Res 1997-185 - Laserfiche WebLink

Home Browse Search

EXHIBIT "A" AS-IS PLUS ALLOWANCE I. ACCEPTANCE OF PREMISES AND COMMENCEMENT DATE A. Tenant acknowledges that he has thoroughly inspected the Demised Premises, whose location is shown and outlined on the plan attached hereto as Exhibit "0", and hereby accepts the Demised Premises in "As-Is" condition. B. Tenant agrees to open the Demised Premises to the public for business within thirty (30) days after the date of execution of this lease during which time Tenant will install its trade fixtures, furniture, inventory, and equipment. The "Commencement Date" of this lease shall be the date thirty (30) days after the date of execution or on the date upon which Tenant opens for business in the Demised Premises, whichever occurs first. Occupancy of the Demised Premises by Tenant prior to the Commencement Date shall be subject to all of the terms and provisions of this lease excepting only those requiring the payment of rent. Landlord and Tenant each agree that at the request of either they will, following the Commencement Date, execute and deliver a recordable short form lease containing the basic provisions of the Premises in "as is" condition as provided in this lease and reciting the exact Commencement Date and Termination Date of this lease. C. Tenant agrees to participate in a joint opening of the Shopping Center if requested to do so by Landlord. D. Landlord makes no warranties, expressed or implied, representations or agreements regarding the condition, quality suitability or serviceability of the Demised Premises' interior or related mechanical and electrical equipment. It is understood that Tenant shall pay for any and all repairs, remodeling, or replacement within or about the Demised Premises which Tenant deems necessary. Under no circumstances will such repairs and/or remodeling be performed by Tenant or Tenant's agents prior to giving notice to Landlord, in detail, of the intended improvements and/or repairs to be performed within or for the Demised Premises and Landlord has acknowledged, in writing, his approval of same. II. ADDITIONAL ARCHITECTURAL AND CONSTRUCTION WORK A. Tenant shall secure Landlord's written approval of all designs, plans, materials, methods of installation, specifications and contracts for any additional work to be performed by Landlord or Tenant or their agents within or for the Demised Premises before beginning any such work. The party performing the approved work shall secure all necessary licenses and required permits prior to performing such work. Tenant's finished work shall be subject to Landlord's approval and acceptance. B. Tenant shall, in conjunction with submitting the aforementioned designs, plans, materials, methods of installation, specifications and contracts for additional work, place with Landlord, in the form of cash, money order, or cashier's check, a construction deposit equal to two dollars ($2.00) per square foot of the Demised Premises. Said deposit is to be fully refunded upon the completion of Tenant's additional work to Landlord's complete satisfaction. However, should Tenant's additional finish work not be performed to Landlord's complete satisfaction and Tenant does not remedy any defects conveyed to him in wording by Landlord within a reasonable period of time, Landlord shall have the right to cause such remedies and the cost of same shall be deducted from the construction deposit. Upon the completion of all additional finish work to Landlord's satisfaction, all remaining construction deposit funds will be refunded to Tenant. C. All utility service fees or meter deposits required for the operation of the Demised Premises shall be the sole responsibility of the Tenant and at Tenant's sole expense. D. All additional work done by Tenant or Tenant's agents shall be the sole responsibility of Tenant and at Tenant's sole expense. Said additional work shall not damage any existing lease space, the Shell Building, or any parts thereof. E. All roof penetrations shall be performed only by Landlord's specified roofer and shall be effected only after Landlord has given prior written consent, which consent shall, in part, be conditioned upon Tenant's submitted plans. Said plans should include materials and methods of installation acceptable to Landlord with regard to all rooftop equipment, specifically, but not limited to, the make, the model, and the weight of all such rooftop equipment to be installed. Page 1 of 2 \N\T\AL It. - - ~ - -