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Agenda - 01-21-20 8-l - Lease of 308 W. Franklin Street and Suite 101 at the Europa Center, and Approval of Budget Amendment #4-C
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Agenda - 01-21-20 8-l - Lease of 308 W. Franklin Street and Suite 101 at the Europa Center, and Approval of Budget Amendment #4-C
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BOCC
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1/21/2020
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Business
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Advisory Bd. Minutes
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31 <br /> (v) Landlord shall provide Tenant with a statement showing actual Operating Expenses within 90 <br /> days after the end of each comparison year. Balance due, if any, shall be paid in full by Tenant within 30 days <br /> of receipt. If in the twelve-month period preceding the computation of each Operating Expense Adjustment, <br /> the occupancy of the net Rentable Square Feet of the Building averages less than ninety-five percent(95%), <br /> then it is agreed that the Landlord's Operating Expenses will be adjusted for such year so that such Operating <br /> Expenses shall be computed as though the net Rentable Square Feet of the Building has been ninety-five <br /> percent(95%) occupied for such calendar year. <br /> (e) Abated Rent. For the first NIA month period following the Commencement Date, Tenant <br /> shall have no obligation to pay any Rent or other charges due under this Lease, except for its utility services <br /> (telephone and internet). <br /> (f) Additional Rent. All other charges, costs and sums required to be paid by Tenant to Landlord <br /> under this Lease shall be deemed to be additional rent, and shall be collectable by Landlord as such. <br /> (g) Independent Covenant. The obligation to pay any and all rent hereunder is a separate and <br /> independent covenant of Tenant,and no breach or alleged breach by Landlord of the terms hereof shall give <br /> Tenant any right to withhold or escrow any rental payments when due. <br /> 5. LATE PAYMENT. Tenant recognizes and acknowledges that if rent payments are not received when <br /> due, Landlord will suffer damages and additional expense. Tenant therefore agrees that a late fee equal to <br /> five(5%)percent of the rent which is late may be assessed by Landlord as additional rent if the Landlord has <br /> not received any monthly installment of annual rent or other rent or additional rent due pursuant to this Lease <br /> within five(5)days of its due date. If any check given in payment of rent is not honored when due, Landlord <br /> may assess the late fee and may also require that subsequent rent payments be made by certified or <br /> cashier's check. Landlord's rights under this Section 5 are in addition to and maybe exercised cumulatively <br /> with Landlord's rights and remedies under Section 14 below. <br /> 6. SECURITY DEPOSIT. <br /> Tenant fails at aRy time to peFferm its ebligations 6andlard may at its eptieR apply the deP96it, OF 60 FAUGh <br /> theFeef as is Feq ui Fed, tE)GUF8 T8Rant's d flault.. liattiaRytiM8 PF19Ft9 the te�m'Ratien of this Lease Land' <br /> depletes the depesit on whele GF in paFt, TeRant shall immediately Festere the amount so used by Landlord. <br /> Unless 6andleFd ures the deposit to GwFe a default of TeRaRt, OF tG FesteFe the Leased Pr-emises te the <br /> GGRditi9n that Tenant Is FeqUiFed to leave them at the GORGIUSOOR of 4he Term, Landler-d shall withiA!hiFty(30) <br /> nteFe st earpe <br /> 7. USE OF LEASED PREMISES AND COMPLIANCE WITH LAW. The Leased Premises shall be used <br /> only for general office purposes, and for no other purposes without the Landlord's prior written consent. <br /> Tenant shall not use the Leased Premises for any unlawful purpose or in any manner that might constitute a <br /> nuisance. Tenant shall comply with all land use covenants and Rules and Regulations (see Exhibit C) <br /> pertaining to the Leased Premises, and all ordinances and regulations of governmental authorities applicable <br /> to the Leased Premises. <br /> 8. SIGNS. Landlord shall furnish, install and maintain a sign at the entry to Tenant's office, and a <br /> Building directory at a convenient location in the Building, listing the name of the Tenant and the suite number <br /> of Tenant's entrance office. No other signage shall be installed by Tenant anywhere at the Europa Center <br /> without Landlord's written consent, which may be withheld in Landlord's sole discretion. Any other sign <br /> requested by the Tenant and approved by Landlord which is of greater cost than the sign ordinarily furnished <br /> by the Landlord shall be paid for by the Tenant, and shall be installed by the Landlord at Tenant's expense <br /> 9. CARE AND MAINTENANCE. Subject to the provisions of Section 29, Tenant shall, at the Tenant's <br /> own expense, keep the Rented Space in good condition and shall pay for the repair of any damages caused <br /> by the Tenant, its agents, employees, invitees or contractors. Tenant shall make at its sole cost and <br /> expense, replacements or restorations, in quality equivalent to or better than the original work, as may be <br /> required to maintain the Rented Space in good repair and condition, ordinary wear excepted. With respect to <br /> repairs requested by Tenant to be performed by Landlord,the Tenant shall pay the Landlord for any expense <br /> incurred by the Landlord, including overtime, in the event repairs, alterations, decorating or other work in the <br /> Rented Space are not made during ordinary business hours. <br /> 10. ALTERATIONS BY TENANT. <br /> (a) Requirements. Tenant shall not do any painting or decorating, or erect any partitions, make any <br /> alterations in or additions to the Rented Space or do any nailing, boring or screwing into the ceilings,walls or <br /> floors (collectively and individually, "Alterations") without the Landlord's prior written general and specific <br /> consent in each and every instance,with the exception of picture hanging and limited installation of shelving. <br /> Page 6 -THE EUROPA CENTER Lease <br /> Landlord Tenant <br /> Initials Initials <br />
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