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Res 1997-185
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Res 1997-185
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6/12/2007 3:02:57 PM
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6/12/2007 3:02:57 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-185
Date
11/24/1997
Volume Book
131
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<br /> F. All additional work undertaken by Tenant shall be awarded to one of Landlord's pre- <br /> qualified finish out contractors unless, before any construction begins, Tenant chooses and receives <br /> Landlord's written approval to use a different contractor. <br /> G. Upon the request of Landlord, Tenant shall furnish Landlord with true and correct copies <br /> of fully executed and notarized Releases of Lien and Affidavits of Bills Paid from any and all contractors <br /> performing work for Tenant on Tenant's space. <br /> H. Tenant shall procure, at its sole expense, a professionally designed and manufactured <br /> exterior sign bearing Tenant's trade name or principle type of business as further described in Exhibit <br /> "C" attached hereto and made part hereof. Said signage is subject to Landlord's approval prior to <br /> fabrication and must be installed within forty-five (45) days of the execution date of this lease. Further, <br /> it will be Tenant's sole responsibility and at Tenant's sole expense to keep said signage in good <br /> condition and proper operating order at all times. Additionally, all signs, lettering, placards, decorations, <br /> window treatments, drapes, blinds, shades, solar film, temporary and/or permanent advertising media <br /> shall conform in all respects to the sign criteria and storefront criteria established by Landlord prior to <br /> installation as to construction, method of attachment, size, shape, height, lighting, color, and general <br /> appearance. All signs shall be kept in good condition and in proper operating order at all times. <br /> I. All fees and/or deposits, meters or other measuring devises associated or required in <br /> conjunction with utility services, sign age, and other work not specified herein above shall be the sole <br /> responsibility of Tenant and at Tenant's sole expense. <br /> J. Upon full completion by Tenant of all improvements to Landlord's satisfaction in accordance <br /> with the approved plans, Landlord shall pay to Tenant (or Tenant and the general contractor and/or one <br /> or more subcontractors) as an "Allowance", the lesser of (i) Tenant's actual "Building Improvement <br /> Costs" as hereinafter defined or (ii) the sum of $ 12,232.00 (based upon $ 8.00 per square foot <br /> multiplied by 1,529 square feet) to be used towards Building Improvement Costs with respect to the <br /> Demised Premises, provided that Tenant has furnished to Landlord the following (on forms to be <br /> furnished by Landlord where applicable): <br /> a. A photocopy of the Certificate of Occupancy (or other certificates evidencing inspection and <br /> acceptance of all of Tenant's construction) as issued by the appropriate government authorities; <br /> b. A copy of Tenant's contract with the general contractor performing such work; <br /> c. Tenant's affidavit that such construction has been completed to its satisfaction and in strict <br /> accordance with Exhibit "A", which affidavit shall also state the total Building Improvement Costs <br /> itemized in reasonable detail, including state sales tax paid, if applicable; <br /> d. General Contractor's Affidavit and Lien Waiver with respect to the Demised Premises and <br /> Shopping Center executed by the general contractor(s) performing such work stating that <br /> construction has been fully completed in accordance with Exhibit "A. and that all subcontractors, <br /> laborers, and material suppliers engaged in or supplying material for such work have been paid <br /> in full; <br /> e. Subcontractor's Lien Waiver with respect to the Demised Premises and Shopping Center <br /> executed by all subcontractors and materialmen who shall have furnished labor and/or materials <br /> for work; <br /> 1. Notice from Tenant to Landlord that Tenant has opened for business at the Demised <br /> Premises and execution by Tenant and delivery to Landlord of an estoppel letter (form provided <br /> by Landlord and forwarded to Tenant at a later date) indicating the Commencement Date and <br /> Termination Date of the lease; <br /> g. Delivery to Landlord of certificates or duplicate originals of all insurance which Tenant is <br /> required to carry under the terms of the lease; <br /> h. Execution by Tenant and delivery to Landlord or any Uniform Commercial Code (UCC) <br /> Financing Statements required under the lease; and <br /> i. Payment by Tenant to Landlord of such Minimum Rent and other sums as shall have come <br /> due between the Commencement Date of the lease term and the date upon which Tenant makes <br /> application for payment of its allowance (but in all events, not less than Minimum Rent for the <br /> first month of the lease term). <br /> K. Building Improvement Costs shall be defined as those costs associated with interior <br /> construction work performed upon tho Demised Promises. Such interior construction work shall includo <br /> permanent, non-removable alterations and improvements made to tho Demisod ProwJFfIÃEut shall not <br /> include any of Tenant's trade fixtures, furniture, equipment, or Inventory. <br /> ~ <br /> Page 2 01 2 a.- <br />
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