - Laserfiche WebLink

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Lessor may temporarily close all or a portion of Common Areas if needed to perform repairs or maintenance. Nothing in this Lease shall be constfued to mean that the Common Areas, or any part thereof, are a part of the Premises. 10. Common Area Maintenance. Lessee agrees during the Tefm of this Lease, or any extension thereof, to contribute monthly on the same day as the Rent becomes due hereunder, its Pro Rata Share of the Common Area Maintenance Costs (as hereinafter defined). The sum to be contributed shall be determined by Lessor from time to time and shall be the Lessor's best estimate of the actual expenses for these services. The phrase "Common Area Maintenance Costs" shall mean, for each calendar year (or portion thereof) during the term of this Lease, the aggregate of all costs, expenses and liabilities of every kind or nature paid or incurred by Lessor (to the extent that Lessof, in its good faith judgment, regards it as reasonably necessary or appropriate to provide the services and materials hefeafter referred to and to pay and incur the costs, expenses and liabilities hereafter feferred to) in connection with: Sweeping, cleaning, removing debris from, maintaining, restriping and repairing the Common Areas; lighting the Common Areas (including replacement of bulbs and ballasts, and painting, repairing and maintaining of light standards); providing project identification signs; providing signs and/or personnel for assisting in traffic control and management at the Common Areas; constructing, operating and repairing and maintaining anyon-site or off-site utilities necessary or appropriate for the operation of the Common Areas; providing and maintaining planting and landscaping with fespect to the Common Areas; providing security services with fespect to the Common Areas; operating any loudspeakers or other equipment supplying music; utilities charges for any services to the Common Areas; repair, rental costs for and depreciation of equipment used in the opefation and maintenance of the Common Areas; repairing and maintaining utility lines located in the Common Areas which do not exclusively serve one tenant in the Shopping Center; exterminating and pest control in and about the Premises and Shopping Center; periodic repainting of exterior walls of the buildings comprising a portion of the Shopping Center (including steam cleaning or sandblasting thereof or other graffiti-removal procedures); repairing and maintaining overhead canopies at the Shopping Center (including, without limitation, lighting and tiles); repairing and maintaining sprinklers and sprinkler-risers serving the Premises, the building of which they are a part and the Common Areas; repairing and maintaining sidewalks in the Common Areas (including, without limitation, periodic steam cleaning thereof); plus other costs and relative to operating, managing and equipping the Common Areas, including, without limitation, subdivision maintenance fees or dues; property owners association fees or dues and similar charges, plus an administfative fee of fifteen percent (15%) of the aggregate of all of the aforesaid costs and expenses and liabilities paid Of incurred by Lessof. Lessee further agrees that if any deficiency in the fund created for Common Area Maintenance Costs shall occur or the budgeted contribution amount needs to be changed, in the sole determination and discfetion of Lessor, Lessee shall pay its Pro Rata Share of such deficiency or budgeted amount within ten (10) days of presentment of notice. Any excess in such fund shall be refunded annually to Lessee. Lessor shall, upon written request, present to Lessee a statement itemizing all Common Area Maintenance Costs and the calculation by which the Lessee's share of any deficiency was determined. Lessor shall keep complete books and records on such costs and Lessee shall have the right, at its expense, to inspect, audit and copy from such books and records upon reasonable advance notice during business hours. 11. Maintenance and Repairs. Lessee agrees that its acceptance of the Premises by commencing occupancy thereof shall constitute Lessee's agreement and acknowledgment that the Premises afe in good condition and Lessor has completed any construction required to be performed by Lessor hereunder. Lessor agrees to maintain at its own cost and expense the exterior walls (excluding plate glass windows and doors), foundations, roof, gutters and downspouts, and structural elements of the 5 Lessee~ Lessor