Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor. 8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice. 8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor. 8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements. 8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority. 8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 9 contracts
Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixturesa. Improvements installed or constructed on the Leased Premises or in, equipment, and accessories, all of which on or over the adjacent waters shall be in conformance with all Laws, including Brazos River Authority’s Shoreline Management Plan and Customer Guide and other rules and regulations promulgated by the Brazos River Authority from time to time and shall be of sound and substantial construction. All Improvements shall be constructed substantially in accordance with the terms plans and conditions specifications previously approved in writing by the Brazos River Authority, which shall not constitute approval by the Brazos River Authority of this Lease and any applicable city code the adequacy of engineering or FAA requirementsstructural design. Lessee shall complete accepts all responsibility for safety, structural soundness, and compliance with all applicable construction of the new improvements within one (1) year after the Effective Date of this Leasecodes as they relate to buildings, structures and facilities. Existing improvements All Improvements shall be deemed to have been appropriately installed or constructed so long as they are well-in a good and workmanlike manner and shall be properly maintained in good repair and meet all applicable city code and FAA requirementsappearance by Lessee. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor correct any substandard conditions (to be determined in the sole discretion of the Brazos River Authority) resulting from failure to properly maintain Improvements.
b. Lessee must obtain a written permit from Brazos River Authority for any Improvements to be built, installed or maintained on the Project Area or in, on or over the waters of the Lake adjacent to the Project Area or in, on or over the adjacent waters (that is, in, on or over the area covered by the waters of the Lake when the elevation of the surface of the Lake is 1,000 feet above mean sea level, which is the normal maximum elevation of water in the Lake), and an annual charge may be made for such facilities in accordance with rates established by the Brazos River Authority. Furthermore, if Lessee desires to block off an area of the Lake for private use, a permit must be obtained from the Brazos River Authority and an annual charge may be made for such private use area in accordance with rates established by the Brazos River Authority. Rates for permits for facilities or blocked-off areas on the Lake may be established and revised from time to time by the Brazos River Authority.
c. Lessee will not, except for mechanic’s lien contracts for construction or repair of Improvements, permit or suffer to be filed or claimed against the Leased Premises or any building or Improvement thereon or against Lessor, any mechanic's, materialman's or other lien, charge or order for the apportioned costs payment of roadway improvements includingmoney. In the event any such lien, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee charge or order shall be responsible for filed or claimed, Lessee shall, at its own expense, cause the cost same to be canceled and discharged of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor record within thirty (30) days after Lessee shall have received notice of the filing thereof, or Lessee may, within said period, furnish to Lessor a bond satisfactory to Lessor against said lien, charge or order, in which case Lessee shall have the right in good faith to contest the validity or amount thereof. LESSEE HEREBY INDEMNIFIES AND AGREES TO DEFEND AND HOLD LESSOR HARMLESS from the date any loss, liability, expense (including attorneys' fees) incurred or suffered by Lessor as a result of invoiceany such lien, charge or order.
8.2 Lessee agrees d. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, expressed or implied by inference or otherwise, to constructany contractor, at Lessee’s expensesubcontractor, aircraft access improvementslaborer or materialman for the performance of any labor or the furnishing of any materials for any specific alteration, including without limitation drivewaysaddition, taxi lanes, aprons, and ramps improvement or repair that would give rise to its planned facility. Construction and location the filing of any lien against the estate or interest of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion in and to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot printnor as giving Lessee any right, office areapower or authority to contract for or permit any rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the estate or interest of the Lessor in and to the Leased Premises. Lessor shall not be liable for any labor, parkingservices or materials furnished or to be furnished to Lessee, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on to anyone holding the Leased Premises are damaged through or destroyedunder Lessee, Lessee upon credit and that no mechanic's or other lien for such labor, services or materials shall do whatever is necessary attach to repair, rebuild, or restore affect the structure estate or interest of Lessor in and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeLeased Premises.
Appears in 3 contracts
Samples: Residential Ground Lease, Residential Ground Lease, Residential Ground Lease
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which Landlord shall be entitled to terminate this Lease by delivery of written notice to Tenant if Tenant has not commenced construction of the following Improvements on the Land within thirty-six (36) months and completed construction within five (5) years with both dates commencing upon the execution of this Lease is signed by Landlord.
A. The Improvements shall consist of one (1) or more buildings containing not less than a total of 80,000 square feet nor more than 84,000 square feet for use as an instructional facility with playground and gymnasium facilities that can be used for Landlord’s recreational programs and the drives, landscaping and a parking area with not less than the number of parking spaces required by the ordinances of the City of El Paso, to be constructed on the Land by Tenant substantially in accordance with the terms plans and conditions specifications prepared by Tenant after consultation with Landlord, which plans and specifications shall be in harmony with the existing structures on Landlord’s adjacent property.
B. Tenant shall construct two NCAA regulation soccer fields on Tenant’s property pursuant to the Interlocal Agreement. Said new soccer fields shall be complete prior to demolition of any existing fields on leased property.
C. Tenant shall, at Tenant’s cost, risk and expense, construct, erect and substantially complete the foregoing Improvements in a good and workmanlike manner in compliance with the building codes, zoning ordinances and other regulations of the City of El Paso, Texas.
D. If commencement of construction of the Improvements has not occurred on or before thirty-six (36) months after the date of this Lease Lease, Landlord may treat such event as an event of default under this Lease. After commencement of construction, Tenant covenants and any applicable city code or FAA requirements. Lessee shall agrees to complete construction of the new improvements within one Improvements with reasonable diligence. The date on which construction of the Improvements is completed (1the “Completion Date”) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon earlier of (i) the expiration date on which Tenant obtains a certificate of occupancy for the Improvements or (ii) the date on which Tenant begins conducting classes in more than half of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions air-conditioned space actually constructed as part of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceImprovements.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 3 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement, Interlocal Agreement
Construction of Improvements. Lessee All work performed by Tenant’s contractor shall construct its planned facilities comply with all applicable ordinances, codes and install therein all necessary fixtures, equipment, regulations and accessories, all of which shall be performed in accordance a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the terms Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and conditions may attend inspections to observe on behalf of this Lease and any applicable city code or FAA requirementsthe Building. Lessee shall complete At all times during construction of the new improvements Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within one three (13) year after business days of such notice. If Landlord does not inspect the Effective Date of this Lease. Existing improvements work to be closed up within three (3) business days, Landlord shall be deemed to have been appropriately constructed so long as they are well-maintained waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and meet all applicable city code Tenant shall be fully responsible and FAA requirementsliable therefor. It is expressly understood that upon the expiration Tenant shall reimburse Landlord for any repairs or corrections of any portion of the LeaseBuilding caused by any contractor, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for subcontractor, supplier, xxxxxxx or mechanic performing any work in the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises. Upon completion of the access road construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the Leased Premises. Lessee shall be responsible for extent possible the cost of all extensions, as applicable, of all water, sewer, and other utilities to actual Tenant Improvements in the Leased Premises, as well as a certificate of occupancy and the results of any fees for obtaining serviceinspections and/or approvals given or required by any governmental agency. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeTenant’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location Tenant’s agent’s construction of the access improvements Tenant Improvements shall comply with specifications set forth by Lessor at the time following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections all work relating to the runway Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any apron or taxi lane changes which are necessary thereto, and Tenant’s agents shall in addition be governed adhere to such corrected schedule; (iii) Tenant shall abide by any all rules or regulations regarding Airport operations made by Landlord’s Building manager with respect to the use of freight, loading dock and must be approved service elevators, storage of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion materials, coordination of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing work with the contractors of the Leased Premises, hangar foot print, office area, parking, landscapingother tenants, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance matter in connection with all applicable building code requirements this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and acquiring all necessary licenses (iv) Tenant and permits from any governmental authority.
8.5 If its agents and contractors shall strictly comply with the aircraft hangar or other improvements on Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary “Coordination Fee”) to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior Landlord in an amount equal to the damage or destruction within 180 days product of (i) five percent (5%) multiplied by (ii) the sum of the date Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of destruction. Upon written request from Lesseethe Tenant Improvements, Lessor may extend the 180-day timeline which Coordination Fee shall be for services relating to the extent reasonably necessary due to conditions beyond coordination of the control construction of Lesseethe Tenant Improvements.
Appears in 3 contracts
Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc), Lease Agreement (Taleo Corp)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one two (12) year years after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee Xxxxxx agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeXxxxxx’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from LesseeXxxxxx, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 3 contracts
Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee Xxxxxx agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeXxxxxx’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from LesseeXxxxxx, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 2 contracts
Samples: Land Lease Agreement, Land Lease Agreement
Construction of Improvements. (A) Lessee shall construct its planned facilities warrants and install therein all necessary fixturesagrees that it is leasing the Building as is, equipmentwhere is, and accessoriesany and all other improvements to the land, all of which shall including the parking lot, approaches, and service areas, will be maintained in accordance with the terms with, and conditions if and when improved by or on behalf of this Lease Lessee, will be constructed in all material respects by Lessee in accordance with, applicable law, ordinance, or regulation, and any applicable city code according to plans and specifications submitted to Lessor for its prior reasonable approval, such approval not to be unreasonably withheld or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessordelayed.
8.1 (B) Lessee agrees to reimburse Lessor pay, if not already paid in full, for all architectural fees and actual construction costs, to be incurred in the apportioned costs of roadway improvements includingfuture, which shall include, but not be limited to: excavation, pavingplans and specifications, drainagegeneral construction, carpentry, electrical, plumbing, heating, ventilating, air conditioning, decorating, equipment installation, outside lighting, curbing, landscaping, blacktopping, electrical sign hookup, conduit and wiring from building, fencing, and fencing required parking curbs, builder's risk insurance (naming Lessor, Lessee, and contractor as co-insured), and all construction bonds for all extensions improvements made by or at the direction of the access road Lessee, to the Leased Premisesextent incurred or authorized by Lessee. Lessee agrees that no improvements shall be responsible commence on the Leased Premises unless and until Lessee has demonstrated to Lessor's reasonable satisfaction that Lessee has sufficient funds available to complete and pay in full for any contemplated improvements, and Lessor has received copies of all contracts for the cost construction of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access such improvements, including without limitation drivewaysany financing thereof. In the payment for any such improvements, taxi lanes, apronsLessor may require that Lessee shall follow commercially reasonable escrow disbursement procedures to protect Lessor's interest in the Leased Premises from liens and encumbrances, and ramps Lessor shall be a third party beneficiary to its planned facility. Construction and location of such disbursement procedures.
(C) Opening for business in the access improvements Leased Premises by Lessee shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries constitute an acceptance of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, and an acknowledgment by Lessee that the property of Lessor. All construction and any connections to premises are in the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorcondition described under this Lease.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 2 contracts
Samples: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Construction of Improvements. Lessee All work performed shall construct its planned facilities comply with all applicable ordinances, codes and install therein all necessary fixtures, equipment, regulations and accessories, all of which shall be performed in accordance a good and workmanlike manner. Subtenant shall deliver copies to Sublandlord and Landlord of all permits and all periodic governmental inspection reports with respect to the terms Initial Subtenant Improvements promptly after receipt thereof by Subtenant or Subtenant’s contractor. Sublandlord and conditions Landlord should be notified in advance of this requested inspections and may attend inspections to observe on behalf of the Building or the Master Lease and any applicable city code or FAA requirementsPremises. Lessee shall complete At all times during construction of the new improvements within one (1) year after Initial Subtenant Improvements, Sublandlord and Landlord, and each of their respective employees and agents shall have the Effective Date right to enter the Subleased Premises to inspect the work. No inspection or approval by Sublandlord and Landlord of this Lease. Existing improvements any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Subtenant shall be deemed to have been appropriately constructed so long as they are well-maintained fully responsible and meet all applicable city code liable therefor. Subtenant shall reimburse Sublandlord and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensionsLandlord, as applicable, for any repairs or corrections of all waterany portion of the Building or the Master Lease Premises caused by any contractor, sewersubcontractor, supplier, xxxxxxx or mechanic performing any work in the Subleased Premises. Upon completion of the construction of the Initial Subtenant Improvements, Subtenant shall provide Sublandlord and other utilities Landlord with marked copies of the construction drawings indicating to the Leased extent possible the actual Initial Subtenant Improvements in the Subleased Premises, as well as a certificate of occupancy and the results of any fees for obtaining serviceinspections and/or approvals given or required by any governmental agency. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeSubtenant’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location Subtenant’s agent’s construction of the access improvements Initial Subtenant Improvements shall comply with specifications set forth by Lessor at the time following: (i) the Initial Subtenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Subtenant’s agents shall submit schedules of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections all work relating to the runway Initial Subtenant Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Subtenant’s agents of any apron changes which are necessary thereto, and Subtenant’s agents shall adhere to such corrected schedule; (iii) Subtenant shall abide by all rules made by Sublandlord, Landlord and/or the Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, or taxi lane shall in addition be governed by any rules of Sublandlord or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscapingLandlord, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance matter in connection with this Work Agreement, including, without limitation, the construction of the Initial Subtenant Improvements; and (iv) Subtenant and its agents and contractors shall strictly comply with the Conditions for Construction. Subtenant shall pay to Landlord any and all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior fees assessed by Landlord relating to the damage or destruction within 180 days supervision and/or coordination of the date construction of destructionthe Initial Subtenant Improvements coordination. Upon written request from Lessee, Lessor may extend Sublandlord shall not charge Subtenant any supervision or coordinate fees in connection with the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeInitial Subtenant Improvements.
Appears in 2 contracts
Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)
Construction of Improvements. Lessee Landlord shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete commence construction of the new improvements within one (1) year Improvements on the Land at the earliest possible date after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration effective execution of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees pursuant to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainageSection 1.3 herein, and fencing required shall use its best and diligent efforts to Substantially Complete the same on or before June 1, 1998 ("Proposed Completion Date"). In the event, the Commencement Date falls after the Proposed Completion Date, Tenant shall be entitled to rent abatement for all extensions of current leases and subleases under which Landlord is the access road to landlord or main landlord until and through the Leased PremisesCommencement Date. Lessee Provided, however that the Proposed Completion Date shall be responsible extended for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days if Tenant desires that the Tenant Improvements be constructed by a general contractor other than the general contractor constructing the base building. Landlord shall cause the Improvements to be constructed in a good and workmanlike manner. Landlord warrants and represents to Tenant that the Premises shall be free from defects in materials and workmanship for a period of one year after the Commencement Date and for such additional periods as Landlord has been provided in warranties from its builders, contractors, and suppliers. Tenant shall be entitled to inspect the construction of the Improvements as the work progresses, at all reasonable times (so long as Landlord's progress is not in any material manner impeded thereby); and Landlord shall permit Tenant access during the construction period for such purposes. Provided, however, Tenant shall assume all responsibility for damage to property and personal injury suffered by Tenant and those parties upon the Land at Tenant's invitation for such inspections to the extent not covered by Landlord's insurance, unless such damage to property and personal injury is proximately caused by the negligent acts, omissions, recklessness or willful misconduct of Landlord, its agents, employees or representatives. In the event completion of construction is delayed due to any act or neglect of Tenant (or Tenant's agents, employees, or representatives), the presence of rock, inclement weather, strikes, lockouts or other labor disputes affecting either Landlord or any of Landlord's suppliers of material or labor, delay in issuance of certificates, permits or licenses not due to any act or neglect of Landlord, delayed inspections not due to any act or neglect of Landlord, acts of war or civil commotion, emergency proclamation, governmental regulations, or for any other reason beyond Landlord's reasonable control, it is agreed that the date for Substantial Completion may be extended for the same number of invoice.
8.2 Lessee days as any such event beyond Landlord's reasonable control shall delay Landlord in completing the Improvements provided Landlord promptly gave Tenant written notice of the occurrence of any event or condition causing any delay contemporaneously with the occurrence of such event or condition and provided further that the financial condition or the unavailability or cost of funds to Landlord shall not constitute an event or condition beyond Landlord's reasonable control and provided further that the occurrence of an event or condition that might otherwise constitute a delay but which with reasonable diligence could be avoided by Landlord shall not constitute grounds for extension of the date for Substantial Completion of the Improvements. In the event Landlord has failed to complete the Premises by sixty (60) days after the Proposed Completion Date and such failure is not the result of delays caused by Tenant's actions or inactions within its reasonable control, upon written notice from Tenant that it reasonably requires additional space for the conduct of Tenant's business until such time as Premises is completed, Landlord shall use all commercially reasonable efforts to make available for Tenant's use until the Commencement Date up to 10,000 square feet of additional office space reasonably suitable for the conduct of Tenant's business on terms and conditions, including rent, at least as favorable to Tenant as contained in this Lease. Landlord agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, endeavor to supply such temporary space in Landlord's facilities that may be available in the Park and ramps shall pay the reasonable costs and expenses incurred by the Tenant in locating to its planned facilitysuch additional office space. Construction Tenant acknowledges and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands agrees that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities Landlord shall not be occupied until access required to make any tenant improvements to any such temporary additional office space except as reasonably necessary for Tenant to be able to conduct its business in such space. If the Landlord is completed unable to provide such additional space within three (3) days of Tenant's notice, Tenant shall have the right to find such additional space and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall to enter into an agreement with a third party to provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscapingsuch additional space, and any other improvements.
8.4 The provisions Landlord until Tenant vacates such additional space, but not later than thirty (30) days after the Commencement Date, shall promptly reimburse Tenant for Tenant's actual costs of moving to such additional space and for Tenant's rent for such additional space as a result of Tenant entering into such third party agreement, provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If however that Tenant shall make payments to Landlord in the aircraft hangar or other improvements on amount equal to the Leased Premises are damaged or destroyedproduct of $17.85 times the number of rentable square feet of such additional space divided by 12 ($17.85 X # of sq./ft. / 12), Lessee shall do whatever is necessary to repair, rebuild, or restore each month during the structure and other time Tenant occupies said additional space. Landlord shallnot be responsible for the costs of tenant improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseesuch additional space provided by third parties.
Appears in 2 contracts
Samples: Lease (Inveresk Research Group Inc), Lease (Clintrials Research Inc)
Construction of Improvements. Lessee (a) If the estimated cost ("Estimated Cost") to design and construct the Tenant Improvements, including the Contractor's bid ("Bid Amount"), is more than the amount of the Tenant Improvement Allowance, Landlord shall construct its planned facilities and install therein all necessary fixturesnotify Tenant in writing. Within three (3) business days following receipt of such notice, equipment, and accessories, all Tenant shall either (i) agree in writing to pay the amount by which the Estimated Cost exceeds the amount of which shall be the Tenant Improvement Allowance in accordance with Section 1 (d) above or (ii) notify Landlord in writing of Tenant's election to cause the terms Space Planner to revise the Plans and conditions Specifications to reduce the Estimated Cost. The revised Plans and Specifications shall not be rebid, but shall instead be provided to the Contractor for Contractor to revise the Bid Amount. This procedure shall be repeated until the Plans and Specifications, the Bid Amount and the Estimated Cost have been approved by Tenant and Landlord, but all revisions of the Plans and Specifications and all revised Bid Amounts pursuant to this Section 4.A. shall be a Tenant delay pursuant to Section 6.4 of the Lease and any applicable city code or FAA requirementselsewhere provided.
(b) Contractor shall construct the Tenant Improvements pursuant to a contract with Landlord. Lessee Following approval of the Plans and Specifications, the Bid Amount and the Estimated Cost by Landlord and Tenant, Contractor will cause application to be made to the appropriate governmental authorities for necessary approvals and building permits. Upon receipt of the necessary approvals and permits, Contractor shall complete begin construction of the new improvements within one Tenant Improvements.
(1c) year Landlord shall furnish Tenant, as soon as is reasonably practicable after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long Substantial Completion (as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration defined below) of the LeaseTenant Improvements, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor a cost breakdown for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased PremisesTenant Improvements. Lessee Landlord shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as also provide any fees for obtaining servicereasonable supporting data requested by Tenant in writing. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.Initials /s/ EJC -------- Initials --------
Appears in 2 contracts
Samples: Lease Agreement (HNC Software Inc/De), Lease Agreement (Fair Isaac & Company Inc)
Construction of Improvements. Lessee (a) Landlord shall construct make the improvements to the Premises, if any, described as Landlord’s Work (“Landlord’s Work”) on Exhibit C attached hereto and made a part hereof. Landlord shall use reasonable efforts to substantially complete Landlord’s Work on or before the Commencement Date and shall provide Tenant notice of the occurrence thereof, but shall not be responsible for delays due to (i) causes beyond Landlord’s reasonable control, (ii) any act, delay or failure to act of Tenant, (iii) any changes requested by Tenant in Landlord’s Work or any work performed or to be performed by Tenant, (iv) the quality of performance or completion of any work by a person, firm or corporation employed by Tenant, (v) the work being performed by or on behalf of Tenant which, under good construction scheduling practices should be completed before portions of the Landlord’s Work are completed, is not completed by Tenant on schedule and/or results in delays in the completion of Landlord’s Work, and/or (vi) any other act or omission of Tenant, its planned facilities and install therein all necessary fixturesagents, equipmentemployees, and accessoriesor contractors, all of which including, without limitation, any delay in giving authorization or approvals (in any instance, a “Tenant Delay”). Tenant shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction entitled, as Tenant’s sole remedy, to an abatement of the new improvements within one (1) year after Fixed Minimum Rent otherwise due hereunder for any period following the Effective Commencement Date during which the Premises remain unavailable for occupancy by Tenant because of this LeaseLandlord’s failure to substantially complete Landlord’s Work; provided, however, that if Landlord, in Landlord’s sole judgment, is delayed in timely substantially completing Landlord’s Work because of any Tenant Delay, then there shall be no abatement of the Fixed Minimum Rent for the period of such Tenant Delay. Existing improvements Except for the abatement of the Fixed Minimum Rent as set forth in the previous sentence, Tenant waives and releases any and all claims for damages against Landlord resulting from the Premises remaining unavailable for occupancy by Tenant due to Landlord’s failure to substantially complete Landlord’s Work. The taking of possession of the Premises by Tenant shall be deemed conclusively to have establish that Landlord’s Work has been appropriately constructed so long completed and accepted by Tenant.
(b) On or before the Commencement Date, Tenant shall, at its sole cost and expense, supply all installations and complete the improvements and other work, if any, described as they are well-maintained Tenant’s Work (“Tenant’s Work”) on Exhibit C, and meet shall fully equip the Premises with all applicable city code trade fixtures, lighting fixtures, furniture, furnishings, fixtures, floor coverings, signs, special equipment and FAA requirements. It is expressly understood that upon other items of construction and personal property necessary for the expiration completion of the Lease, all hangar improvements shall become property Premises and the proper operating of LessorTenant’s business therein.
8.1 Lessee agrees to reimburse Lessor for (c) Tenant shall not undertake, directly or indirectly, Tenant’s Work or any other construction work, improvements or alterations (collectively, “Alterations”), nor shall Tenant install any equipment other than trade fixtures and personal property, in the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises without first obtaining Landlord’s written approval of the access road to the Leased Premisesplans and specifications (“Plans”) therefor. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within Within thirty (30) days from after the date execution of invoicethis Lease, Tenant shall submit the Plans to Landlord showing in detail the Alterations Tenant is required or desires to undertake in the Premises. The Plans shall be prepared at Tenant’s sole cost and expense by an engineer or architect of recognized competence, licensed to practice in the State of Ohio and otherwise acceptable to Landlord. Tenant shall revise the Plans in accordance with and within seven (7) days after receipt of Landlord’s comments. Tenant, at Tenant’s sole cost and expense, shall obtain all building, use and occupancy permits and licenses required by applicable governmental authorities for the Alterations, for the use of the Premises and for the conduct of Tenant’s business. Tenant shall make such changes to the Plans as may be required to conform the same to the laws and ordinances applicable to the Alterations. Landlord’s approval of the Plans shall not constitute the assumption of any liability on the part of Landlord for their accuracy or conformity with building codes or any other legal requirements.
8.2 Lessee agrees to construct(d) The Alterations performed at the Premises by or on behalf of Tenant, at Lesseeincluding, without limitation, Tenant’s expenseWork, aircraft access improvementswhether in the nature of erection, including construction, alteration or repair, shall be performed with new materials and completed in a first-class and workmanlike manner, promptly, efficiently and competently by duly qualified and, if required by Landlord, licensed persons or entities, without limitation driveways, taxi lanes, apronsinterference with or disruption of the operations of other tenants or users of Landlord’s Property, and ramps in accordance with all applicable laws, ordinances, rules, regulations and requirements of any governmental authority having jurisdiction over the Premises, including, without limitation, the Americans with Disabilities Act of 1990, as amended. Subject to its planned facility. Construction Section 3.3 hereof, the Alterations shall at once when made or installed be deemed to have attached to the freehold estate and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, become the property of Lessor. All construction Landlord and, except as otherwise provided herein, shall remain for the benefit of Landlord at the end of the term or other termination of this Lease in as good condition and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations repair as when installed, reasonable wear and must be approved of tear excepted, and overseen by Airport management. Constructed facilities Tenant shall not be occupied until access is completed and accepted by Lessorentitled to any payment or compensation therefor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 2 contracts
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixturesa. Improvements installed or constructed on the Leased Premises or in, equipment, and accessories, all of which on or over the adjacent waters shall be in conformance with all Laws, including Brazos River Authority’s Shoreline Management Plan and Customer Guide and other rules and regulations promulgated by the Brazos River Authority from time to time and shall be of sound and substantial construction. All Improvements shall be constructed substantially in accordance with the terms plans and conditions specifications previously approved in writing by the Brazos River Authority, which shall not constitute approval by the Brazos River Authority of this Lease and any applicable city code the adequacy of engineering or FAA requirementsstructural design. Lessee accepts all responsibility for safety, structural soundness, and compliance with all applicable construction codes as they relate to buildings, structures and facilities. All Improvements shall complete construction be installed or constructed in a good and workmanlike manner and shall be properly maintained in good repair and appearance by Lessee. Xxxxxx agrees to correct any substandard conditions (to be determined in the sole discretion of the new improvements within one Brazos River Authority) resulting from failure to properly maintain Improvements.
b. Lessee must obtain a written permit from Brazos River Authority for any Improvements to be built, installed or maintained on the Project Area or in, on or over the waters of the Lake adjacent to the Project Area or in, on or over the adjacent waters (1) year after that is, in, on or over the Effective Date area covered by the waters of this Leasethe Lake when the elevation of the surface of the Lake is 1,000 feet above mean sea level, which is the normal maximum elevation of water in the Lake), and an annual charge may be made for such facilities in accordance with rates established by the Brazos River Authority. Existing improvements Furthermore, if Lessee desires to block off an area of the Lake for private use, a permit must be obtained from the Brazos River Authority and an annual charge may be made for such private use area in accordance with rates established by the Brazos River Authority. Rates for permits for facilities or blocked-off areas on the Lake may be established and revised from time to time by the Brazos River Authority.
c. Lessee will not, except for mechanic’s lien contracts for construction or repair of Improvements, permit or suffer to be filed or claimed against the Leased Premises or any building or Improvement thereon or against Lessor, any mechanic's, materialman's or other lien, charge or order for the payment of money. In the event any such lien, charge or order shall be deemed filed or claimed, Lessee shall, at its own expense, cause the same to have been appropriately constructed so long as they are well-maintained be canceled and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration discharged of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor record within thirty (30) days after Lessee shall have received notice of the filing thereof, or Lessee may, within said period, furnish to Lessor a bond satisfactory to Lessor against said lien, charge or order, in which case Lessee shall have the right in good faith to contest the validity or amount thereof. XXXXXX HEREBY INDEMNIFIES AND AGREES TO DEFEND AND HOLD XXXXXX HARMLESS from the date any loss, liability, expense (including attorneys' fees) incurred or suffered by Xxxxxx as a result of invoiceany such lien, charge or order.
8.2 Lessee agrees d. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, expressed or implied by inference or otherwise, to constructany contractor, at Lessee’s expensesubcontractor, aircraft access improvementslaborer or materialman for the performance of any labor or the furnishing of any materials for any specific alteration, including without limitation drivewaysaddition, taxi lanes, aprons, and ramps improvement or repair that would give rise to its planned facility. Construction and location the filing of any lien against the estate or interest of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion in and to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot printnor as giving Lessee any right, office areapower or authority to contract for or permit any rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the estate or interest of the Lessor in and to the Leased Premises. Lessor shall not be liable for any labor, parkingservices or materials furnished or to be furnished to Lessee, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on to anyone holding the Leased Premises are damaged through or destroyedunder Lessee, Lessee upon credit and that no mechanic's or other lien for such labor, services or materials shall do whatever is necessary attach to repair, rebuild, or restore affect the structure estate or interest of Lessor in and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeLeased Premises.
Appears in 1 contract
Samples: Residential Ground Lease
Construction of Improvements. Lessee Tenant shall construct have the right, at its planned facilities sole cost and install therein all necessary fixtureswithout the necessity of obtaining Landlord’s consent, equipmentto make at any time and from time to time, improvements and accessories, all alterations to the Premises (including the construction and installation from time to time of which shall be in accordance with one or more signs (including Tenant’s existing signs on the terms and conditions Premises as of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date and the substitution or replacement thereof from time to time in Tenant’s sole discretion) and the installation of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon one or more sets of satellite receiving equipment or the expiration of like on or near the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for Land and/or the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainageBuilding), and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or construct other improvements on the Leased Premises are damaged Premises, so long as Tenant complies with all applicable Requirements. Landlord shall cooperate with Tenant and shall execute all instruments necessary or destroyedappropriate to obtain, Lessee and shall do whatever is necessary to repairjoin in the application for, rebuildall permits, or restore the structure licenses and other approvals from the applicable governmental authorities to make such alterations and improvements to substantially satisfy the same condition existing Requirements. Any improvements made by Tenant to the Premises under this Section 8.2 shall belong to Tenant for the duration of the Term and the cost thereof shall be depreciated by Tenant during the Term. Notwithstanding anything to the contrary in this Section 8.2, any improvement or alteration made by Tenant to the Premises which affects the external appearance or structural integrity of the Building shall require the prior consent of Landlord, which consent shall be not be unreasonably conditioned, withheld or delayed. Tenant shall provide to Landlord a copy of the plans and specifications relating to any improvements or alterations made by Tenant to the Premises (whether or not such improvements or alterations require Landlord’s consent), and a reasonable estimate of the cost thereof, prior to the damage commencing such improvements or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseealterations.
Appears in 1 contract
Construction of Improvements. Lessee (a) Landlord, at its sole cost and expense, shall construct its planned facilities and install therein all necessary fixturescause to be constructed on the Property an addition to the existing office/warehouse/light manufacturing facility consisting of approximately 134,100 square feet of leasable area, equipment(the "ADDITION") as more particularly described in the outline specifications listed in Exhibit C, and accessoriesthe preliminary plans listed in Exhibit D and attached as Exhibit D1 and the preliminary construction cost breakdown attached as Exhibit E (the "NEW IMPROVEMENTS"). The plans and specifications set forth in Exhibits C, all of which shall D and D1, as they may be modified in accordance with the terms and conditions of this Lease Agreement, are hereinafter referred to as the "PLANS AND SPECIFICATIONS". Landlord warrants to Tenant that the New Improvements shall be constructed in a good and workmanlike manner, substantially free of defects in workmanship and substantially in accordance with the Plans and Specifications. Landlord shall during the first lease year correct, in a diligent manner, any applicable city code defects or FAA requirements. Lessee shall complete deficiencies noted by Tenant to Landlord which arises as a result of the initial construction of the new improvements within one (1) year after New Improvements and not as a result of Tenant's use of the Effective Date New Improvements or any component parts thereof. Landlord warrants that the heating system and the exhaust fans installed in the Addition will be in good operating condition as of the Commencement Date, provided Tenant shall, subject to Landlord's obligations in the preceding sentence, maintain the same in good operating condition at Tenant's own risk and expense and deliver the same to Landlord at the termination of this Leaselease in the same good condition as existed at the beginning of the original term of this lease, normal wear and tear excepted. Existing improvements To the extent practicable and permissible, Landlord shall be deemed permit Tenant to enjoy the benefit of all builders and contractors' warranties and guarantees, and any common law right of action which Landlord may have been appropriately constructed with respect to the New Improvements for so long as they are well-maintained no Event of Default exists under the terms of this lease. After the first lease year, Landlord will assign to Tenant any such builders' and meet all applicable city code contractors' warranties and FAA requirementsguarantees for Tenant's use during the remainder of the Term. It is expressly understood that upon In the event any builders' or contractors' warranties and guarantees cannot be assigned to Tenant, Landlord agrees to notify Tenant in writing, prior to the expiration of the Leasefirst lease year, identifying such warranties and guarantees and providing Tenant with copies of the same. Landlord agrees to cooperate with Tenant and take all hangar improvements reasonable steps to ensure that any maintenance, repair or replacement covered by such warranties and guarantees is promptly completed, or the cost recovered, for the benefit of Tenant, provided that Landlord shall become property have no liability for any costs associated with such maintenance, repair or replacement. Landlord agrees that the general construction contract for the New Improvements shall contain a provision that Tenant is a third party beneficiary of LessorLandlord's rights under such contract; provided that Tenant shall not exercise any such rights (x) prior to the end of the first lease year or (y) with respect to any matter or claim which arose prior to the end of the first lease year and which Landlord is actively pursuing with the contractor. Tenant shall notify Landlord prior to exercising any right pursuant to the preceding sentence. Landlord shall provide Tenant with a copy of any and all construction contracts for the Addition and Landlord agrees Tenant shall have the right to approve any changes to such contracts consistent with the rights provided under subsection 4(b). In the event Landlord desires to change its general contractor from J.M. Turner Comxxxx, Xxxxxord agrees it shall obtain Tenant's prior written approval to such change, provided Tenant's approval shall not be unreasonably withheld or delayed.
8.1 Lessee agrees (b) Landlord and Tenant may from time to reimburse Lessor for time prior to completion of construction agree in writing to certain modifications and/or changes in the apportioned Plans and Specifications; and neither party shall unreasonably withhold its consent to such modifications and/or changes. Agreement and approval of any such modifications and the costs thereof shall be in writing or by signing or initialing of the proposed changes by both parties through their authorized representatives. All such modifications and/or changes requested by Tenant shall be made by Landlord and the net cost thereof, taking into account any savings realized by Landlord, shall be paid to Landlord by Tenant on or before the Commencement Date. The costs of roadway improvements includingsuch increases shall include, in addition to the payment of actual costs thereof to Landlord, a developer's fee of 10% of such actual costs.
(c) All of the work to be performed by or on behalf of Landlord (and any finish work that Tenant shall undertake to complete) shall be done in a workmanlike manner by licensed persons, including but not limited to: excavationto architects, pavingengineers, drainagecontractors and subcontractors, and fencing required for shall be in compliance with all extensions governmental rules, orders, licenses, zoning and building requirements applicable thereto. All permits and licenses in connection with the initial construction of the access road Addition shall be paid for by Landlord. Upon completion of construction of the New Improvements, Landlord shall obtain and deliver to Tenant a certificate of occupancy evidencing the right of Tenant to use the Addition and shall provide Tenant with copies of all required governmental permits obtained by Landlord with respect to the Leased construction of the New Improvements and of as built plans and specifications and with an architect's certificate of substantial compliance with the Plans and Specifications and with the Covenants (as defined in Subsection 6(e)).
(d) Tenant shall, at its sole cost and expense, furnish and install all trade fixtures, furnishings, and other tangible personal property of the Tenant. Tenant agrees to hold Landlord harmless from any mechanic's and materialmen's liens arising out of any work at the Premises by or on behalf of Tenant; to do all such work in a good and workmanlike manner and comply with all governmental laws, rules, regulations and requirements; and to save Landlord harmless and indemnify Landlord against all injury, liens, loss, claims or damage to any person or property occasioned by or growing out of any work by Tenant or any employees, agents, contractors, licensees or invitees ("AGENTS") of Tenant at the Premises, except for any such work performed by Landlord or its employees or contractors on the Addition prior to the Commencement Date or as punchlist items or corrective work during the first lease year as provided in Subsection 4(a), which shall be covered by builder's risk policies carried by Landlord or its contractors.
(e) Landlord agrees to give Tenant access to the Addition prior to the Commencement Date to inspect the same and install therein fixtures, supplies, machinery and equipment and other property of Tenant provided that any such entry and the making of any such improvements and any such installation shall be done without hindering in any way Landlord's construction of the New Improvements. Lessee From and after the date of entry by Tenant into the Addition for the purpose of installing Tenant's personal property and trade fixtures, Tenant shall be responsible for and shall pay all electricity costs and other utility costs attributable to Tenant's work in connection with the cost installation of all extensionstrade fixtures and Tenant's use of the Addition. In addition, Tenant shall, as applicableof the date of entry onto the New Improvements, deliver to Landlord the evidence of insurance required by the terms of this lease, either in builder's risk form or in such other form as the Landlord or its insurance agent or mortgagee may reasonably require. In addition, Tenant agrees to hold Landlord and its contractors harmless from any and all injury, loss or damage or claims of injury, loss or damage, of all waterwhatever nature, sewerto any person or property caused by or resulting from the entry upon and the use of the Addition by Tenant before the Commencement Date which may not, at the time, be covered by insurance, excluding any injuries, losses, damages or claims caused solely by the acts or omissions of Landlord, its contractors or subcontractors or any of their respective employees.
(f) For purposes of this lease, the Commencement Date shall be the earlier of (i) the date of the delivery by Landlord of (A) a final or temporary certificate of occupancy issued by the appropriate governmental authority and permitting Tenant to take possession of the Addition, and other utilities (B) a certificate of substantial completion issued by the project architect, or (ii) the date Tenant commences the conduct of business in or from the Addition; provided however, Tenant's use of the Addition for inspection and installation of fixtures, supplies, etc as provided in Subsection 4(e) shall not constitute conducting business for purposes of determining the Commencement Date, or (iii) the date when Landlord would have been able to deliver the documents provided for in Subsection (i) above but for delays actually caused by Tenant or its Agents; provided the provisions of this clause (iii) shall not cause the Commencement Date to occur prior to the Leased Premises, as well as any fees for obtaining servicedate which is five (5) months from the date of this lease. Lessee Landlord shall be responsible for payment provide at the time improvements are completed. Lessee shall remit payment to Lessor within least thirty (30) days from prior notice to the date Tenant of invoicethe anticipated Commencement Date and Landlord shall give Tenant access to the Addition during such thirty (30) day period in accordance with Section 4(e).
8.2 Lessee agrees (g) The Original Lease shall remain in full force and effect until the Commencement Date. From and after the Commencement Date, this lease shall supercede and replace the Original Lease. Landlord's obligations hereunder are contingent upon Guarantor consenting, in a separate written agreement in form reasonable satisfactory to constructLandlord, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, apronsto this Amended and Restated Lease solely for the purpose of, and ramps to in which Guarantor agrees that its planned facility. Construction liability and location of obligations under the access improvements Original Lease, as modified by this Agreement, shall comply continue with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections respect to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by LessorOriginal Space through April 30, 2006.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Deed of Lease (Elizabeth Arden Inc)
Construction of Improvements. Lessee Landlord agrees to perform the Landlord's Work in the Premises described in Exhibit B. Landlord shall construct its planned facilities and install therein all necessary fixtureshave no obligation to perform any work in the Premises other than Landlord's Work described in Exhibit B. Landlord shall endeavor to substantially complete Landlord's Wok by the Estimated Completion Date set forth in Section A - Basic Lease Definitions, equipment, and accessories, all but Landlord shall have no liability whatsoever for failure to complete Landlord's Work by the Estimated Completion Date nor shall Tenant have any rights hereunder on account of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirementssuch failure. Lessee shall complete construction Entry into possession of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements Premises shall be deemed conclusive approval by Tenant of all of Landlord's Work except for items thereof which are not completed or do not conform to Exhibit B and as to which Tenant shall have been appropriately constructed given notice to Landlord within 60 days after the commencement of the Lease Term. In the event Landlord is not required to perform any Landlord's Work pursuant to Exhibit A, then tenant acknowledges that Tenant has fully inspected the Premises, and that Tenant shall accept the Premises in its existing condition on an "as is" basis. Landlord agrees to repair any latent defects in the Premises of which it receives notice, so long as they said notice is received within twelve (12) months of delivery of possession to Tenant. All normal utilities are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon available on the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to same floor as the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities Tenant shall not be occupied until access is completed charged for Landlord's review of plans and accepted by Lessorspecifications as referred to in Exhibit "B".
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall construct its planned facilities apply in lieu of the provisions of Paragraph 2.A. above and install therein the term commencement date (“Term Commencement Date”) shall be the earlier of the date on which: (1) Tenant takes possession of some or all necessary fixturesof the Premises; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the plans and specifications, equipmentif any, described on Exhibit C and Tenant’s taking of possession of the Premises or any part thereof shall constitute Tenant’s confirmation of substantial completion for all purposes hereof, whether or not substantial completion of the Building or Project shall have occurred. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and accessoriesTenant agrees to accept possession of the Premises at such time as such improvements have been substantially completed, all which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of which Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord’s architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant’s submission of a punchlist to Landlord, which Tenant shall submit, if at all, within five(5) three (3) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord’s request, Tenant shall promptly execute and return to Landlord a “Start-up Letter” in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements , but Tenant’s failure or refusal to do so shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration not negate Tenant’s acceptance of the LeasePremises or affect determination of the Term Commencement Date. Substantial completion is hereinafter defined as the work contemplated on Exhibit “C” and Exhibit “C-1” being completed less nominal cosmetic, all hangar improvements deficiencies to the wall, floor and millwork surfaces and other missing or incomplete components of the improvements, which would not substantially interfere with Tenant’s conduct of its business. Notwithstanding anything to the contrary contained in this Lease the Scheduled Term Commencement Date shall become property occur on December 1, 1998, regardless of Lessor.
8.1 Lessee when the Premises are tendered to Tenant, substantially completed, Tenant agrees to reimburse Lessor for the apportioned costs use commercially reasonable efforts to control its customers, visitors and invitees and otherwise to prevent any of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road them from causing damage to the Leased Building, Premises or any person on or about the Premises. Lessee shall be responsible for In the cost event that Tenant fails to use such commercially reasonable efforts to control the activities of all extensionsTenant’s customers, as applicable, visitors and invitees and this failure is a cause of all water, sewer, and other utilities damage to the Leased Building, Premises or any person lawfully on our about the Premises, as well as any fees for obtaining service. Lessee Tenant shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to constructindemnify Landlord, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections pursuant to the runway provisions of Paragraph 8(c), for any apron or taxi lane shall in addition be governed damages caused by any rules or regulations regarding Airport operations such customers, visitors and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorinvitees.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Landlord Consent to Sublease (Premier Commercial Bancorp)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with Upon the terms and conditions signing of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction Contract, the LESSOR acknowledges the right of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed LESSEE to have been appropriately constructed so long as they are well-maintained take possession and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing control of the Leased Premises, hangar foot printand the LESSEE’s right to construct and introduce permanent improvements, office areai.e. buildings, parking, landscapingwalls, and any other improvements.
8.4 The provisions provided above do not relieve Lessee structures necessary for the intended business establishment, without consent from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on LESSOR. It is hereby understood that the LESSEE shall use the Leased Premises are damaged or destroyedonly for the operation of a fuel station and as such, Lessee the improvements it will introduce shall do whatever is necessary be limited to repairstructures and facilities such as pump islands, rebuilda sales office, or restore comfort rooms, a cashier’s booth, locker rooms, storage rooms, underground storage tanks, a convenience store, carwash facility, and service and lube bays, and the structure like. The LESSEE shall cause the construction of its fuel station, the installation of water, electrical, toilet connections and other improvements facilities. Improvements which are of fixed or immovable nature, with the exception of underground tanks, dispensing pumps and signages, shall become the property of LESSOR upon the expiration or pre-termination of this Contract without XXXXXX’s right to substantially reimbursement for the same condition existing prior cost of salvage value thereof. It is also understood that the LESSEE will submit to the LESSOR, copies of the plans for the proposed constructions and improvements of the Leased Premises in accordance with the nature and purpose of its business. Only upon receipt by the LESSOR of the plans shall the LESSEE be allowed to proceed with the constructions and improvements. The LESSEE shall remain exclusively liable for any damage or destruction within 180 days injury which the LESSOR or any third party shall incur or suffer by reason of the date constructions, improvements and installations. All constructions, improvements, renovations and installations shall be at the expense of destructionthe LESSEE. Upon written request from LesseeThe LESSEE shall be responsible in securing all the necessary government permits, Lessor may extend the 180-day timeline approvals and licenses necessary for purposes of said constructions, renovations, modifications and installations pursuant to the extent reasonably necessary due intended business establishment. Any subsequent alterations, additions or changes to conditions beyond the control approved plans shall also be made only after the LESSEE has obtained the written consent of Lesseethe LESSOR. The LESSEE shall strictly observe and comply with the requirements, regulations and guidelines of the applicable Government Agencies, and those set by the LESSOR, on the matter by which the constructions, improvements, renovations, alterations will be undertaken. The LESSEE shall allow the representative of the LESSOR to enter and inspect the Leased Premises at any time. The LESSEE or its authorized representative may be present during this inspection. Any violation of this provision shall make the LESSEE liable to the LESSOR for all damages, costs and expenses which may result directly or indirectly therefrom.
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for all costs of construction of the cost Leasehold Improvements, including survey work and site work. Lessee agrees to commence construction within the later of ninety (90) days after the date that Lessee obtains all extensions, necessary permits and approvals by all governmental bodies in charge of the approval process for the construction of the Leasehold Improvements. Construction of the Leasehold Improvements shall be continuous and expedited so that the Leasehold Improvements shall be completed as applicable, soon as practical. Lessor hereby approves Lessee or an affiliate of all water, sewer, and Lessee to construct the Leasehold Improvements without further approval or consent from Lessor other utilities to the Leased Premises, as well as any fees for obtaining servicethan customary permitting issues. Lessee shall be responsible for payment at maintain (or in the time improvements are completed. event Lessee shall remit payment hires a contractor to Lessor within thirty (30) days from construct the date of invoice.
8.2 Lessee agrees Leasehold Improvements, cause its general contractor to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, maintain and ramps to its planned facility. Construction and location of require the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of general contractor to require all other contractors working on the Leased Premises shall becometo maintain) automobile, immediately upon their completion general liability and worker’s compensation/employee’s liability insurance coverage satisfactory to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by all respects conform to and comply with all applicable statutes, ordinances, building codes, rules and regulations of such authorities as may have jurisdiction over any rules or regulations regarding Airport operations aspect of said construction. Lessee, at its sole cost and must be approved of expense, shall also procure all building, safety, fire and overseen by Airport managementother permits necessary for any construction. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing Lessor with a scaled drawing bond securing the performance of Lessee, or its contractors, in constructing the Leasehold Improvements according to the specifications of the Leased Premisesapproved plans. The performance bond shall be for an amount equal to the amount of contract of construction, hangar foot printbe issued by a surety reasonably acceptable to Lessor, office area, parking, landscaping, be in a form that is reasonably acceptable to Lessor and be for the benefit of Lessor. Prior to the commencement of any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on construction work upon the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary obtain a corporate surety bond, satisfactory to repairLessor, rebuildwith Lessee's contractor or contractors as principal, or restore in the structure and other improvements sum equal to substantially the same condition existing prior to the damage or destruction within 180 days not less than 100% of the date amount of destruction. Upon written request the contract for the completion of such work guaranteeing the payments of wages for services engaged and of bills contracted for materials supplied and equipment used in the performance of such work, and protecting Lessor from Lesseeany liability (including attorney's fees), Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseeand loss for damage arising therefrom.
Appears in 1 contract
Samples: Corporate Land Lease Agreement
Construction of Improvements. Lessee GECC shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall cause the Improvements to be ---------------------------- constructed in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirementsPlans. Lessee GECC shall complete construction of obtain competitive bids from at least three (3) general contractors; provided, however, that MAPICS shall have the new improvements within right to select one (1) year after of the Effective Date contractors to be included in the bidding process. GECC shall make the final selection a contractor to construct the Improvements, based upon the bids obtained by GECC; provided, however, that (a) GECC shall not be obligated to accept the lowest bid, and (b) GECC's selection of this Lease. Existing improvements the contractor shall be deemed made in GECC's sole discretion. GECC shall provide MAPICS with an allowance (the "First Floor Improvement Allowance") of Two Hundred Eighty-Three Thousand Seven Hundred Eighty-One and no/100 Dollars ($283,781.00), equivalent to have been appropriately constructed so long as they are well-maintained Seventeen and meet all applicable city code and FAA requirements. It is expressly understood that upon no/100 Dollars ($17.00) per square foot of rentable area on the expiration First Floor of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for Subleased Premises; the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee First Floor Improvement Allowance shall be responsible for used by GECC to pay the cost of all extensionsconstruction of the Improvements, which cost shall include, without limitation, permits, fees, additional utility services or meters. Anything in this paragraph to the contrary notwithstanding, prior to the commencement of construction of the Improvements, MAPICS shall pay to GECC, as applicableadditional rent, (i) the amount, if any, by which the estimated cost of all water, sewerconstruction of the Improvements exceeds the First Floor Improvement Allowance, and other utilities to (ii) a fee for GECC's management of construction of the Leased PremisesImprovements, as well as any fees for obtaining service. Lessee which fee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment in an amount equal to Lessor within thirty five percent (305%) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time total cost of plan’s approval. Lessee understands that those portions construction of the constructed Airport access improvements situated outside Improvements, which total cost shall include the boundaries of management fee. The Improvements shall constitute fixtures and remain in the Leased Subleased Premises shall become, immediately upon their completion to Lessor’s satisfaction, as the property of LessorGECC at the expiration or sooner termination of this Sublease. All construction and any connections to The Improvements shall be completed in accordance with the runway of any apron or taxi lane shall timetable set forth in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorparagraph C hereinbelow.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Sublease Agreement (Mapics Inc)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee Lessor agrees to reimburse Lessor for the apportioned costs of roadway improvements includingconstruct a building, but not limited to: excavation, paving, drainage, parking lot and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged in accordance with plans and specifications described in Exhibit "B" attached hereto and incorporated into this Lease Agreement by reference. Such plans and specifications sha1l be in general accordance with preliminary plans and specifications described in Exhibit "B-1" attached hereto and incorporated herein by reference. Lessor and Lessee agree that time is of the essence in the construction of the improvements. Lessor agrees to commence construction of the improvements as soon as practicable, to proceed diligently and expeditiously and to complete the construction thereof on or destroyedbefore November 1, 1988. In the event the construction has not been substantially comp1eted in accordance with the foregoing plans and specifications and in full compliance with all applicable local, state and federal laws, statutes, regu1ations codes and ordinances, and the Leased Premises ready for occupancy as evidenced by a temporary certificates of occupancy issued by competent authority, on or before November 1, 1988, than the Lessee may at its option upon thirty (30) days prior written notice to Lessor, terminate this Lease without further obligation 16 and shall do whatever is necessary be reimbursed by Lessor for all out of pocket expenses incurred by Lessee up to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destructionsuch prior written notice and the parties shall be discharged from all obligations hereunder. Upon written request from Lessee's option to terminate sha1l be in addition to any other legal or equitable remedy otherwise available to Lessee, Lessor may extend provided, however, that in the 180-day timeline to event construction of the extent reasonably necessary improvements is delayed due to conditions acts of God, fire or other casua1ty, 1abor disputes or other causes beyond the control of Lessor, than the date for fina1 comp1etion shall be adjusted for a period equal to such de1ay or delays, but in no event shall the date for final comp1etion be postponed beyond December 1, l988. When the construction of the improvements has been substantially completed, Lessor agrees to furnish to Lessee a certificate of Lessor's architect or engineer stating that the improvements have been constructed substantia11y in accordance with the plans and specifications. Upon receipt of such certificate Lessee sha1l have the right of inspection, and upon verification by Lessee that such plan and specification have been comp1ied with agrees to provide Lessor within a reasonable time with a written acknow1edgement of the acceptance of the improvements. The Commencement Date of this Lease sha11 be the date of Lessee's receipt and verification of such architect's or engineer's certificate, unless Lessor and Lessee agree otherwise in writing. If any disagreement occurs between Lessor and Lessee as to whether the improvements have been substantia1ly 17 completed in accordance with the plans and specifications, the parties sha1l select an independent architect to inspect the construction and certify as to such completion thereof. The independent architect's certificate shall be binding on the parties, and in the event any alteration or correction is required Lessor sha11 promptly cause such to be made. In the event of such disagreement, the Commencement Date sha1l become the first day of the ca1endar month fo1lowing the decision of the independent architect, or the comp1etion of the required a1terations or corrections, whichever comes later. Lessor, in connection with the construction of the improvements guarantees and warrants:
(a) That the materials, equipment and fixtures sha1l be as specified in the plans and specifications, and will comply with all applicable codes, standards, rules, ordinances, regulations, laws, and statutes pertaining thereto. Lessor shall also transfer to Lessee all warranties and guarantees included with all such materials, equipment and fixtures, together with all builder warranties furnished in connection with the Leased Premises.
(b) That the work will be done in a workmanlike manner, and
(c) That the Lessor will correct any defect or breach of all such Warranties provided Lessee gives Lessor written notice within the warranty period, or in the event no warranty period is specified, then within two (2) years after the Commencement Date.
(d) Notwithstanding (a), (b) or (c) above, the Lessor agrees to be responsible, for the term of this Lease for a1l structural defects.
Appears in 1 contract
Construction of Improvements. Lessee shall construct its planned facilities Subject to the Reimbursement Option (defined below), Landlord agrees to expend an amount up to the Renovation Allowance (the portion of the Renovation Allowance actually expended is hereinafter referred to as the “Expended Allowance”) as and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with when Landlord incurs costs for the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of permanent improvements (collectively the new improvements within one (1“Permanent Improvements”) year after to the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Leasepremises, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, pavingcosts associated with architectural designs engineering, drainagepreparation of plans and specifications, permits and fees, labor and materials, equipment purchase or rental amounts paid to contractors, including contractor profit and overhead, provided that all such Permanent Improvements shall be constructed in accordance with plans and specifications that are mutually approved by Landlord and Tenant. Landlord agrees to commence installation of the Permanent Improvements as promptly as may be reasonably possible after said plans and specifications are mutually approved and all necessary permits are obtained, to make reasonable efforts to minimize any disruption to Tenant’s business operations as a result of such installation, and fencing required to prosecute such installation to completion with commercially reasonable diligence. Materials used for said Permanent Improvements shall be of the same or similar quality as those materials previously used by Landlord in the repair and improvement of the Premises pursuant to the Lease. The contract between Landlord and its general contractor construction of the Permanent Improvements shall be a fixed-price contract for all extensions of the access road to work contemplated, and Landlord shall give Tenant a copy thereof at least five (5) business days before it is fully executed and delivered by Landlord and its general contractor. Tenant acknowledges that the Leased Premises. Lessee shall be responsible for amount of such contract will not include the cost of all extensions, as applicable, any change orders or corrections issued by the architect or Tenant. If the cost of all water, sewer, and other utilities any such change orders or corrections causes the total cost for the Permanent Improvements to exceed the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location amount of the access improvements shall comply with specifications set forth by Lessor at the time Renovation Allowance, then Tenant shall, upon presentation of plan’s approval. Lessee understands that those portions invoices or other reasonable proof of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall becomecost thereof, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuildpay, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lesseereimburse Landlord for, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseesuch excess.
Appears in 1 contract
Samples: Lease (Health Net Inc)
Construction of Improvements. Lessee shall construct its planned facilities (a) Landlord's Improvements. Landlord agrees to furnish, at Landlord's sole cost and install therein all necessary fixtures, equipment, and accessoriesexpense, all of which shall be in accordance with the terms architectural design, engineering, material, labor, and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete equipment for the construction on the Land of the new improvements within one specified on the Outline Plans and Specifications which are attached hereto and made a part hereof as Exhibit C (1hereinafter called --------- "Landlord's Improvements") year after which include, without limitation, an approximately 100,000 square foot two-story office building and operations center, and all on- site and off-site improvements shown on the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained plans and meet all applicable city code specifications and FAA requirements. It is expressly understood that upon required for the expiration operation of the LeaseDemised Premises as an office building and operations center, substantially as depicted on Exhibit B, including but not --------- limited to (i) all hangar off-site and on-site land clearance, land balancing and gradings; (ii) all road improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor including acceleration and deceleration lanes and signals (mechanical or otherwise) for the apportioned costs control of roadway improvements vehicular and pedestrian traffic (if required); (iii) all utility extensions to the Demised Premises, including, but not limited to: excavation, pavingall storm sewers, drainagewater mains, storm drains, and retention basins; (iv) all entrances, exits, driveways, roadways, service drives, parking areas, curbing and sidewalks for automotive and pedestrian ingress and egress to and from the Demised Premises and adjacent public streets and highways; (v) landscaping and all on-site traffic and parking lot striping and control signs, lighting and any fencing required or screening walls; and
(vi) the procurement of all building and other permits and approvals necessary for all extensions constructing Landlord's Improvements but only as and to the extent more particularly described in the Outline Plans and Specifications. It is the intent of the access road parties that the Landlord's Improvements, which shall be provided by Landlord at its sole cost and expense, shall result in the delivery of a turnkey facility ready for installation of Tenant's personal property and equipment. Landlord shall diligently prosecute Landlord's Improvements, in a first-class and good and workerlike manner, using good materials, in accordance with the Final Plans and Specifications and with the Construction Schedule (as hereinafter defined), and in compliance with all applicable laws, statutes, building codes, governmental rules, regulations, and orders of the federal, state and municipal governments, or any department or division thereof. Landlord agrees to cause final plans and specifications to be prepared in accordance with the Outline Plans and Specifications and to submit the same to Tenant within forty-five (45) days from execution of this Lease for its approval. Tenant shall review said final plans and specifications within seven (7) days of submittal and approve and/or comment on same to Landlord. If Tenant does not respond to Landlord's submission of the final plans and specifications within such seven (7) day period, then Tenant shall be deemed to have approved the same. If Tenant responds by making reasonable comments to the Leased Premises. Lessee proposed final plans and specifications, then Landlord shall be responsible revise the final plans and specifications in accordance with Tenant's comments and resubmit them to Tenant for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor approval within thirty seven (307) days from the date of invoice.
8.2 Lessee receipt of written comments from Tenant. Tenant shall have seven (7) days to approve such revised final plans and specifications. Each day beyond such seven (7) day period shall be added to the time period allotted to Landlord for the completion of Landlord's Improvements. Tenant agrees that it will not withhold its approval except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location the approval of the access improvements final plans and specifications. The final plans and specifications may be completed in parts (e.g. mechanical plans and specs, etc.) and provided to Tenant for review in such a manner and Tenant shall comply with specifications have the time period set forth about for review and approval of each such partial submittal. The final plans and specifications approved by Lessor Landlord and Tenant pursuant to this Section 2.(a) shall hereinafter ------------- be referred to as the "Final Plans and Specifications." Upon due approval said Final Plans and Specifications shall be in lieu of and shall replace Exhibit C --------- except as to nonconstruction matters contained in Exhibit C which are not -------- inconsistent with and which are not expressly and specifically superseded by said Final Plans and Specifications. Prior to, or at the time of plan’s approval. Lessee understands that those portions of, completion of the constructed Airport access improvements situated outside Final Plans and Specifications, Landlord and Tenant shall agree upon a schedule for the boundaries completion of the Leased various components of Landlord's Improvements (the "Construction Schedule") which shall become a part of this Lease as Exhibit D. Landlord agrees to appoint competent personnel to work with Tenant in the preparation of the Final Plans and Specifications and Tenant agrees to appoint an employee of Tenant or other competent personnel to review the Final Plans and Specifications so as not to unreasonably delay completion of the Landlord's Improvements. In the event there are substantial changes in the construction of the Landlord's Improvements from the Final Plans and Specifications as a result of Tenant change orders, Landlord agrees to provide Tenant with "as-built" drawings of the Demised Premises within ninety (90) days of substantial completion. When Landlord requests Tenant to specify details or layouts, Tenant shall becomeprovide such details or layouts to Landlord within the time period requested following Tenant's receipt of a written request therefor from Landlord which specifies the information required by Landlord and provides the relevant back-up information to enable Tenant to comply with such request on a timely basis. Landlord shall provide Tenant with two (2) days advance written notice of late response prior to such delay being deemed "Tenant's Delay" herein. Each day beyond Landlord's written notice requesting a response shall be added to the time period allotted to Landlord for the completion of Landlord's Improvements or in the event Tenant's delay causes delays in Landlord's schedule in excess or disproportionate to the days of Tenant's delay and said disproportionate delay was detailed in said notice to Tenant, immediately upon their Landlord's time period for completion of the Landlord's Improvements shall be extended for the period resulting from Tenant's delay. Tenant's response to Lessor’s satisfactionsuch request by Landlord shall be not inconsistent with the provisions of the Final Plans and Specifications, so as not to delay completion of the Landlord's Improvements. In any event, the property Commencement Date shall occur as set forth in Section 3 if, any delay in substantial completion, is the result of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by LessorTenant delay.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Construction of Improvements. Lessee X. Xxxxxx, at Tenant's sole cost, risk and expense, shall construct construct, erect and complete, and/or cause each of its planned facilities Subtenants to construct, erect and install therein all necessary fixturescomplete, equipment, and accessories, all of which shall be improvements approved by Landlord in accordance with this Section 10.5(A) (the terms "Improvements") upon and conditions within the Premises. The Improvements shall be constructed by, or at the direction of, Tenant or its Subtenants in a good and workmanlike manner and in compliance with all applicable building codes, zoning ordinances and other regulations. The Improvements shall be constructed by Tenant or its Subtenants on the Premises substantially in accordance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld or delayed. The approval process for the Improvements shall be as follows:
1. Tenant shall submit preliminary plans and specifications for the Improvements to be constructed, erected and completed by it and/or its Subtenants to Landlord;
2. Landlord shall have fifteen (15) days after receipt of this Lease such preliminary plans and any applicable city code specifications to approve or FAA requirements. Lessee shall complete construction disapprove of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements same, and such preliminary plans and specifications shall be deemed approved if Landlord fails to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon respond in writing to Tenant prior to the expiration of said fifteen (15) day period;
3. Tenant, within sixty (60) days after Landlord's approval or deemed approval of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor preliminary plans and specifications for the apportioned costs of roadway improvements includingImprovements, but not limited to: excavationshall complete and submit to Landlord final plans and specifications, paving, drainage, which plans and fencing required for all extensions of the access road specifications must be in substantial conformity to the Leased Premisespreliminary plans and specifications approved or deemed approved by Landlord;
4. Lessee Landlord shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within have thirty (30) days from after its receipt of such final plans and specifications to approve or disapprove of same, and such final plans and specifications shall be deemed approved if Landlord fails to respond in writing to Tenant prior to the date expiration of invoicesaid thirty (30) day period;
5. Tenant, after approval or deemed approval of the final plans and specifications, may commence construction of the Improvements shown in the approved (or deemed approved) final plans and specifications.
8.2 Lessee B. After commencement of construction of the Improvements, Tenant covenants and agrees to constructcomplete, at Lessee’s expenseor cause its Subtenants to complete, aircraft access improvementsas applicable, including without limitation drivewaysconstruction of the Improvements with reasonable diligence, taxi lanessubject to the provisions of this Section 10.5 and in conformity with the approved final plans and specifications therefor. Tenant may thereafter alter, apronsrenovate, reconfigure and/or replace the Improvements, or authorize its Subtenants to alter, renovate, reconfigure and/or replace the Improvements, and ramps build new improvements subject to its planned facility. Construction and location of the access improvements shall comply with specifications approval process set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall becomein this Section 10.5; provided, immediately upon their completion to Lessor’s satisfactionhowever, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities Landlord's approval shall not be occupied until access is completed required for any Improvements of Tenant or any Subtenant totaling no more than $40,000, individually or in the aggregate, that do not alter the "storefront" or exterior of the Premises. When available, Tenant shall furnish to Landlord a full set of as-built plans and accepted specifications for the Improvements. Notwithstanding anything herein contained to the contrary, if any Improvements (as approved by LessorLandlord) require the alteration, removal or replacement of any part of the Premises, such alteration, removal or replacement shall be undertaken by Landlord at the sole cost and expense of Tenant or its Subtenants.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of C. Title to the Leased Premises, hangar foot print, office area, parking, landscapingImprovements, and any modifications, additions, restorations, repairs and replacements thereto placed or constructed by or for Tenant or any Subtenant upon the Premises, shall be in Tenant or its successors and assigns until the expiration of the Lease Term; provided, however, that (i) the terms and provisions of this Lease shall apply to the Improvements and (ii) the Improvements (other improvementsthan furnishings, machinery, equipment, signage, trade fixtures and other movable personal property installed by or for Tenant or any Subtenant from time to time) shall be surrendered to and become the absolute property of Landlord upon the expiration or earlier termination of the Lease Term without any compensation owing to Tenant, any Subtenant or any other person or entity therefor.
8.4 The provisions provided above do D. It is expressly acknowledged and understood that Xxxxxxxx does not relieve Lessee consent, and has not by the execution and delivery of this Lease consented, to the imposition by any party whomsoever of any lien upon Xxxxxxxx's interest in the Premises. Tenant covenants and agrees that all Improvements at any time constructed upon the Premises will be completed free and clear of all liens and claims of contractors, subcontractors, mechanics, laborers, materialmen and other claimants unless Xxxxxx is contesting the imposition of such lien or claim in good faith and has furnished Landlord with indemnity reasonably satisfactory to Landlord against any loss by reason of such contest. Xxxxxx further agrees to, and does hereby, protect, indemnify, defend and hold harmless Landlord and its partners and their respective officers, directors, members, shareholders, employees and agents from compliance with and against all applicable building code requirements bills, claims, liens and acquiring all necessary licenses rights to liens for labor and permits from materials, architects, contractors and subcontractors claims, and fees, claims and expenses incident to the construction and completion of any governmental authorityImprovements.
8.5 If the aircraft hangar or E. Landlord has no construction obligations under this Lease other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever than that which is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseeexpressly set forth in Section 3.1 hereof.
Appears in 1 contract
Samples: Retail Space Lease (HCS Ii Inc)
Construction of Improvements. Lessee A. Landlord and Tenant have approved the build-to-suit building plans and construction drawings for the Improvements described in Exhibit J attached hereto and agree that, notwithstanding anything to the contrary contained in this Lease Agreement, the terms “Building Plans” and “Construction Drawings”, as used in this Lease Agreement, including, without limitation, Exhibit D, shall construct its planned facilities mean the building plans and install therein all necessary fixturesconstruction drawings, equipmentrespectively, and accessoriesfor the Improvements described in Exhibit J, all of which shall be in accordance with as amended pursuant to the terms and conditions of this Lease Agreement. From and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date Date, Tenant may make written requests for modifications to the Construction Drawings, specifying in detail the requested modification (each, a “Tenant Request”). Subject to Section 56B. below, Landlord shall provide Tenant with a written response (a “Landlord Response”) within five (5) business days after Landlord’s receipt of this Leasethe Tenant Request indicating: (i) the estimate of any increase in cost associated with the Tenant Request; (ii) the number of days of Tenant Delay (defined in Exhibit D) associated with the Tenant Request; and (iii) any additional requirements necessary to accommodate the Tenant Request. Existing improvements Landlord’s indication in the Landlord Response as to the foregoing shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that based upon the expiration reasonable determination of the Leasearchitect, all hangar improvements contractors and/or subcontractors of Landlord who are constructing the Improvements. B. Notwithstanding anything to the contrary in Section 56A. above, Tenant and Landlord hereby agree that Landlord shall become property of Lessor.
8.1 Lessee agrees not be required to reimburse Lessor for accommodate any Tenant Request that would increase the apportioned total project costs of roadway improvements including, but not limited to: excavation, paving, drainage, beyond those which Landlord would otherwise be obligated to spend based on the Building Plans and fencing required for all extensions Construction Drawings approved by Landlord and Tenant as of the access road Effective Date (after giving effect to the Leased Premises. Lessee shall be responsible for the any cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth savings realized by Lessor Landlord at the time of plansuch request or as a result of such request) unless Tenant pays to Landlord immediately upon Tenant’s approval. Lessee understands that those portions delivery of the constructed Airport access improvements situated outside Amendment (defined below) associated with such Tenant Request, the boundaries amount of such increase. Landlord hereby covenants and agrees to apply any funds deposited with it pursuant to this Section 56B. to the payment of Building costs as and when due. Subject to Landlord’s receipt of written confirmation from Tenant, after Tenant’s receipt of the Leased Premises shall becomeLandlord Response, immediately upon their completion that Tenant desires Landlord to Lessor’s satisfactionimplement a Tenant Request, Landlord will accommodate such Tenant Request if it does not increase the property of Lessor. All construction total project costs beyond those which Landlord would otherwise be obligated to spend based on the Building Plans and any connections to the runway of any apron or taxi lane shall in addition be governed Construction Drawings approved by any rules or regulations regarding Airport operations Landlord and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing Tenant as of the Leased Premises, hangar foot print, office area, parking, landscaping, and Effective Date (after giving effect to any other improvementscost savings realized by Landlord at the time of such request or as a result of such request).
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Build to Suit Lease Agreement
Construction of Improvements. (a) Lessors shall retain a contractor acceptable to Lessee to act as the general contractor and shall construct its planned facilities or cause to be constructed upon the Premises the above-referenced Improvements in accordance with certain plans and install therein all necessary fixtures, equipment, and accessories, all of specifications (the "Plans") to be prepared by Lessee's architect which shall be approved and initialed by Lessors and Lessee upon completion of the Plans. Upon completion of the Plans, Lessee's architect shall also prepare a detailed construction budget which estimates all the development costs associated with constructing the Improvements on the Premises (the "Construction Budget"), which shall be approved and initialed by Lessors and Lessee upon completion of the budget. The Construction Budget shall not exceed $550,000. Any amounts in accordance with the terms and conditions excess of this Lease and any applicable city code or FAA requirements. Lessee shall $550,000 necessary to complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements Premises shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirementspaid by Lessee, provided that any change orders requested by Lessor shall be paid by Lessor. It is expressly understood that upon the expiration Construction of the LeaseImprovements shall be subject to the following conditions:
(i) The cost of constructing the Improvements shall be the sole expense of Lessors except as set forth above; and
(ii) The Improvements being constructed on the Premises shall be completed by Lessors and Lessors' contractors in a good and workmanlike manner, pursuant to the terms of a construction contract which has been reviewed and approved by Lessors and Lessee and which shall be duly and properly executed by Lessors and Lessors' contractors. As noted below, Lessors shall assign to Lessee any warranties obtained by Lessors from any third party contractors, covering all hangar improvements shall become property or part of Lessorthe Premises, the maintenance and repair of which may be the obligation of Lessee hereunder.
8.1 Lessee agrees (b) Upon the satisfaction of the Conditions Subsequent, Lessors shall diligently attempt to reimburse Lessor obtain a building permit and shall cause construction of the Improvements (hereinafter being defined as the date that digging commences for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainagefooter locations) to be commenced as soon as possible after such building permit has been obtained, and fencing required for all extensions Lessors shall proceed with reasonable diligence to complete the construction of said Improvements within an eight month construction period thereafter. Once construction has been commenced, Lessors shall diligently and conscientiously pursue the construction of the access road Improvements to the Leased Premisescompletion. Lessee shall be responsible for cooperate fully in the cost construction process to assure the timely completion of all extensionsthe Improvements. Further, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities Lessors shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon held responsible for any delay in completion of improvementsthe Improvements when such delay results from any act or omission of Lessee, Lessee shall provide or its employees or agents, strikes, lockouts, fires, riots, unusual delay in transportation, failure of supply of construction materials, labor, machinery or equipment, other than such failure which results from an 8 ½” x 11” site plan detailing a scaled drawing act or omission on the part of the Leased PremisesLessors, hangar foot print, office area, parking, landscaping, and natural occurrences resulting in damage or delay or any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions cause beyond the control of Lessors, including but not limited to Y2K issues.
(c) Upon completion Lessors hereby agree that Lessors shall assign all of its rights and options under its separate construction contracts with third party contractors, to Lessee and that Lessee shall be a third party beneficiary under each such contract and shall be authorized to enforce the terms thereof and be entitled to exercise all rights of Lessors thereunder. In addition, Lessee shall have the right to inspect the Premises and the Improvements during construction, the right to receive notice, schedules and test results, the right to make a checklist upon substantial completion of the Improvements, the right to make a final inspection thereof, and the right to enforce any warranty rights or claims in connection with the Improvements. The above rights granted to Lessee are for the express purpose of permitting Lessee to monitor construction of the Improvements and thereafter, during the term of this Lease, to permit Lessee to enforce any representations and warranties and/or to cause the applicable contractor to make any repairs required under the construction contract.
(d) Lessors and Lessee hereby agree that no changes shall be made to the Plans for construction of the Improvements without in each case Lessors and Lessee agreeing in writing upon such changes and any impact which the same shall have upon the cost of construction.
(e) Lessee acknowledges and agrees that Lessors may alter the Plans by constructing the Building with a basement at Lessors' sole cost. Such cost shall not be part of the Construction Budget and shall not count against the $550,000 cap. Notwithstanding anything to the contrary, the basement shall not be considered part of the Premises and Lessors shall retain the right of exclusive access to such basement. The basement shall not be accessed through the Lessee's bank lobby or offices. In the event Lessors rent such basement or use it other than for storage, the parties will agree upon a division of maintenance costs. All utilities to the basement shall be separately metered. In the event Lessee utilizes the basement for other than a mechanical room, Lessee shall pay rent to Lessor in an amount the parties shall agree upon prior to Lessee's use of the basement.
Appears in 1 contract
Samples: Lease Agreement (Ohio Legacy Corp)
Construction of Improvements. Lessee (a) Attached hereto as Exhibit “B” is the proposed space plan and general description of proposed improvements to be completed in accordance with this Section 8 (“Space Plan”). The Landlord shall construct its planned facilities retain an architect to prepare final plans and install therein all necessary fixtures, equipment, and accessories, all of which shall be specifications substantially in accordance with the terms Space Plan and conditions the cost of this Lease such final plans and any applicable city code or FAA requirementsspecifications together with the Space Plan shall be paid from the allowance referenced herein. Lessee shall complete The improvements referenced in said final plans and specifications, other than the Server Room Improvements described below, are referred to herein as the “Tenant Improvements.” Landlord agrees to give Tenant a buildout allowance of Six Hundred Eighty-Two Thousand Seven Hundred Sixty Dollars ($682,760.00) for (i) the payment of hard costs (and permitting, impact, inspection fees and related fees and charges and those soft costs noted above) of construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements Tenant Improvements which shall be deemed constructed substantially in accordance with the final plans and specifications referenced herein and in the Space Plan and for (ii) the construction of a “Server Room” which shall be situated directly adjacent to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration existing ADT Server Room on the second floor of the Lease, Premises and shall be constructed by Landlord substantially in accordance with and as described in Exhibit “B” attached hereto (“Server Room Improvements”). Tenant shall be responsible for any and all hangar costs associated with completing the proposed improvements shall become property in excess of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements aforementioned allowance including, but not limited to: excavation, pavingarchitectural fees, drainageconstruction costs, permits and fencing required for all extensions similar costs and fees. Tenant shall pay such excess costs, if any, on or before taking occupancy of the access road to the Leased Premises. Lessee Landlord estimates that it will Substantially Complete the Tenant Improvements and the Server Room Improvements on or before October 1, 2005, but in any event, said improvements shall be responsible completed on or before the Term Commencement Date, subject to delays caused by acts of God, delays occasioned by governmental agencies or matters beyond the Landlord’s control. Construction shall be completed by a contractor selected by Landlord. Landlord and the contractor shall enter into a construction contract for the completion of the Tenant Improvements and the Server Room Improvements. The contractor shall be entitled to a fee not to exceed ten percent (10%) of the cost of all extensionsconstruction (hard and soft). Landlord shall require the contractor to obtain no less than three (3) bids from the electrical, as applicable, of all water, sewermechanical and drywall subcontractors, and other utilities Landlord shall deliver copies of such bids to Tenant. Landlord shall select the Leased Premises, as well as any fees for obtaining servicesubcontractors after consultation with Tenant. Lessee shall be responsible for payment at The Landlord and the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities contractor shall not be occupied until access required to utilize the lowest bid for these trades if, in the Landlord’s reasonable discretion, the Landlord is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premisesopinion that another subcontractor will provide better quality and/or a more timely delivery of construction of the Tenant Improvements and the Server Room Improvements. Prior to authorizing the contractor to proceed, hangar foot printLandlord shall obtain and deliver to Tenant a price proposal for the total cost of the Tenant Improvements and the Server Room Improvements. Should Tenant desire to seek adjustments to the price proposal, office areaTenant shall, parkingwithin twenty (20) days of submission by Landlord to the Tenant of the price proposal, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If cause the aircraft hangar or other improvements on architect and/or contractor to alter the Leased Premises are damaged or destroyed, Lessee shall do whatever plans as is necessary to repair, rebuild, or restore adjust the structure price proposal and other establish the final cost of the improvements that is reasonably acceptable to substantially the same condition existing prior Tenant. Any such alteration to the damage or destruction within 180 days plans shall not result in a material adverse modification thereof and shall not result in any modification to the building permit application and the quality of materials and design shall be consistent with the remainder of the date of destructionBuilding. Upon written request from Lessee, Lessor may extend In the 180event the Tenant is unable to alter the plans and obtain a revised proposal and submit same to the Landlord all within the said 20-day timeline period, then and in that event, the Landlord shall and is hereby authorized to proceed with construction in accordance with the original proposal submitted by the Landlord to the extent reasonably necessary due to conditions beyond Tenant. The aforementioned allowance must be utilized and expended by Tenant for the control of LesseeTenant Improvements and the Server Room Improvements only.
Appears in 1 contract
Samples: Lease Agreement (Gevity Hr Inc)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixturesa. Improvements installed or constructed on the Leased Premises or in, equipment, and accessories, all of which on or over the adjacent waters shall be in conformance with all Laws, including Brazos River Authority’s Shoreline Management Plan and Customer Guide and other rules and regulations promulgated by the Brazos River Authority from time to time and shall be of sound and substantial construction. All Improvements shall be constructed substantially in accordance with the terms plans and conditions specifications previously approved in writing by the Brazos River Authority, which shall not constitute approval by the Brazos River Authority of this Lease and any applicable city code the adequacy of engineering or FAA requirementsstructural design. Lessee shall complete accepts all responsibility for safety, structural soundness, and compliance with all applicable construction of the new improvements within one (1) year after the Effective Date of this Leasecodes as they relate to buildings, structures and facilities. Existing improvements All Improvements shall be deemed to have been appropriately installed or constructed so long as they are well-in a good and workmanlike manner and shall be properly maintained in good repair and meet all applicable city code and FAA requirementsappearance by Lessee. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor correct any substandard conditions (to be determined in the sole discretion of the Brazos River Authority) resulting from failure to properly maintain Improvements.
b. Lessee must obtain a written permit from Brazos River Authority for any Improvements to be built, installed or maintained in, on or over the adjacent waters (that is, in, on or over the area covered by the waters of the Lake when the elevation of the surface of the Lake is 1,000 feet above mean sea level, which is the normal maximum elevation of water in the Lake), and an annual charge may be made for such facilities in accordance with rates established by the Brazos River Authority. Furthermore, if Lessee desires to block off an area of the Lake for private use, a permit must be obtained from the Brazos River Authority and an annual charge may be made for such private use area in accordance with rates established by the Brazos River Authority. Rates for permits for facilities or blocked-off areas on the Lake may be established and revised from time to time by the Brazos River Authority.
c. Lessee will not, except for mechanic’s lien contracts for construction or repair of Improvements, permit or suffer to be filed or claimed against the Leased Premises or any building or Improvement thereon or against Lessor, any mechanic's, materialman's or other lien, charge or order for the apportioned costs payment of roadway improvements includingmoney. In the event any such lien, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee charge or order shall be responsible for filed or claimed, Lessee shall, at its own expense, cause the cost same to be canceled and discharged of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor record within thirty (30) days after Lessee shall have received notice of the filing thereof, or Lessee may, within said period, furnish to Lessor a bond satisfactory to Lessor against said lien, charge or order, in which case Lessee shall have the right in good faith to contest the validity or amount thereof. LESSEE HEREBY INDEMNIFIES AND AGREES TO DEFEND AND HOLD LESSOR HARMLESS from the date any loss, liability, expense (including attorneys' fees) incurred or suffered by Lessor as a result of invoiceany such lien, charge or order.
8.2 Lessee agrees d. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, expressed or implied by inference or otherwise, to constructany contractor, at Lessee’s expensesubcontractor, aircraft access improvementslaborer or materialman for the performance of any labor or the furnishing of any materials for any specific alteration, including without limitation drivewaysaddition, taxi lanes, aprons, and ramps improvement or repair that would give rise to its planned facility. Construction and location the filing of any lien against the estate or interest of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion in and to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot printnor as giving Lessee any right, office areapower or authority to contract for or permit any rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the estate or interest of the Lessor in and to the Leased Premises. Lessor shall not be liable for any labor, parkingservices or materials furnished or to be furnished to Lessee, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on to anyone holding the Leased Premises are damaged through or destroyedunder Lessee, Lessee upon credit and that no mechanic's or other lien for such labor, services or materials shall do whatever is necessary attach to repair, rebuild, or restore affect the structure estate or interest of Lessor in and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeLeased Premises.
Appears in 1 contract
Samples: Residential Ground Lease
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for all costs of construction of the cost Leasehold Improvements, including survey work and site work. Xxxxxx agrees to commence construction within the later of ninety (90) days after the date that Xxxxxx obtains all extensions, necessary permits and approvals by all governmental bodies in charge of the approval process for the construction of the Leasehold Improvements. Construction of the Leasehold Improvements shall be continuous and expedited so that the Leasehold Improvements shall be completed as applicable, soon as practical. Lessor hereby approves Lessee or an affiliate of all water, sewer, and Lessee to construct the Leasehold Improvements without further approval or consent from Lessor other utilities to the Leased Premises, as well as any fees for obtaining servicethan customary permitting issues. Lessee shall be responsible for payment at maintain (or in the time improvements are completed. event Lessee shall remit payment hires a contractor to Lessor within thirty (30) days from construct the date of invoice.
8.2 Lessee agrees Leasehold Improvements, cause its general contractor to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, maintain and ramps to its planned facility. Construction and location of require the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of general contractor to require all other contractors working on the Leased Premises shall becometo maintain) automobile, immediately upon their completion general liability and worker’s compensation/employee’s liability insurance coverage satisfactory to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by all respects conform to and comply with all applicable statutes, ordinances, building codes, rules and regulations of such authorities as may have jurisdiction over any rules or regulations regarding Airport operations aspect of said construction. Lessee, at its sole cost and must be approved of expense, shall also procure all building, safety, fire and overseen by Airport managementother permits necessary for any construction. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing Lessor with a scaled drawing bond securing the performance of Lessee, or its contractors, in constructing the Leasehold Improvements according to the specifications of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 approved plans. The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee performance bond shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior be for an amount equal to the damage or destruction within 180 days amount of the date contract of destruction. Upon written request from Lesseeconstruction, be issued by a surety reasonably acceptable to Lessor, be in a form that is reasonably acceptable to Lessor may extend and be for the 180-day timeline to the extent reasonably necessary due to conditions beyond the control benefit of LesseeLessor.
Appears in 1 contract
Samples: Land Lease Agreement
Construction of Improvements. Lessee If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall construct its planned facilities apply in lieu of the provisions of Paragraph 2.A. above and install therein all necessary fixturesthe term commencement date ("TERM COMMENCEMENT DATE") shall be thirty (30) days after delivery of the fifth floor portion of the Premises (Suite 500) to Tenant ??? being acknowledged by Landlord and Tenant that Tenant is currently in possession of the fourth floor portion of the Premises (Suite 400) and the eighth floor portion of the Premises (Suite 860) under Tenant's Lease dated March 15, equipment1995, as amended by Lease Amendment dated September 21, 1998 and by Lease Amendment Number Two of even date herewith (as amended, the "EXISTING LEASE"). If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and accessoriesTenant agrees to accept possession of the Premises at such time as Landlord delivers to Tenant possession of the fifth floor portion of the Premises, all which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of which Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall submit, if at all, within three (3) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement date, in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements , but Tenant's failure or refusal to do so shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration not negate Tenant's acceptance of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises or affect determination of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceterm Commencement Date.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Sublease (Imanage Inc)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee Xxxxxx agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeXxxxxx’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from LesseeXxxxxx, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeXxxxxx.
Appears in 1 contract
Samples: Land Lease Agreement
Construction of Improvements. (A) Lessee warrants and agrees that it is leasing the Leased Premises (and any Personalty as set forth in Article 20 herein) as is, where is, without any warranty whatsoever, and said leased Personalty, and any and all other improvements to the land, including the parking lot, approaches, and service areas, will be maintained in accordance with, and if and when improved by or on behalf of Lessee, will be constructed in all material respects by Lessee in accordance with, applicable law, ordinance, or regulation, and according to plans and specifications submitted to Lessor for its prior reasonable approval, such approval not to be unreasonably withheld or delayed, provided Lessee demonstrates adequate security for the full and complete lien free payment of construction costs in connection therewith. While otherwise also set forth in this Lease, it is herein again acknowledged that any structural improvements or HVAC added by Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all become the property of which shall be in accordance with Lessor at the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date termination of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 (B) Lessee agrees to reimburse Lessor pay, if not already paid in full, for all architectural fees and actual construction costs, to be incurred in the apportioned costs of roadway improvements includingfuture, which shall include, but not be limited to: excavation, pavingplans and specifications, drainagegeneral construction, carpentry, electrical, plumbing, heating, ventilating, air conditioning, decorating, equipment installation, outside lighting, curbing, landscaping, blacktopping, electrical sign hookup, conduit and wiring from building, fencing, and fencing required parking curbs, builder's risk insurance (naming Lessor, Lessee, and contractor as co-insured), and all construction bonds for all extensions improvements made by or at the direction of the access road Lessee, to the Leased Premisesextent incurred or authorized by Lessee. Lessee agrees that no improvements shall be responsible commence on the Leased Premises unless and until Lessee has demonstrated to Lessor's reasonable satisfaction that Lessee has sufficient funds available to complete and pay in full for any contemplated improvements, and Lessor has received copies of all contracts for the cost construction of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access such improvements, including without limitation drivewaysany financing thereof. In the payment for any such improvements, taxi lanes, apronsLessor may require that Lessee shall follow commercially reasonable escrow disbursement procedures to protect Lessor's interest in the Leased Premises from liens and encumbrances, and ramps Lessor shall be a third party beneficiary to its planned facility. Construction and location of such disbursement procedures.
(C) Opening for business in the access improvements Leased Premises by Lessee shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries constitute an acceptance of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed an acknowledgment by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on that the Leased Premises and Personalty are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore in the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseedescribed under this Lease.
Appears in 1 contract
Samples: Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Construction of Improvements. All improvements required by Lessee on the leased premises shall be constructed by Lessee at its sole cost and expense and shall be constructed in a thorough and xxxxxxx-like fashion. Prior to construction of any such improvements, the Lessee shall construct its planned facilities submit to the Lessor detailed plans and install therein all necessary fixturesspecifications detailing the proposed improvements to be constructed, equipment, and accessories, all the construction of which shall not begin until approved in writing by the Lessor. All improvements shall be constructed in accordance with all applicable laws, rules, regulations, and ordinances. Xxxxxx further agrees to comply with all federal, state, and local laws, ordinances, and zoning provisions in the terms construction and conditions operation of this Lease and any applicable city code or FAA requirementsthe improvements on the leased premises. Lessee shall complete construction have no authority to subject the leased premises or any part thereof or any interest of Lessor therein to any mechanics or other statutory or judicial lien. Should any mechanics or other lien, statement, or claim be filed or recorded against the new improvements within one (1) year after the Effective Date leased premises, or any interest of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration Lessor thereon, by reason of the LeaseLessee's acts or omissions or because of any claim against Xxxxxx, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall cause the same to be responsible for the canceled and discharged of record at Lessee's sole cost of all extensionsand expense, as applicableby bond or otherwise, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days after notice from the date Lessor; provided, however, that so long as Lessee has not been in breach or default of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvementsobligation under this Lease, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing have the right, in good faith and through appropriate proceedings, at Xxxxxx's sole cost and expense, to contest the amount or validity of any such claim so long as such contest does not submit the Leased Premisesleased premises to sale in enforcement of such lien or claim and provided the Lessee provides to Lessor such collateral, hangar foot printsecurity, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other assurances as Lessor reasonably shall request in connection therewith. Lessee shall, prior to the construction of any improvements on the Leased Premises are damaged or destroyedleased premises, Lessee shall do whatever is necessary require any contractor who provides such work to repair, rebuildprovide a payment and performance bond in the full amount of the contract, or restore the structure and other improvements to substantially the same condition existing prior assurances acceptable to the damage Lessor. Furthermore, any such payment or destruction within 180 days performance bond shall list the Lessor (County of the date Xxxxxx) as a beneficiary of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseesaid bonds.
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee (a) The Building shall consist of approximately 182,305 square feet. In addition, Landlord shall construct its planned facilities on the Land a parking lot containing at least the number at parking spaces as set forth on Exhibit B ("Initial Parking"). Tenant shall have the right to expand or contract the area of the Building by ten percent (10 %) prior to Landlord's commencement of construction or as a Change Orcl4r (as defined below) if Landlord has had the plan for the Land and install therein Building approved. The actual square footage of the Building shall be deemed, for all necessary fixturespurposes, equipmentto be that amount of square footage as is determined by the architects for Tenant and Landlord, in the event the architects for Tenant and accessoriesLandlord are unable to agree on the technology be utilized in calculating square footage, the parties hereto agree to utilize BOMA's most current method for measuring industrial properties. In the event the architects cannot agree on the actual measurement of the square footage, they shall select, in good faith, a third architect whose decision shall be binding on both parties as to the amount of square footage contained in the Building,
(b) Landlord shall provide; at Landlord's sole cost and expense, all the material, labor and equipment necessary for the construction of which shall be the Improvements in accordance with the terms and conditions of this Lease Agreement. Landlord shall cause the Improvements to be constructed in a. good and any applicable city code workmanlike manner in accordance with the preliminary plans and specifications attached as or FAA requirements. Lessee shall described in the attached Exhibit B (the "Preliminary Plans and Specifications") or as revised for timely acceptance of value engineering alterations as reflected on Exhibit B. Except as otherwise provided herein, Landlord shall, at its sole expense, complete the construction of the Improvements in accordance with all applicable statutes (including, without limitation, the Americans with Disabilities Act) and building codes, governmental rules, regulations and orders, zoning and land use laws, rules and regulations, and recorded covenants, conditions and restrictions affecting right to the Premises ("Legal Requirements"). Landlord shall provide Tenant with "as-built" drawings of the Improvements within sixty (60) days after substantial completion.
(c) Landlord shall cause its architect, Gromatsky & Dupree, to prepare float plans xxx xxecifications, including all necessary working drawings ("Final Plans'1) (i) for civil, utility and grading plan within twenty- one(21) days after Lease execution; (ii) for the Building core and shell, on or before July 2X, 1997; and (iii) for interior improvements on or before October 6, 1997. The Final Plans shall include the drawings referred to in Exhibit I! and shall be consistent with the Preliminary Plans and Specifications, Tenant shall have ten (10) business days after receipt of the Floor Plans to approve or disapprove same, in writing. Tenant shall state any objections it may have with specificity. Landlord shall then resubmit the Final Plans to Tenant within five (5) business days after receipt of Tenant's objections. Tenant must approve the revised Final Plans within seven (7) days after receipt thereof. Landlord and Tenant shall repeat this process until the Final Plans are approved.
(d) Landlord shall commence construction of the Improvements on or before fifteen days after the later of: (i) the Effective Date or (ii) the date upon which Landlord acquires fee simple title to the land, Landlord shall diligently proceed with the construction of the improvements and shall substantially complete that construction, secure a certificate of occupancy (the "Certificate of Occupancy") permitting Tenant's Lawful occupancy of the Improvements and deliver possession of the Improvements to Tenant on or before March I, 1 99L Landlord may satisfy the requirement for securing the Certificate of Occupancy by securing a temporarily or conditional certificate of occupancy from the City of Carrollton. If Landlord satisfies the requirement for securing the Certificate of Occupancy by securing a temporary or conditional certificate of occupancy, Landlord must diligently pursue and secure the issuance of a final, unrestricted certificate of occupancy (the "Final C.O.") within one hundred twenty (120) days after the date of the issuance of the temporary or conditional certificate of occupancy. If delays in the commencement of the constructions of the Improvements or the issuance of the Final C. 0. occur by reason of forte majeure, as defined in Section 41 of this Agreement or those that occur by reason of acts or omissions on the part of Tenant or those acting for or under the direction of Tenant, including but rot limited to change orders, are collectively referred to in this Agreement as "Tenant Delays" (all of which delays are collectively referred to in this Agreement as "Excused Delays") (all other delays are defined as "Landlord Delays"), the date established above For the commencement of the construction of the Improvements or obtaining the Final CO. will be postponed by the aggregate duration of the Excused Delays. In order for a delay to constitute an Excused Delay, Landlord must give Tenant written notice of the occurrence of the delay and its probable duration within ten (10) business days following its 000tix-rence or the "Weekly Progress Meeting" (as hereinafter defined), next following the event, whichever is sooner. Upon obtaining substantial completion, Landlord's architect shall issue its written notice of substantial completion ("Notice of Substantial. Completion") certifying that Landlord has substantially completed construction of the Improvements in compliance with the Fir's] Plans and Specifications. I~ the event Tenant disputes Landlord's determination of substantial completion, the decision of an architect selected jointly by Landlord and Tenant, shall be final and binding. Such architect shall be selected within sixty (60) days of the Effective Date of this Agreement. The only issue to be decided by such architect is whether Landlord's architect was correct in determining the date of substantial completion. For purposes of such determination~ substantial completion shall mean that the Improvements have been made suitable for use or occupancy by Tenant and is in a condition to serve its intended purpose, but may require minor miscellaneous work and adjustment, If, as a result of Tenant Delays, Landlord fails to complete the construction of the Improvements and to secure the Certificate of Occupancy by March 1, 1998, or the date of the expiration of the period that begins on March 1, 1995, and that ends for the aggregate number of days of Excused Delays (other than Tenant Delays) that occur, if any, Tenant shall continue paying Base Rent and additional rent on the earlier of the Rent Commencement Date (as hereinafter defined), or the date of the expiration of the period that begins on March 1, 1993, and that extends for the aggregate number of days of Excused Delays (other than Tenant belays) that occur, if any. Representatives of Landlord and Tenant shall together inspect the Improvements upon the issuance of Notice of' Substantial Completion and shall generate a punch list within thirty (30) business days after the inspection or within such shorter time that Tenant may reasonably request not sooner than seven (7) days from the issuance of the Notice of Substantial Completion. Landlord shall diligently pursue and complete any punch list hems and remedy any non-conforming or detective work within sixty (60) days thereafter.
(e) Tenant's obligation to pay Base Rent and additional rent will commence on a date that is seven (7) days following the later of (i) Landlord's architects giving Notice of Substantial Completion or as determined by third party architect as the case may be; (ii) Landlord's tender of possession of the Improvements to Tenant; and (ill) Landlord's obtaining a Certificate of Occupancy (or other temporary or conditional certificate as allowed ,under Section 2(d)) ("Rent Commencement Date"). if prior to Landlord's substantial completion of the Improvements, the Improvements are partially ready for Occupancy, Tenant may, with Landlord's consent, occupy the portion of the Improvements that is ready for occupancy and, in the event of such early occupancy, Tenant shall commence payment of Base Rent to Landlord on the date on which Tenant first commences business operations, which date shall be the "Commencement Date" for purposes of this Agreement. If, prior to substantial completion of the constructions of the Improvements, Tenant occupies a portion of the improvements without conducting business operations, the terms of this Agreement, excepting only the obligation to pay Base Rent, will apply to that occupancy. Landlord agrees to keep Tenant reasonably informed of the progress of Landlord's construction of the; Improvements and agrees to give Tenant written notice of the date upon which Landlord anticipates substantial completion of that construction will occur at least sixty (60) days in advance of that projected date. Commencing on Tenant's receipt of that notice, Tenant's employees and contractor$ may enter the Improvements for the purpose of Staffing in accordance with Legal Requirements Tenant's machinery, equipment, fixtures and other personal property ("Tenant Activities"). Subject to the terms of this Agreement, Tenant may have access to the Premises at all times. Tenant may exercise that privilege only if Landlord reasonably determines that Tenant's employees and contractors will not interfere with Landlord's timely completion of the construction of the Improvements and all the insurance coverages required under Section 15 of this Agreement are in place, In the event any of Tenant's Activities interfere with Landlord's timely completion of construction, Landlord shall initially provide written notice to Tenant which shall set forth the nature of the interference. Tenant shall immediately cease such interference. in the event Tenant fails to cease such interference, Landlord shall have the right to suspend Tenant's Activities within the improvements until such time that resumption of Tenant's Activities will not interfere with Landlord's work. In the event Tenant thus to promptly suspend such activities and such interference causes damage or loss to arise, including but not limited to, loss or damage sustained by Landlord's contractors or subcontractors, Tenant shall indemnify and hold Landlord harmless from any such loss ~r damage. Landlord's consent to Tenant's Activities shall not be construed to be a waiver of Landlord's rights to assess Tenant Delays, Entry by Tenant's employees and contractors for this limited purpose will not constitute Tenant's acceptance of the improvements or give rise to any obligation to pay Base Rent of additional rent with respect to the improvements,
(t) Landlord shall incorporate only new improvements within materials and equipment into the construcitos of the improvements. Landlord shall guarantee the Improvements against defects in materials and workmanship for one (1) year after Notice of Substantial Completion. Provided, however, that all items that are identified on the Effective Date of this Lease. Existing improvements punch list that are remedied or corrected shall be deemed covered for a period of one (1) year from the date~ of completion of the punch list as certified by Landlord's architect. Landlord shall deliver to Tenant originals of all continuing assignable guarantees and warranties issued and made in connection with the construction of the Improvements. Except for those warranties which remain Landlord's responsibility pursuant to Section 8(a) below, Tenant may elect to enforce such warranties or guaranties or may elect to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirementsLandlord enforce same. It is expressly understood that upon Landlord agrees to cooperate with Tenant, at Tenant's expense after the expiration of the Leaseone year warranty period, all hangar improvements shall become property of Lessorto enforce such warranties or guaranties.
8.1 Lessee agrees (g) Tenant may request changes in the Final Plans consisting of additions, deletions, value engineering items or other revisions to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all Improvements anti extensions of the access road progress schedule, The parties will evidence agreement to such changes by signing change orders ("Change Orders") in the Leased Premisesform of the attached Exhibit C and, upon the signing of a Change Order, Landlord shall prosecute the changes in accordance with the requirements of that Change Order. Lessee Landlord and Tenant shall be responsible not unreasonably delay or refuse to sign Change Orders reflecting changes requested by Tenant For the purposes of this Agreement, the terra "Change Order Cost" for editions, deletions or other revisions means the amount by which the aggregate cost Landlord will necessarily incur in connection with the construction of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvementsImprovements, including without limitation drivewaysthe costs of labor and material, taxi lanesdesign fees, apronsdevelopment fees (not to exceed 5% of the total cost)) commissions, interest and other carrying coats, and ramps sales or other excise taxes Landlord must pay in connection with the purchase of materials and services, will increase or decrease with respect to its planned facility. Construction and location the construction budget included in Exhibit B by reason of the access improvements shall comply implementation. of a change Tenant requests with specifications respect to the Final Plans and for the value engineering items in the amounts set forth by Lessor in Exhibit B. Landlord and Tenant will cooperate in good faith to arrive at a mutually agreeable Change Order Cost using the time construction budget in Exhibit B. If the sum of plan’s approval. Lessee understands all Change Order Costs set forth in fully executed Change Orders (the "Aggregate change Order Change") is a negative number thereby reflecting that those portions Landlord will realize savings in the estimated aggregate cost Landlord will necessarily incur in connection with the construction of the constructed Airport access improvements situated outside the boundaries Improvements by reason of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfactionimplementation of Tenant's requested changes, the property of Lessor. All construction and any connections parties will lower the annual Base Rent by art amount equal to the runway of any apron or taxi lane shall in addition be governed cost savings multiplied by any rules or regulations regarding Airport operations and must be approved of and overseen the Yield Rate as defined below divided by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing the total square footage of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 Building. The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee term "Yield Rate" shall do whatever is necessary mean an annual rate of interest equal to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days 10.5%. An example of the date of destruction. Upon written request from Lesseereduction, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseeassuming a $100,000.00 negative Aggregate Change Order cost is, as follows: $100,000.OO x 0.105 $.0576 per square foot if there is a One Hundred 182,305 Thousand Dollar ($100,000.00) decrease.
Appears in 1 contract
Samples: Lease Agreement (TWL Corp)
Construction of Improvements. Lessee shall construct its planned facilities Following completion of the Standard Building Shell, Landlord agrees to expend the TI Allowance or such lesser amount as may be sufficient (the “Expended Allowance”) as and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance with when Landlord incurs costs for the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of permanent improvements (collectively, the new improvements within one (1“TI Work”) year after to the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the LeaseBuilding 2019 Expansion Space, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, pavingcosts associated with architectural design, drainageengineering, preparation of plans and specifications, permits and fees, labor and materials, equipment purchase or rental, amounts paid to contractors, including contractor profit and overhead, provided that all such TI Work shall be done in accordance with plans and specifications that are mutually approved by Landlord and Tenant. Landlord agrees to commence installation of the TI Work as promptly as may be reasonably possible after said plans and specifications are mutually approved and all necessary permits are obtained, to make reasonable efforts to minimize any disruption to Tenant’s business operations as a result of such installation, and fencing required to prosecute such installation to completion with commercially reasonable diligence. Materials used for said TI Work shall be of the same or similar quality as those materials previously used by Landlord in the repair and improvement of the Premises pursuant to the Lease; provided that Tenant may elect to use better quality materials as part of the plans approval process. The work order or contract between Landlord and its general contractor for construction of the TI Work shall be a fixed-price work order or contract for all extensions of the access road to the Leased Premises. Lessee work contemplated and shall be responsible for reasonably priced, and Landlord shall give Tenant a copy thereof at least five (5) business days before it is fully executed and delivered by Landlord and its general contractor. Tenant acknowledges that the amount of such contract will not include the cost of all extensionsany change orders or corrections issued by the architect or Tenant. If the cost of any such change orders or corrections causes the total cost for the TI Work to exceed the amount of the TI Allowance, as applicablethen Tenant shall, upon presentation of all waterinvoices or other reasonable proof of the cost thereof, sewerpay, or reimburse Landlord for, such excess: provided that, if a change order is issued by Tenant, then, before Landlord implements said change order, Landlord shall obtain Tenant’s approval of the estimated cost of implementing that change order; provided further that, if a correction is required due to a defect in the original construction of the building or to complete the Standard Building Shell, then such correction shall be made at Landlord’s sole cost and expense, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities cost thereof shall not be occupied until access is completed and accepted by Lessorcharged against the TI Allowance.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease (Health Net Inc)
Construction of Improvements. Lessee All leasehold improvements constructed by or on behalf of Tenant within the Premises (“Tenant Work”) shall construct its planned facilities be done in accordance with plans and install therein all necessary fixturesspecifications prepared and stamped by a licensed architect and first approved by Landlord which approval shall not be unreasonably withheld, equipmentconditioned or delayed. Landlord shall review Tenant’s construction plans and specifications as provided for below. In any event, cosmetic work such as painting, carpeting and wall coverings shall not require Landlord’s consent and no prior notice to Landlord of such work is required. Within ten (10) business days following Landlord’s receipt of the plans and specifications for any Tenant Work, Landlord shall have the right to notify Tenant as to which portions of such Tenant Work must be removed by Tenant at the expiration or earlier termination of this Lease (the “Removal Items”), and accessoriesthe Removal Items so designated by Landlord within said ten (10) business day period shall be removed by Tenant at the expiration or earlier termination of this Lease, and Tenant shall repair any damage cause by such removal and restore that portion of the Premises to the condition the Premises were in prior to the installation of the Removal Items, reasonable wear and tear and damage by fire or other casualty or taking excepted. Other than the Removal Items, Tenant shall have no obligation, upon the expiration or earlier termination of this Lease, to remove any component of the Tenant Work or any cabling, but Tenant may remove any fixtures or equipment installed as part of the Tenant Work or remove trade fixtures that are specific to Tenant’s business operations. All Tenant Work shall be done by qualified contractors and laborers, in a good and workmanlike manner and in full compliance with this Lease and all applicable laws and lawful ordinances, regulations and orders of governmental authorities and insurers of the Building and/or the Premises. Before Tenant begins any Tenant Work, it shall (i) secure all licenses and permits necessary therefor (it being understood that Landlord shall, at Tenant’s expense, cooperate with Tenant in securing all such licenses and permits), (ii) deliver to Landlord a statement with names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them (iii) cause each contractor and subcontractor to carry (1) workers’ compensation insurance in statutory amounts and employer’s liability insurance with limits not less than $1,000,000 per accident covering all the contractor’s and subcontractor’s employees, and (2) comprehensive general liability insurance with such limits as Landlord may reasonably require, but in no event less than $10,000,000 combined single limit for bodily injury and property damage insurance, all such insurance to include coverage for premises operations, broad form property damage, owner’s and contractor’s protective liability and completed operations for one (1) year; provided, however, that for Tenant’s Initial Construction (as defined in Exhibit C) during the Early Access Period, the combined single limit for the comprehensive general liability insurance and umbrella excess liability insurance shall be $5,000,000, and (iv) obtain all risks property insurance against loss or damage to Tenant’s work pending completion of the improvements. All insurance referred to in clauses (iii) and (iv) above shall be written by companies reasonably approved by Landlord and shall insure Landlord, Landlord’s property managers and sub-managers, Mortgagees, the names and addresses of which shall be provided by Landlord to Tenant, and Tenant as additional insureds, as their respective interests may appear, as well as the contractors and subcontractors as appropriate, and all such insurance shall contain a waiver of subrogation provision in favor of all insureds and shall be primary coverage as to any other coverage maintained by any insured other than Tenant. Prior to commencing any work within the Premises, Tenant shall deliver, or arrange to be delivered, to Landlord: (a) certificates of all insurance referred to in clauses (iii) and (iv) above; and (b) a lien and completion bond, bank letter of credit, or other security satisfactory to Landlord, in an amount adequate, in Landlord’s judgment, to protect Landlord against materials and mechanics’ liens which may be filed in connection with such work and to insure completion of such work. The foregoing notwithstanding, Tenant agrees to promptly pay when due the entire cost of any Tenant Work, and not to cause or permit any liens for work to attach to the Premises or the Building and immediately to discharge or bond off any such liens which may attach. Landlord may inspect any Tenant Work at any reasonable time upon reasonable notice; provided, however, Landlord shall, except in case of emergency, (i) give Tenant not less than 24 hours’ prior notice of such inspections and (ii) conduct such inspections so as to minimize interference with the construction work of Tenant. Tenant shall, and shall require its contractors to, insure and indemnify Landlord and hold it harmless from and against any cost, claim or liability arising from any Tenant Work, all such insurance and evidence of indemnification to be in form and substance reasonably satisfactory to Landlord. Tenant, at Tenant’s expense (but Landlord shall provide the Tenant Improvement Allowance described in Section 1 and in Exhibit C), shall perform all Tenant Work considered necessary or desirable by Tenant to make the Premises ready for Tenant’s occupancy in accordance with the terms and conditions provisions of this Lease and any applicable city code or FAA requirementsExhibit C, other than the Landlord’s work described on the attached Exhibit C-1. Lessee shall complete construction of Except as otherwise provided on the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements attached Exhibit C-1, such Landlord’s work shall be deemed to have been appropriately constructed so long as they are well-maintained performed by Landlord (or at Landlord’s direction) during the Early Access Period and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from LesseeTerm Commencement Date, Lessor may extend the 180-day timeline subject to the extent reasonably necessary due to conditions beyond the control of LesseeSection 31 below.
Appears in 1 contract
Samples: Lease (Rapid Micro Biosystems, Inc.)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipmentIn furtherance of Xxxxxx’s proposed use of the Premises, and accessoriesnotwithstanding any general limitation otherwise contained in this Lease, all it is specifically contemplated that Tenant shall engage in restoration and remodeling of which the Premises (hereafter “Improvements”) in an effort to make the Premises suitable for Tenant’s operations. Tenant shall be engage in accordance and complete the proposed Improvements consistent with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of Lease, including but not limited to the new improvements within one following additional provisions:
(1) year Tenant’s remodeling efforts are expected to involve the following: HVAC repair/replacement, door and window repair/replacement, restoration of restrooms, fixtures, and plumbing, electrical updates. In addition, updates to flooring and fixtures, landscaping and signage, as well as security and cameras are expected. All remodeling efforts and Improvements shall be pre-approved by and completed to the satisfaction of the Landlord through the Director of Public Works.
(2) Tenant has provided an initial cost estimate, for the time, labor, and materials needed to complete the above referenced work, in the total amount of $32,000.00. Xxxxxx has also indicated that said work would likely be completed in 90 to 120 days after approval has been granted, in Tenant’s hope to begin business operations by May 1st, 2017. In the Effective Date event that Tenant undertakes and completes said work to the satisfaction of Landlord, Tenant shall be entitled to a dollar for dollar credit, upon presentation of approved expenses, against rent due under this Lease during the Term or Renewal Terms. Tenant may withhold rent payments due pending application of such credit towards any rent due. Rent shall be paid normally when credits no longer cover the rent amount accrued.
(3) Tenant, after receiving conceptual plan approval, shall diligently pursue any further site plan approvals or other construction related approvals applicable under federal, state, or local law and shall proceed and continue through construction only if all applicable approvals have been granted.
(4) As further provided by this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee Tenant shall be responsible for maintaining the cost condition of all extensionsthe building and shall ensure the building suffers from no major defects at any time, as applicable, of all water, sewer, except for normal wear and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoicetear.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location (5) Tenant shall maintain a commemorative sign in the building discussing the history of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by LessorXxXxxxxx Terminal Building.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which No buildings or improvements shall be constructed on Tenant's Demised Premises except in accordance with with: (i) the site plan, elevation and exterior detail plans therefor approved by Kmart in writing prior to the commencement of construction and (ii) the terms and conditions of this Lease all matters of record as set forth in the Title Report, as defined in Paragraph 11. No construction activity on Tenant's Demised Premises shall interfere with the operation or use of Kmart's Demised Premises. No signs or exterior lighting may be erected or placed on Tenant's Demised Premises except as have been previously approved by Kmart in writing, which approval shall not be unreasonably withheld, and as are in conformance with all the requirements of all laws, ordinances, codes, orders, rules and regulations of all governmental authorities having jurisdiction over Tenant's Demised Premises ("Government Regulations"). Tenant shall submit to Kmart, for Kmart's approval complete plans and specifications for the Improvements, including, without limitation, dimensions for the Tenant's proposed building, the placement, size and configuration of signs and satisfactory evidence that Tenant's Demised Premises can accommodate a 7,500 square foot building with adequate parking and information concerning Tenant's procedure for mobilization, phasing and storage of materials and equipment, sufficient for Landlord to ascertain any applicable city code or FAA requirements. Lessee shall complete construction interference with customary operations of the new improvements site which may occur as a result of Tenant's construction activities ("Tenant's Plans and Specifications"). If Kmart disapproves Tenant's Plans and Specifications, Kmart shall provide Tenant with a detailed statement as to the changes required for approval. Tenant shall have fifteen days after Tenant's receipt of Kmart's disapproval to either:
(i) submit revised plans and specifications to Kmart that comply with Kmart's detailed statement of required changes, or (ii) terminate this Consent Agreement and the Tenant Lease by written notice thereof to Kmart. If Tenant's Plans and Specifications are accompanied by written notice stating the deadline for response and the consequence for failure to timely respond, Kmart's failure to give notice to Tenant of its approval or disapproval within forty-five (45) days of its receipt of Tenant's Plans and Specifications, when required to do so, shall be deemed Kmart's approval. Notwithstanding anything herein to the contrary, no building or other structure to be constructed by Tenant or to be caused to be constructed by Tenant on any portion of Tenant's Demised Premises shall exceed one (1) year after story or twenty four (24) feet in height, whichever is smaller, and shall contain no more than 7,500 square feet. Notwithstanding the Effective Date foregoing, Tenant shall have the right to construct one (1) clear tower extending to a height of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are wellthirty-maintained seven (37) feet on Tenant's Demised Premises and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration pitch of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor roof may extend the 180to a height of twenty-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseenine (29) feet.
Appears in 1 contract
Construction of Improvements. Lessee (a) Tenant shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which shall be leasehold improvements to the Premises in accordance with the terms and conditions provisions of this Lease Section. Once installed, all such leasehold improvements with the exception of a 50 Hz generator shall be part of the Premises and shall be the sole property of Landlord. Landlord shall have no obligation to construct any applicable city code or FAA requirementsleasehold improvements to the Premises.
(b) All leasehold improvements constructed by Tenant within the Premises shall be done in accordance with plans and specifications first approved by Landlord. Lessee Tenant shall complete submit to Landlord for Landlord's approval all plans and specifications for Tenant's construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed any leasehold improvements, alterations or additions in or to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration any part of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee Landlord shall be responsible for the cost of all extensions, review such plans and specifications as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor submitted within thirty (30) business days from after the date receipt thereof and shall notify Tenant if Landlord approves or disapproves such plans and specifications. If Landlord disapproves such plans, Landlord shall specify the reasons for its disapproval of invoice.
8.2 Lessee agrees any aspect of such plans. Tenant shall prepare any revisions to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, apronssuch plans and specifications which may be necessary as a result of Landlord's disapproval and complete and revise the same so that the plans are satisfactory to, and ramps to its planned facility. Construction and location have been approved by, Landlord within seven (7) business days after Landlord's request for revisions of the access improvements same. Landlord and Tenant shall comply initial the plans and specifications after the same have been submitted by Tenant and approved by Landlord. Tenant agrees that Tenant's construction shall be built in accordance with such final plans and specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall becomemeet all federal, immediately upon their completion to Lessor’s satisfactionstate and local governmental requirements, the property of Lessor. All construction including, without limitation, all applicable zoning laws, building codes, environmental codes, rules, ordinances or regulations, and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or applicable laws and regulations regarding Airport operations and must be approved of and overseen by Airport managementaccommodations for handicapped persons. Constructed facilities Landlord shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon deemed unreasonable for withholding approval of any improvements, alternations or additional which (i) adversely affect any structural, mechanical, plumbing HVAC electrical or exterior elements of the Building, or (ii) will require unusual expense to re-adapt the Premises to normal warehouse use on termination of the Lease or (iii) will increase the cost of construction or of insurance or taxes on the Building or the Premises, unless Tenant agrees in writing to pay all such costs. Tenant shall provide Landlord with a full set of as-built plans for the Premises so improved upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other such improvements.
8.4 The provisions provided above do not relieve Lessee from (c) All construction work in the Premises shall be done by contractors and laborers approved by Landlord, in a good and workxxx xxxe manner and in compliance with the Lease, all applicable building code requirements laws and acquiring ordinances, regulations and order of governmental authority and insurers of the Building or the Premises. Tenant further covenants that it shall 1 not employ or permit the use of any contractors or laborers or otherwise take any action in connection with any work to the Premises which might in any was result in a labor dispute or disharmony with any personnel providing services at the Building. Before Tenant begins any work, it shall secure all necessary licenses and permits necessary therefore and cause each contractor to carry (1) workmen's compensation insurance in statutory amounts covering all the contractor's subcontractor's employees, (2) comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than $1,000,000, and (3) property damage insurance with limits of not less than $1,000,000 (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance; and secure casualty insurance against loss or damage to Tenant's work pending completion and deliver evidence of such insurance to Landlord. Tenant agrees to pay promptly when due the entire cost of any work done in the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection with its work to attach the Premises and immediately discharge any such work liens which may attach. Landlord may inspect the work at any time. Tenant shall indemnify Landlord and hold it harmless from and against any cost, claim or liability arising from any governmental authority.
8.5 If work done by or at the aircraft hangar direction of Tenant. All work shall be done so as to minimize interference with other tenants and with Landlord's operation of the Building or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseeconstruction work being done by Landlord.
Appears in 1 contract
Samples: Lease (Industrial Imaging Corp)
Construction of Improvements. Lessee If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall construct apply in lieu of the provisions of Paragraph 2.A. above and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises for purposes of the commencement of the conduct of its planned facilities business therein; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the Plans described on EXHIBIT C as certified by the architect, Devcon Construction Incorporated, in writing to Tenant and install therein all necessary fixtures, equipmentLandlord (subject to mutual approval by Landlord and Tenant), and accessoriesTenant's taking of possession of the Premises or any part thereof for purposes of other than the installation of telephone or data cabling or the installation of furniture or furniture systems shall constitute TENANT'S confirmation of substantial completion for all purposes hereof (subject to the completion by Landlord of any punch list items and any latent defects not visually discoverable by Tenant upon a reasonably diligent inspection and which are identified in writing by Tenant within six (6) months of the Tenant's occupancy of each Building), all whether or not substantial completion of other portions of the Building or Project shall have occurred. If for any reason beyond Landlord's reasonable control Landlord cannot deliver possession of the subject portion of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord by in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of other portions of the Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Term Commencement Date; provided, however, that if Landlord fails to tender possession of any portion of the Premises, subject to Paragraph 35 of this Lease, within ninety (90) days of the scheduled Term Commencement Date with respect to each Building, then Tenant, upon not less than thirty (30) days prior written notice to Landlord shall have the right to terminate this Lease with respect to each Building, unless within such thirty (30) day period Landlord tenders possession of each Building in the condition required by this Lease. Tenant shall not be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligation of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord's architect or general shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall submit, if at all, within seven (7) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises (subject to any punchlist exceptions according to Paragraph 6.C of Exhibit C) and to the determination of the Term Commencement Date, in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements , but Tenant's failure or refusal to do so shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration not negate Tenant's acceptance of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises or affect determination of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceTerm Commencement Date.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee (a) Landlord shall construct its planned facilities furnish, at Landlord’s sole cost and install therein all necessary fixtures, equipment, and accessoriesexpense, all of which shall be the materials, labor, and equipment necessary for the design and construction of the Improvements in accordance with the terms Final Plans and Specifications. Landlord shall construct the Improvements in a good and workmanlike manner, and in accordance with all applicable statutes and building codes, governmental rules, regulations and orders, and the covenants, conditions of this Lease and any restrictions for the Waterford Business Park and other restrictive covenants applicable city code or FAA requirementsto the Premises (collectively, “Legal Requirements”).
(b) Landlord appoints Xxxxx Xxxxxx and Xxxxx Xxxxx as its representatives and Tenant appoints Xxxxxxx X. Xxxxxxxxxx, Xxx X. Xxxxxxxx and Xxxxxx X. Xxxxx, Xx. Lessee shall complete as its representatives, to act in its behalf in dealings with the other party in matters relating to the construction of the new improvements within one Improvements. Landlord and Tenant each may replace its representative(s) with other representative(s) at its discretion; and Landlord and Tenant shall advise the other party of such substitution.
(1c) year Landlord shall construct the Premises in substantial accordance with the Final Plans and Specifications and the Development Budget, including the Tenant Allowances, as specified in Exhibit D attached to this Lease.
(d) Landlord shall commence construction of the Building and other Improvements as soon as practicable after receipt of appropriate permits from applicable governmental authorities. The commencement of site grading or site excavation will constitute the commencement of construction for purposes of the foregoing requirement. Landlord shall diligently proceed with the construction of the Building and other Improvements and shall use commercially reasonable efforts to Substantially Complete (as below defined) the Improvements and deliver possession of the Premises to Tenant on before 195 days after the Effective Date (the “Target Commencement Date”). “Substantial Completion” or “Substantially Complete” means that (i) the Improvements are substantially completed in accordance with the Final Plans and Specifications except for minor details of construction, decoration or mechanical adjustments which do not interfere in any material respect with Tenant’s access to or use or enjoyment of the Improvements and (ii) a temporary or conditional certificate of occupancy or its equivalent permitting fixturing and occupancy of the Premises has been obtained. Notwithstanding anything in this Lease. Existing improvements shall be deemed Lease to the contrary, a certificate of occupancy from the applicable governmental authority and a certificate from Landlord’s architect that the Building and other Improvements have been appropriately constructed so long as they are well-maintained completed in substantial compliance with the Final Plans and meet all applicable city code and FAA requirements. It is expressly understood Specifications shall confirm that upon the expiration Substantial Completion of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, Building and other utilities to the Leased PremisesImprovements has occurred, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceabsent manifest error.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement (3d Systems Corp)
Construction of Improvements. Lessee The term commencement date ("Term Commencement Date") shall construct its planned facilities be the earlier of the date on which: (1) Tenant first commences business operations from the Premises, or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the plans and install therein all necessary fixturesspecifications, equipmentif any, described on Exhibit C . If for any reason Landlord cannot deliver possession of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and accessoriesTenant agrees to accept possession of the Premises at such time as such improvements have been substantially completed, all which date shall then be deemed the Term Commencement Date. Tenant shall not be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall be submit, if at all, within ten (10) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements , but Tenant's failure or refusal to do so shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration not negate Tenant's acceptance of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises or affect determination of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceTerm Commencement Date.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease (Geocities)
Construction of Improvements. 10.1 Before any construction, reconstruction or alteration of the improvements on the Premises is commenced and before any building materials have been delivered to the Premises in connection with such construction, reconstruction or alteration by Lessee or under Lessee’s authority, Lessee shall construct its planned facilities comply with all the following conditions ‘or procure Port’s written waiver of the following condition or conditions:
10.2 Lessee shall deliver to Port one set of preliminary construction plans and install therein all necessary fixtures, equipment, specifications showing the proposed improvements or alterations sufficient to enable Port to make an informed judgment about the design and accessories, all quality of which construction. Lessee shall be in accordance permit Port to use the plans without payment for purposes relevant to and consistent with this Lease.
10.3 The Port shall examine the plans and specifications for the purpose of determining reasonable compliance with the terms and conditions of this Lease and any applicable city code the Protective Covenants, as hereafter defined. Approval or FAA requirementsdisapproval shall be communicated to the Lessee within thirty days (30) of a submittal. Disapproval shall be accompanied by specification in reasonable detail of the grounds for disapproval.
10.4 Lessee shall prepare, final working plans and specifications substantially conforming to preliminary plans previously approved by the Port, submit them to the appropriate governmental agencies for approval, and deliver to Port one complete set as approved by the governmental agencies.
10.5 Once work is begun, Lessee shall, with reasonable diligence, complete all construction of improvements. All work shall be performed in a workmanlike manner, substantially comply with the new improvements within one (1) year after the Effective Date of plans and specifications required by this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained , and meet comply with all applicable city code governmental permits, laws, ordinances and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessorregulations.
8.1 10.6 Lessee agrees to reimburse Lessor for shall pay the apportioned costs cost and expense of roadway all Lessee’s improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of constructed on the access road to the Leased Premises. Lessee shall be responsible not permit any mechanics’, materialmen’s, contractors’ or subcontractors’ lien arising from any work of improvement performed by or for the cost of all extensions, as applicable, of all water, sewer, and other utilities Lessee to be enforced against the Leased Premises, however it may arise. Lessee may withhold payment of any claim in connection with a good faith dispute over the obligation to pay so long as well as any fees for obtaining servicePort’s property interests are not jeopardized. Lessee shall be responsible for payment at defend and indemnify Port against all liability and loss of any type arising out of the time construction of improvements are completedon the Premises by Lessee. Lessee shall remit payment reimburse Port for all sums paid according to Lessor within thirty (30) days from this paragraph, together with the date of invoicePort’s reasonable attorneys’ fees and costs.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access 10.7 On completion of the construction of any improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth additions or alterations covered by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvementsthis Section, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing give Port notice of all structural or material changes in plans or specifications made during the course of the Leased Premises, hangar foot print, office area, parking, landscaping, work and any other improvementsshall at that time supply Port with as-built drawings accurately reflecting the work.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Plasmet Corp)
Construction of Improvements. Lessor agrees to construct for Lessee shall construct its planned facilities and install therein all necessary fixtureson the Premises an approximate 12,000 square foot building designed for office purposes, equipmentwith parking areas, drives, and accessoriesother improvements for use in connection with such building, all of which shall be in accordance with the terms plans and conditions specifications which are attached hereto as Exhibit “C” and are expressly incorporated herein. Lessor shall bear all costs of the construction and improvements set forth in Exhibit “C”. All other interior buildout of Lessee’s offices shall be at Lessee’s cost. Such other interior buildout is set forth on Exhibit “D” which is attached hereto and specifically incorporated herein. Lessor and Lessee agree that Lessor shall complete the interior buildout of Lessee’s offices under a separate and distinct contract between Lessor and Lessee. Attached to this Lease Lease, and made a part hereof as Exhibit “E”, are the Site Plans for the Premises. The Site Plans have been reasonably designed by the parties to provide Lessee with the ideal layout for its use. Lessor agrees to submit said Plans to the City of Canton for zoning and Site Plan approvals. In the event that the City, by virtue of zoning, planning, engineering, utilities or for any applicable city code other reason, insists on revising said Site Plans, Lessee agrees to abide by any such revisions provided such requirements do not adversely effect Lessee’s ability to conduct business on the site. Lessee’s consent to any such revisions shall not be unreasonably withheld or FAA requirementsdelayed. Lessee may, during the course of construction alter the plans and specifications for the office building by means of dated change orders signed by both Lessor and Lessee. All change orders must describe the alteration, list the increased cost or credit to Lessee, and identify the effect, if any, on the construction schedule. In consideration of the furnishing of all materials and performance of work for any change order, Lessee hereby agrees to pay Lessor the sum of Lessor’s actual cost of the change order plus ten percent (10%). In addition, Lessee acknowledges that Lessor will charge a processing fee of Two Hundred Fifty and no/100 Dollars ($250.00) per change order, after the fifth (5th) change order, for any change requested by Lessee after the plans and specifications for the office building have been approved by Lessor and Lessee pursuant to this Agreement. It being understood, however, that no net credit remaining to Lessee will be refunded in cash or rent reduction. Lessee shall, at all times, have the right to inspect the progress of construction of improvements as provided herein. If Lessee shall complete give Lessor notice of faulty construction or of any deviation from the final plans and specifications which are incorporated herein by reference, Lessor agrees to promptly make all proper corrections. Lessor agrees to commence construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days after its obtaining building permits from the date City of invoice.
8.2 Lessee agrees Canton, and to constructproceed diligently to complete construction of the building and improvements as aforesaid within the next succeeding five (5) months. However, at if the completion of construction shall be delayed by weather, strikes, lockouts, casualties, acts of God, or other similar matters beyond Lessee’s expensecontrol, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises such completion shall becomebe extended accordingly, immediately upon their completion to but Lessor, nevertheless, agrees, notwithstanding any such matters beyond Lessor’s satisfactioncontrol, the property to complete construction on or before February 15, 2005. If minor construction items remain to be completed after Lessee accepts possession (based on issuance of Lessor. All construction and any connections to the runway a Certificate of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from LesseeOccupancy), Lessor may extend shall perform the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of work as expeditiously as possible and with minimal adverse effect on Lessee.
Appears in 1 contract
Construction of Improvements. Lessee Xxxxxx agrees to cause the Work to be completed in accordance with the Working Drawings. Lessor shall not be obligated to construct its planned or install any improvements or facilities of any kind other that those called for by Working Drawings. “Building Grade” and/or “Building Standard” shall mean the type, brand, and/or quality of the materials Lessor designates from time to time to be the minimum quality to be used in 0000-0000 Xxxxxxx Xxxx building or the exclusive type, grade or quality of material to be used in the 0000-0000 Xxxxxxx Xxxx building. The total cost of constructing the Work (including, without limitation, space planning and install therein all necessary fixturesconstruction document fees, equipmentdesign of the Work and preparation of the Working Drawings including mechanical, electrical, and accessoriesplumbing (MEPs) plans, costs of construction supervision, labor and materials, all utility usage during construction, related taxes and other costs related directly to the improvement of the Premises, all of which costs are herein collectively called the “Total Construction Costs”) as outlined in Exhibit “C” hereof shall be in accordance with borne by Lessor for all tenant improvement work, except the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction division of the lighting and heating systems due to the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements demising wall, and Lessor’s costs shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon capped at $15,000 with any excess amount above that, being amortized over the expiration term of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for Lease (the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises“Construction Allowance”). Lessee shall be responsible advised of any projected costs in excess of such amount and Lessee shall reimburse Lessor for such additional cost within fifteen (15) days of receipt of Lessor’s invoice. Lessor or its affiliate shall supervise the cost of all extensionsWork, as applicable, of all water, sewermake disbursements required to be made to the contractors, and other utilities to act as a liaison between the Leased Premisescontractors and Lessee and coordinate the relationship between the Work, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, apronsBuilding, and ramps to its planned facilitythe Building’s systems. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to In consideration for Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvementssupervision services, Lessee shall provide an 8 ½” x 11” site plan detailing pay to Lessor a scaled drawing construction supervision fee equal to three percent (3%) of the Leased Premisestotal construction costs, hangar foot printwhich cost may be deducted from the Construction Allowance. The expense to upgrade the sprinkler system to an ESFR system is being billed separately to the Lessee, office area, parking, landscaping, as an additional payment and any other improvements.
8.4 The provisions provided above do is being paid for by Lessor in an amount not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If to exceed $382,000. Should the aircraft hangar or other improvements on the Leased Premises are damaged or destroyedcost exceed $382,000, Lessee shall do whatever pay all costs above said amount. The additional payment is necessary based upon the $382,000 amortized for a period of 13 years, with interest at 8%. The payments shall be $3,946.34 per month from January 1, 2007 thru December 31, 2013. In the event Lessee exercises the Option to repairRenew as contained in Section 25 herein, rebuildthis additional payment shall cease at such time as the exercised option’s term commences. In the event the expense for the conversion to an ESFR system is less than $382,000 in total cost, or restore then the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lesseeadditional payment shall be reduced by $10.33 per month, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseefor every $1,000 below $382,000.
Appears in 1 contract
Samples: Modified Industrial Gross Lease (Excelligence Learning Corp)
Construction of Improvements. Lessee All work performed by Tenant’s contractor shall construct its planned facilities comply with all applicable ordinances, codes and install therein all necessary fixtures, equipment, regulations and accessories, all of which shall be performed in accordance a good and workmanlike manner. Tenant shall deliver copies of all permits and all periodic governmental inspection reports with respect to the terms Tenant Improvements promptly after receipt thereof by Tenant or Tenant’s contractor. Landlord should be notified in advance of requested inspections and conditions may attend inspections to observe on behalf of this Lease and any applicable city code or FAA requirementsthe Building. Lessee shall complete At all times during construction of the new improvements Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to enter the Premises to inspect the work. Tenant shall not close-up any work affecting the life safety, heating, ventilation and air conditioning, plumbing or electrical systems in the Premises until the same have been inspected and approved by Landlord’s agents. Tenant shall provide Landlord reasonable notice of the date it intends to close up work affecting life safety, heating, ventilation and air conditioning, plumbing and electrical systems in the Premises. Landlord shall inspect the work to be closed up within one three (13) year after business days of such notice. If Landlord does not inspect the Effective Date of this Lease. Existing improvements work to be closed up within three (3) business days, Landlord shall be deemed to have been appropriately constructed so long as they are well-maintained waived its right to inspect. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and meet all applicable city code Tenant shall be fully responsible and FAA requirementsliable therefor. It is expressly understood that upon the expiration Tenant shall reimburse Landlord for any repairs or corrections of any portion of the LeaseBuilding caused by any contractor, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for subcontractor, supplier, wxxxxxx or mechanic performing any work in the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises. Upon completion of the access road construction of the Tenant Improvements, Tenant shall provide Landlord with marked copies of the construction drawings indicating to the Leased Premises. Lessee shall be responsible for extent possible the cost of all extensions, as applicable, of all water, sewer, and other utilities to actual Tenant Improvements in the Leased Premises, as well as a certificate of occupancy and the results of any fees for obtaining serviceinspections and/or approvals given or required by any governmental agency. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeTenant’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location Tenant’s agent’s construction of the access improvements Tenant Improvements shall comply with specifications set forth by Lessor at the time following: (i) the Tenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Tenant’s Agents shall submit schedules of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections all work relating to the runway Tenant’s Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Tenant’s agents of any apron or taxi lane changes which are necessary thereto, and Tenant’s agents shall in addition be governed adhere to such corrected schedule; (iii) Tenant shall abide by any all rules or regulations regarding Airport operations made by Landlord’s Building manager with respect to the use of freight, loading dock and must be approved service elevators, storage of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion materials, coordination of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing work with the contractors of the Leased Premises, hangar foot print, office area, parking, landscapingother tenants, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance matter in connection with all applicable building code requirements this Tenant Work Agreement, including, without limitation, the construction of the Tenant Improvements; and acquiring all necessary licenses (iv) Tenant and permits from any governmental authority.
8.5 If its agents and contractors shall strictly comply with the aircraft hangar or other improvements on Conditions for Construction attached hereto as Exhibit F. Tenant shall pay a logistical coordination fee (the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary “Coordination Fee”) to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior Landlord in an amount equal to the damage or destruction within 180 days product of (i) five percent (5%) multiplied by (ii) the sum of the date Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of destruction. Upon written request from Lesseethe Tenant Improvements, Lessor may extend the 180-day timeline which Coordination Fee shall be for services relating to the extent reasonably necessary due to conditions beyond coordination of the control construction of Lesseethe Tenant Improvements.
Appears in 1 contract
Samples: Lease (Taleo Corp)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipmentIn furtherance of Tenant’s proposed use of the Premises, and accessoriesnotwithstanding any general limitation otherwise contained in this Lease, all it is specifically contemplated that Tenant shall engage in restoration and remodeling of which the Premises (hereafter “Improvements”) in an effort to make the Premises suitable for Tenant’s operations. Tenant shall be engage in accordance and complete the proposed Improvements consistent with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of Lease, including but not limited to the new improvements within one following additional provisions:
(1) year Tenant’s remodeling efforts are expected to involve the following: HVAC repair/replacement, door and window repair/replacement, restoration of restrooms, fixtures, and plumbing, electrical updates. In addition, updates to flooring and fixtures, landscaping and signage, as well as security and cameras are expected. All remodeling efforts and Improvements shall be pre-approved by and completed to the satisfaction of the Landlord through the Director of Public Works.
(2) Tenant has provided an initial cost estimate, for the time, labor, and materials needed to complete the above referenced work, in the total amount of $32,000.00. Tenant has also indicated that said work would likely be completed in 90 to 120 days after approval has been granted, in Tenant’s hope to begin business operations by May 1st, 2017. In the Effective Date event that Tenant undertakes and completes said work to the satisfaction of Landlord, Tenant shall be entitled to a dollar for dollar credit, upon presentation of approved expenses, against rent due under this Lease during the Term or Renewal Terms. Tenant may withhold rent payments due pending application of such credit towards any rent due. Rent shall be paid normally when credits no longer cover the rent amount accrued.
(3) Tenant, after receiving conceptual plan approval, shall diligently pursue any further site plan approvals or other construction related approvals applicable under federal, state, or local law and shall proceed and continue through construction only if all applicable approvals have been granted.
(4) As further provided by this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee Tenant shall be responsible for maintaining the cost condition of all extensionsthe building and shall ensure the building suffers from no major defects at any time, as applicable, of all water, sewer, except for normal wear and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoicetear.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location (5) Tenant shall maintain a commemorative sign in the building discussing the history of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by LessorXxXxxxxx Terminal Building.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee (a) Tenant shall construct be responsible for constructing the interior improvements within the Demised Premises (the "Improvements"). Tenant's proposed architect/engineer and construction contractor is subject to Landlord's prior approval, which approval shall not be unreasonably withheld or delayed. At least two weeks prior to obtaining its planned facilities construction permits from the applicable governmental entity, Tenant shall, at its sole cost and install therein expense, prepare and submit to Landlord for Landlord's written approval or disapproval (which approval will not be unreasonably withheld or conditioned) a complete set of plans and specifications and construction drawings (collectively, the "Plans and Specifications") covering all necessary fixtures, equipment, work to be performed by Tenant in constructing the Improvements. The Plans and accessories, all of which Specifications shall be in accordance such detail as Landlord may reasonably require and shall be in compliance with all applicable statutes, ordinances and regulations; provided, however, that Landlord's approval of the Plans and Specifications shall not be deemed to be a warranty or representation that the Plans and Specifications comply with all applicable statutes, ordinances and regulations. Landlord shall review the Plans and Specifications and indicate requested changes, if any, by written notice to Tenant, within fifteen (15) days after receipt of the Plans and Specifications by Landlord. If Landlord fails to indicate such requested changes to the Plans and Specifications by such date, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications shall be subject to Landlord's written approval.
(b) Landlord shall deliver the Demised Premises onthe Lease Date. Tenant hereby expressly acknowledges and agrees that it accepts, and shall be deemed to have accepted, the Demised Premises AS IS, WHERE IS, and as suitable for the purposes for which the same are leased hereby. Tenant's acceptance of the Demised Premises prior to the Lease Commencement Date shall not be deemed to create an obligation to pay Base Rent or Additional Rent prior to the dates set forth herein, provided that Tenant shall otherwise comply with all of the terms and conditions of this Lease upon acceptance of the Demised Premises.
(c) Tenant or its contractor shall construct the Improvements in a good, lien free, first-class and any applicable city code workmanlike manner and in accordance with the Plans and Specifications. Tenant shall carry, or FAA requirements. Lessee shall complete cause its contractor to carry, insurance reasonably satisfactory to Landlord throughout the construction of the new improvements Improvements. If Tenant shall fail to complete the Improvements by the Base Rent Commencement Date, Tenant's obligation to pay rent hereunder shall nevertheless begin on the Base Rent Commencement Date.
(d) Upon substantial completion of the Improvements, a representative of Landlord and a representative of Tenant together shall inspect the Demised Premises and generate a punchlist of defective or uncompleted items relating to the completion of construction of the Improvements. Tenant shall, within one a reasonable time after such punchlist is prepared and agreed upon by Landlord and Tenant, complete such incomplete work and remedy such defective work as are set forth on the punchlist.
(1e) year after Landlord shall reimburse Tenant for Tenant's costs (as defined in subsection (f) below) incurred in constructing the Effective Date Improvements, up to an amount equal to $29,288.70 (the "Tenant Allowance") at such time as Tenant or its contractor has:
(i) substantially completed the Improvements and received and delivered to Landlord a certificate of this Leaseoccupancy from the applicable governing authority;
(ii) delivered to Landlord lien waivers and affidavits from Tenant's contractor, all subcontractors, and all laborers or materials suppliers having performed any work at the Demised Premises relating to the Improvements, together with any other evidence reasonably required by Landlord to satisfy Landlord's title insurer that there are no parties entitled to file a lien against the real property underlying the Project in connection with such work; and
(iii) delivered to Landlord all invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Improvements.
(f) Tenant's costs for construction of the Improvements shall include the cost of the Plans and Specifications, and all tenant buildout, including, without limitation, demising walls, utilities, the heating, ventilating and air conditioning system. Existing improvements IDI Services Group, Landlord's property manager, shall be deemed entitled to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon a construction management fee in the expiration amount of $1,394.70, which amount shall be deducted from the Lease, all hangar improvements shall become property of LessorTenant Allowance.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee (g) Tenant shall be responsible for the cost all costs of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location construction of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions Improvements in excess of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by LessorTenant Allowance.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all of which Deleted: Airport Director. The Airport Director may withhold approval of Lessee’s plans and specifications when, in the Director’s reasonable judgment, the proposed development is not consistent with the plans, policies, rules, regulations, standards of quality, and practices at the Airport shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one two (12) year years after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.. Deleted: one (1)
Appears in 1 contract
Samples: Land Lease Agreement
Construction of Improvements. Lessee Landlord shall diligently construct its planned facilities the ---------------------------- Shell Building and install therein all necessary fixtures, equipment, and accessories, all of which shall be the Tenant Improvements in substantial accordance with the terms approved Shell Plans and conditions of this Lease the approved Final Interior Drawings, in a good and any applicable city code or FAA requirementsworkmanlike manner using materials specified in the Shell Plans and Final Interior Drawings and in compliance with law. Lessee shall complete construction The Shell Building and Tenant Improvements are collectively referred to as the "Improvements". Except as ------------ expressly set forth herein and as to Landlord's representation and warranty as to compliance in Section 4 of the new improvements within Lease, the Premises are leased to Tenant in --------- their "AS IS" condition and this Work Letter Agreement is intended to set forth the obligations of Landlord and Tenant with respect to the preparation of the Premises for Tenant's occupancy. Within three (3) business days following full Lease execution, Landlord's Representative shall submit a request for qualifications and proposal to at least three general contractors, licensed in the state of Texas to construct the Tenant Finish Work for the Premises (collectively, the "Request for Proposal "). --------------------- Prior to distributing the Request for Proposal, Landlord's Representative shall submit a draft of the same and a list of proposed contractors to Tenant for Tenant's review and approval. Tenant shall have the right to select at least one (1) year qualified contractor to participate in this process. Tenant shall have two (2) Business Days to notify Landlord whether it approves of the draft Request for Proposal, such approval not to be unreasonably withheld, delayed or conditioned. If Tenant disapproves of the draft Request for Proposal, then it shall specify in reasonable detail the reasons for such disapproval, in which case, Landlord shall revise the draft Request for Proposal to correct any objections and resubmit it to Tenant. Such process shall be repeated until the Request for Proposal has been finally approved. If Tenant fails to notify Landlord's Representative that it disapproves of the draft Request for Proposal within two (2) Business Days after the Effective Date of this Lease. Existing improvements draft Request for Proposal has been submitted to Tenant, then Tenant shall be deemed to have been appropriately constructed so long as they are well-maintained approved the draft Request for Proposal in question. The Request for Proposal shall require that each contractor bidding on the Tenant Finish Work must submit its qualifications and meet all applicable city code and FAA requirementsits proposal to Landlord's Representative by noon, Austin, Texas time on the fifth (5th) business day or earlier following the date on which Landlord's Representative distributes the Request for Proposal. It is expressly understood that upon the expiration Upon receipt of the Leaseapproved Final Interior Drawings, Landlord shall cause at least three contractors to bid the work. The contractors shall provide final pricing to Landlord's Representative within fifteen (15) days thereof along with a detailed cost breakdown of all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for construction costs (the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions "Bid Costs"). After --------- receipt by Landlord's Representative of the access road to the Leased Premises. Lessee bids, Landlord's Representative shall be responsible for the cost approve of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor a contractor within thirty five (305) days from the date of invoicebusiness days.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee (a) From time to time during the Term hereof, LESSEE shall construct have the right, in its planned facilities sole judgment and install therein all necessary fixturesat its sole cost and expense, equipmentto construct, and accessoriesinstall, operate, maintain, replace, remove, modify, add to, upgrade, rebuild, and/or relocate any or all of which shall be the Telecommunications Facilities within the Leased Premises in accordance with applicable laws. Notwithstanding the terms fact that certain such equipment and conditions appurtenances that are a part of the Telecommunications Facilities may be classified as fixtures under applicable law, the parties agree and acknowledge that all such equipment and appurtenances are, and shall at all times remain, the sole property of LESSEE or its Customers, as the case may be, and that LESSEE shall have the right to remove any or all of the same during the Term of this Lease Agreement and/or at the expiration or earlier termination hereof, and any applicable city code LESSOR shall have the right to require LESSEE to remove the same (including the tower foundation up to two (2) feet below grade level per industry standards) at the expiration or FAA requirements. Lessee earlier termination hereof and to restore the Leased Premises to the condition in which it existed prior to the Term hereof reasonable wear and tear excepted, in which case LESSEE shall complete construction of the new improvements within one continue to be obligated to pay Rent hereunder until such removal and restoration is completed.
(1b) year after the Effective Date of this Lease. Existing improvements The Telecommunication Facilities shall be deemed initially configured as generally set forth in the Site Plan. LESSEE shall have the right to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon modify, replace, add to, upgrade, rebuild, and/or relocate the expiration of Telecommunication Facilities at any time during the Lease, all hangar improvements shall become property of LessorTerm.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee (c) LESSEE shall be solely responsible for the cost of all extensionsoperation, as applicablemaintenance, of all water, sewerrepair of, and other utilities the insurance for, the Telecommunications Facilities.
(d) LESSEE shall not cause or permit any lien to attach to the Leased Premises, as well as Property or any fees portion thereof. If any lien is filed purporting to be for obtaining service. Lessee shall labor or materials furnished or to be responsible for payment furnished at the time improvements are completed. Lessee request of LESSEE, then LESSEE shall remit payment undertake all actions necessary to Lessor discharge such lien by payment, satisfaction or posting of bond within thirty sixty (3060) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location receipt of notice of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorsame from LESSOR.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Ground Lease Agreement
Construction of Improvements. Lessee In furtherance of Tenant’s proposed use of the Premises, Tenant shall construct its planned facilities a training facility (hereinafter “improvements”) designed to enhance Tenant’s use of the Premises and install therein all necessary fixtures, equipment, Tenant’s programs for the benefit of the community and accessories, all of which general public. Tenant shall be in accordance construct and complete the proposed improvements consistent with the terms and conditions of this Lease, including but not limited to the following additional provisions:
(1) Prior to the approval of this Lease, Tenant shall submit to Landlord conceptual plans for the proposes training facility. Landlord, by action of the City Council, may approve of this Lease after viewing said plans or conditionally approve this Lease upon the condition precedent that Tenant returns with conceptual plans acceptable to Landlord within sixty (60) days. Failure to provide acceptable conceptual plans shall terminate and void this Lease.
(2) The Premises shall be zoned properly for the Tenant’s intended use prior to any applicable city code or FAA requirementsconstruction. Lessee If re-zoning the Premises is necessary, Tenant shall complete construction apply to have the Premises re-zoned. Landlord, as owner of the new improvements within one Premises, may join in the application for re-zoning but shall not be bound by this Lease to approve said re-zoning. If a re-zoning of the Premises is necessary and the Landlord’s City Council does not approve of the necessary re-zoning, this Lease shall terminate and be deemed void.
(13) year Tenant, after receiving conceptual plan approval and the Effective Date Premises being properly zoned, shall diligently pursue any further site plan approvals or other construction related approvals applicable under federal, state, or local law and shall proceed and continue through construction only if all applicable approvals have been granted.
(4) Notwithstanding any other provision of this Lease. Existing improvements shall be deemed , if Tenant fails to have been appropriately constructed so long as they are well-maintained and meet obtain all applicable city code approvals and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor complete construction within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180Twenty-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.Four
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee All work performed shall construct its planned facilities comply with all applicable ordinances, codes and install therein all necessary fixtures, equipment, regulations and accessories, all of which shall be performed in accordance a good and workmanlike manner. Subtenant shall deliver copies to Sublandlord and Landlord of all permits and all periodic governmental inspection reports with respect to the terms First Amendment Subtenant Improvements promptly after receipt thereof by Subtenant or Subtenant’s contractor. Sublandlord and conditions Landlord should be notified in advance of this requested inspections and may attend inspections to observe on behalf of the Building or the Master Lease and any applicable city code or FAA requirementsPremises. Lessee shall complete At all times during construction of the new improvements within one (1) year after First Amendment Subtenant Improvements, Sublandlord and Landlord, and each of their respective employees and agents shall have the Effective Date right to enter the First Amendment Expansion Space to inspect the work. No inspection or approval by Sublandlord and Landlord of this Lease. Existing improvements any such work shall constitute an endorsement thereof with any governmental ordinances, codes or regulations, and Subtenant shall be deemed to have been appropriately constructed so long as they are well-maintained fully responsible and meet all applicable city code liable therefor. Subtenant shall reimburse Sublandlord and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensionsLandlord, as applicable, for any repairs or corrections of all waterany portion of the Building or the Master Lease Premises caused by any contractor, sewersubcontractor, supplier, xxxxxxx or mechanic performing any work in the First Amendment Expansion Space. Upon completion of the construction of the First Amendment Subtenant Improvements, Subtenant shall provide Sublandlord and other utilities Landlord with marked copies of the construction drawings indicating to the Leased Premisesextent possible the actual First Amendment Subtenant Improvements in the First Amendment Expansion Space, as well as a certificate of occupancy and the results of any fees for obtaining serviceinspections and/or approvals given or required by any governmental agency. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at LesseeSubtenant’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location Subtenant’s agent’s construction of the access improvements First Amendment Subtenant Improvements shall comply with specifications set forth by Lessor at the time following: (i) the First Amendment Subtenant Improvements shall be constructed in strict accordance with the Approved Working Drawings; (ii) Subtenant’s agents shall submit schedules of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections all work relating to the runway First Amendment Subtenant Improvements to the general contractor and the general contractor shall, within five (5) business days of receipt thereof, inform Subtenant’s agents of any apron changes which are necessary thereto, and Subtenant’s agents shall adhere to such corrected schedule; (iii) Subtenant shall abide by all rules made by Sublandlord, Landlord and/or the Building manager with respect to the use of freight, loading dock and service elevators, storage of materials, coordination of work with the contractors of other tenants, or taxi lane shall in addition be governed by any rules of Sublandlord or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscapingLandlord, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance matter in connection with this Work Agreement, including, without limitation, the construction of the First Amendment Subtenant Improvements; and (iv) Subtenant and its agents and contractors shall strictly comply with the Conditions for Construction. Subtenant shall pay to Landlord any and all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior fees assessed by Landlord relating to the damage or destruction within 180 days supervision and/or coordination of the date construction of destructionthe First Amendment Subtenant Improvements coordination. Upon written request from Lessee, Lessor may extend Sublandlord shall not charge Subtenant any supervision or coordinate fees in connection with the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeFirst Amendment Subtenant Improvements.
Appears in 1 contract
Samples: Sublease (Callidus Software Inc)
Construction of Improvements. Lessee shall construct its planned facilities (a) Subject to Force Majeure Matters and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance consistent with the terms of Paragraph 3 herein and conditions Exhibit C hereto, Landlord shall pursue diligently and in good faith the completion of this Lease the Building Shell Improvements and any applicable city code or FAA requirementsthe Tenant Improvements.
(b) The Tenant Improvements Allowance shall be applied by Landlord against the costs of designing, planning and constructing the Tenant Improvements. Lessee shall complete In the event the costs incurred in connection with the design, planning and construction of the new improvements within one (1) year after Tenant Improvements exceed the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the LeaseTenant Improvements Allowance, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee Tenant shall be responsible for bearing and paying such excess costs (the "Excess Costs"), as follows:
(1) Tenant shall pay to Landlord, prior to the commencement of construction of the Tenant Improvements, an amount equal to fifty percent (50%) of such Excess Costs (as then estimated by Landlord).
(2) After substantial completion of the Tenant Improvements but prior to occupancy of the Premises by Tenant, Tenant shall pay to Landlord an amount equal to ninety percent (90%) of the Excess Costs (as then estimated by Landlord), less payments received by Landlord pursuant to Paragraph 9(b)
(1) herein.
(3) As soon as the final accounting is prepared and submitted by Landlord to Tenant, Tenant shall pay to Landlord the entire unpaid balance of the actual Excess Costs based on the final costs to Landlord. The Excess Costs (if any) payable by Tenant under this Paragraph 9(b) shall constitute Additional Rent due hereunder at the time specified herein, and failure to make any such payment when due shall constitute a default of Tenant under Paragraph 28 herein. In the event the cost to complete the Tenant Improvements is less than the Tenant Improvements Allowance, Landlord will contribute such savings toward the payment of Tenant's actual reasonable moving expenses, including but not limited to actual costs for moving, cabling, telephone switcher and furniture.
(c) Except as otherwise provided above in this Paragraph 9, all installations and improvements now or hereafter placed on or in the Premises shall be for Tenant's account and at Tenant's cost. Tenant shall also pay ad valorem taxes and increased insurance on or attributable to the Tenant Improvements (to the extent of the cost of all extensionsthe Tenant Improvements is in excess of the Tenant Improvements Allowance), as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee which cost shall be responsible for payment payable by Tenant to Landlord as Additional Rent.
(d) If requested by Tenant at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location beginning of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions sixth (6th) calendar year of the constructed Airport access improvements situated outside Lease Term, Landlord will provide Tenant with a refurbishment allowance to paint and recarpet the boundaries of Premises with comparable cost and materials as provided in the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorinitial Tenant Improvements.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall construct its planned facilities apply in lieu of the provisions of Paragraph 2.A. above and install therein all necessary fixtures, equipment, and accessories, the term commencement date ("Term Commencement Date") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of which the Premises for purposes of the commencement of the conduct of its business therein; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall be have been substantially completed in accordance with the terms plans and conditions specifications, if any, Plans described on Exhibit C as certified by the architect Deveon Construction Incorporated, in writing to Tenant and Landlord (subject to mutual approval by Landlord and Tenant), and Tenant's taking of this Lease possession of the Premises or any part thereof for purposes of other than the installation of telephone or data cabling or the installation of furniture or furniture systems shall constitute Tenant's confirmation of substantial completion for all purposes hereof (subject to the completion by Landlord of any punch list items and any applicable city code or FAA requirements. Lessee shall complete construction latent defects not visually discoverable by Tenant upon a reasonably diligent inspection and which are identified in writing by Tenant within six (6) months of the new improvements within one (1) year after Tenant's occupancy of each Building), whether or not substantial completion of other portions of the Effective Date Building or Project shall have occurred. If for any reason beyond Landlord's reasonable control Landlord cannot deliver possession of the subject portion of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease. Existing , and Tenant agrees to accept possession of other portions of the Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Term Commencement Date; provided, however, that if Landlord fails to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration tender possession of any portion of the Premises, subject to Paragraph 35 of this Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions within ninety (90) days of the access road scheduled Term Commencement Date with respect to the Leased Premises. Lessee shall be responsible for the cost of all extensionseach Building, as applicablethen Tenant, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within upon not less than thirty (30) days from prior written notice to Landlord shall have the date right to terminate this Lease with respect to each Building, unless within such thirty (30) day period Landlord tenders possession of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facilityeach Building in the condition required by this Lease. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities Tenant shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and liable for any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from Rent for any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing period prior to the damage Term Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or destruction required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall submit, if at all, within 180 three (3) seven (7) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline Premises (subject to the extent reasonably necessary due any punchlist exceptions according to conditions beyond the control of LesseeParagraph 6.
Appears in 1 contract
Samples: Sub Sublease (Divx Inc)
Construction of Improvements. Lessee The term commencement date ("Term Commencement Date") shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, be the earlier of the date on which: (1) Tenant takes possession of some or all of which the Premises for the conduct of Tenant's business, or (2) the Improvements constructed or to be constructed in the Premises shall be have been substantially completed in accordance with the terms plans and conditions specifications referenced in Paragraph 39 hereof, whether or not substantial completion of the Building itself shall have occurred, and a certificate of occupancy is issued for the Premises. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Estimated Term Commencement Date, Landlord shall not be subject to any liability therefore, nor shall Landlord be in default hereunder; provided, however, if substantial completion of the Improvements has not occurred and a certificate of occupancy has not been issued on or before (i) June 11, 1999, Tenant shall be entitled to a credit against the first Base Rent otherwise payable hereunder in an amount equal to $708.33 per day for each day that shall elapse from June 11, 1999 until substantial completion has been achieved and a certificate of occupancy has been issued for the Premises, and (ii) October 1, 1999, Tenant shall have the right to terminate this Lease by written notice to Landlord, in which event this Lease shall terminate and any applicable city code the parties shall have no further rights or FAA requirementsobligations hereunder. Lessee Substantial completion shall complete construction have occurred notwithstanding Tenant's submission of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements a punch list to Landlord, which Tenant shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Leasesubmit, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements includingif at all, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from after the date Term Commencement Date. Tenant shall, upon demand, execute and deliver to Landlord a letter of invoice.
8.2 Lessee acceptance of delivery of the Premises. Landlord agrees that it shall provide Tenant with advance written notice if Tenant will not be able to constructhave lawful occupancy of (i) the factory portion of the Premises by May 1, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons1999 for the purpose of making such portion of the Premises ready for the conduct of Tenant's business to be conducted therein, and ramps to its planned facility. Construction and location (ii) the office portion of the access improvements shall comply with specifications set forth Premises by Lessor at June 1, 1999 for the time purpose of plan’s approval. Lessee understands that those portions making such portion of the constructed Airport access improvements situated outside Premises ready for the boundaries conduct of the Leased Premises shall becomeTenant's business to be conducted therein, immediately upon their completion such written notice to Lessor’s satisfaction, the property of Lessor. All construction and any connections be provided by Landlord to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing Tenant at least 60 days prior to the damage applicable date set forth in clause (i) or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee(ii) as applicable.
Appears in 1 contract
Samples: Lease (Sport Supply Group Inc)
Construction of Improvements. Lessee (a) Landlord shall construct make the improvements to the Premises, if any, described as Landlord’s Work (“Landlord’s Work”) on Exhibit D attached hereto and made a part hereof. Landlord shall use reasonable efforts to substantially complete Landlord’s Work on or before the Commencement Date and shall provide Tenant notice of the occurrence thereof, but shall not be responsible for delays due to (i) causes beyond Landlord’s reasonable control, (ii) any act, delay or failure to act of Tenant, (iii) any changes requested by Tenant in Landlord’s Work or any work performed or to be performed by Tenant, (iv) the quality of performance or completion of any work by a person, firm or corporation employed by Tenant, (v) the work being performed by or on behalf of Tenant which, under good construction scheduling practices should be completed before portions of the Landlord’s Work are completed, is not completed by Tenant on schedule and/or results in delays in the completion of Landlord’s Work, and/or (vi) any other act or omission of Tenant, its planned facilities and install therein all necessary fixturesagents, equipmentemployees, and accessoriesor contractors, all of which including, without limitation, any delay in giving authorization or approvals (in any instance, a “Tenant Delay”). Tenant shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction entitled, as Tenant’s sole remedy, to an abatement of the new improvements within one (1) year after Fixed Minimum Rent otherwise due hereunder for any period following the Effective Commencement Date during which the Premises remain unavailable for occupancy by Tenant because of this LeaseLandlord’s failure to substantially complete Landlord’s Work; provided, however, that if Landlord, in Landlord’s sole judgment, is delayed in timely substantially completing Landlord’s Work because of any Tenant Delay, then there shall be no abatement of the Fixed Minimum Rent for the period of such Tenant Delay. Existing improvements Except for the abatement of the Fixed Minimum Rent as set forth in the previous sentence, Tenant waives and releases any and all claims for damages against Landlord resulting from the Premises remaining unavailable for occupancy by Tenant due to Landlord’s failure to substantially complete Landlord’s Work. The taking of possession of the Premises by Tenant shall be deemed conclusively to have establish that Landlord’s Work has been appropriately constructed so long completed and accepted by Tenant.
(b) On or before the Commencement Date, Tenant shall, at its sole cost and expense, supply all installations and complete the improvements and other work, if any, described as they are well-maintained Tenant’s Work (“Tenant’s Work”) on Exhibit D, and meet shall fully equip the Premises with all applicable city code trade fixtures, lighting fixtures, furniture, furnishings, fixtures, floor coverings, signs, special equipment and FAA requirements. It is expressly understood that upon other items of construction and personal property necessary for the expiration completion of the Lease, all hangar improvements shall become property Premises and the proper operating of LessorTenant’s business therein.
8.1 Lessee agrees to reimburse Lessor for (c) Tenant shall not undertake, directly or indirectly, Tenant’s Work or any other construction work, improvements or alterations (collectively, “Alterations”), nor shall Tenant install any equipment other than trade fixtures and personal property, in the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises without first obtaining Landlord’s written approval of the access road to the Leased Premisesplans and specifications (“Plans”) therefor. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within Within thirty (30) days from after the date execution of invoicethis Lease, Tenant shall submit the Plans to Landlord showing in detail the Alterations Tenant is required or desires to undertake in the Premises. The Plans shall be prepared at Tenant’s sole cost and expense by an engineer or architect of recognized competence, licensed to practice in the State of Ohio and otherwise acceptable to Landlord. Tenant shall revise the Plans in accordance with and within seven (7) days after receipt of Landlord’s comments. Tenant, at Tenant’s sole cost and expense, shall obtain all building, use and occupancy permits and licenses required by applicable governmental authorities for the Alterations, for the use of the Premises and for the conduct of Tenant’s business. Tenant shall make such changes to the Plans as may be required to conform the same to the laws and ordinances applicable to the Alterations. Landlord’s approval of the Plans shall not constitute the assumption of any liability on the part of Landlord for their accuracy or conformity with building codes or any other legal requirements.
8.2 Lessee agrees to construct(d) The Alterations performed at the Premises by or on behalf of Tenant, at Lesseeincluding, without limitation, Tenant’s expenseWork, aircraft access improvementswhether in the nature of erection, including construction, alteration or repair, shall be performed with new materials and completed in a first-class and workmanlike manner, promptly, efficiently and competently by duly qualified and, if required by Landlord, licensed persons or entities, without limitation driveways, taxi lanes, apronsinterference with or disruption of the operations of other tenants or users of Landlord’s Property, and ramps in accordance with all applicable laws, ordinances, rules, regulations and requirements of any governmental authority having jurisdiction over the Premises, including, without limitation, the Americans with Disabilities Act of 1990, as amended. Subject to its planned facility. Construction Section 3.3 hereof, the Alterations shall at once when made or installed be deemed to have attached to the freehold estate and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, become the property of Lessor. All construction Landlord and, except as otherwise provided herein, shall remain for the benefit of Landlord at the end of the term or other termination of this Lease in as good condition and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations repair as when installed, reasonable wear and must be approved of tear excepted, and overseen by Airport management. Constructed facilities Tenant shall not be occupied until access is completed and accepted by Lessorentitled to any payment or compensation therefor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease (U-Store-It Trust)
Construction of Improvements. Lessee shall construct its planned facilities and install therein all necessary fixturesAll Improvements, equipmentwhen approved by the Landlord, and accessories, all of which shall be effected by such contractor, contractors or sub-contractors as the Tenant may select but, in accordance with each case, only under written contract approved in writing by the terms Landlord and subject to all reasonable conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of which the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirementsLandlord may impose. It is expressly understood that upon and agreed that, without limiting the expiration generality of the Leaseforegoing, all hangar improvements it shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor be reasonable for the apportioned Landlord to impose as conditions of the granting of its consent any one or more of the following:
(a) that the Tenant shall exhibit to the Landlord prior to the commencement of the making of Improvements all building permits, consents and other authorizations as may be required for the effecting of such Improvements;
(b) that the Tenant shall, prior to the commencement of the making of Improvements, furnish to the Landlord such security, whether by way of performance bond, cash deposit or otherwise, as the Landlord may require, to ensure the due and proper carrying out and completion of the Improvements and payment therefor;
(c) that the Tenant shall permit the Landlord to supervise the carrying out of the Improvements; and
(d) that the Tenant shall pay to the Landlord all costs of roadway improvements includingincurred by the Landlord in supervising and inspecting the Improvements, but not limited to: excavationincluding fees paid to architects, paving, drainageengineers and other consultants, and fencing required for all extensions salaries paid to Persons on the Landlord's staff or on staff of any Person managing or administering the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased PremisesBuilding, as well as an administration fee equal to five (5%) percent of the full contract price for all approvals, supervision to ensure compliance with approved plans and building code requirements, attendance at site meetings, if necessary, security, hoisting, elevator service, temporary power. The Landlord may in its absolute discretion require that the whole or any fees for obtaining servicepart of such Improvements be carried out by contractors or subcontractors designated by the Landlord, but at the expense of the Tenant. Lessee Each such contractor or subcontractor, whether or not designated by the Landlord, shall be responsible the Tenant's contractor and sub-contractor and the Tenant hereby undertakes that any work performed by or for payment at the time improvements Tenant shall be performed by competent workmen whose labour union affiliations are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply not incompatible with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron workmen who may be employed in the Building by the Landlord, its contractors or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorsub-contractors.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee Landlord will contribute up to $5.00 per useable square foot (the "Allowance") toward the cost of the tenant improvements set forth in the Scope of Work (Exhibit "C-2"), the Space Plan (Exhibit "C-1") and any related working drawings (the "Improvements"). Landlord shall construct its planned facilities and install therein all necessary fixtures, equipment, and accessories, all have no additional responsibility or obligation to pay any amounts in excess of which said $5.00 per useable square foot. Any costs or expenses incurred by Tenant in excess of said figure shall be the sole and exclusive responsibility of Tenant, payable in accordance with a progress payment schedule to be mutually agreed upon by Landlord and Tenant. All construction progress payments by Tenant, if any, must be timely made in order for construction work to continue on schedule. After execution of the Lease, Landlord shall enter into a construction contract with a mutually agreed upon contractor as general contractor, for the construction of said Improvements, or any portion thereof as mutually agreed upon by Landlord and Tenant, in accordance with the Work Letter Agreement and the Scope of Work attached as Exhibit "C" and Exhibit "C-2"; Landlord shall thereafter monitor the completion of such work. Tenant shall appoint in writing its designated representative to act on its behalf and represent its interest with respect to Tenant's right to review all bids, costs, prices, change orders, etc. No consent, authorization or other action by Tenant with respect to matters set forth in Section 25 shall bind Tenant unless in writing and signed by the aforementioned representative. Only those improvements described in Paragraph A of the Scope of Work, Exhibit "C-2," will be constructed prior to the Commencement Date. All improvements described in Paragraph B of the Scope of Work, Exhibit "C-2," not constructed as of the Commencement Date may, at Tenant's option, be constructed at a time to be mutually agreed upon by Landlord and Tenant under the same terms and conditions of as set forth in this Lease Section 25; provided, the Allowance is one lump sum available to Tenant for work described under both Paragraphs A and any applicable city code or FAA requirements. Lessee shall complete construction B of the new Scope of Work, Exhibit "C-2." In the event the total costs and expenses of the improvements within one do not equal or exceed the Allowance contributed by Landlord, and Tenant elects to lease the Option Space or First Right Space (1under Subsections 1.3 or 1.4, respectively) year after at any time during the Effective Date Initial Term, Tenant may utilize any remaining portion of the Allowance for tenant improvement work in the Option Space. The remainder of the Allowance, if there exists a remainder under this LeaseSection 25, shall be in addition to whatever other allowance is available to Tenant under Subsections 1.3 or 1.4 herein. Existing improvements Landlord's collection rights to all amounts due under Section 25 shall be deemed to have been appropriately constructed so long the same as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of for additional rent under the Lease. At Landlord's sole cost, all hangar improvements Landlord shall become property of Lessor.
8.1 Lessee agrees replace the light bulbs in the Premises, as necessary, to reimburse Lessor for provide uniform and comfortable light throughout the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road Premises prior to the Leased PremisesCommencement Date. Lessee At Landlord's sole cost, Landlord shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities seismic upgrades to the Leased Premises, as well as any fees for obtaining serviceif required. Lessee Landlord shall also be responsible for payment at the time cost of all work identified in Exhibit "C-2" as Landlord's Work-Phase I (20 - 22) and Landlord's Work-Phase II (36 and 37). Legal title to all such improvements are completed. Lessee (including any improvements paid for by Tenant) shall remit payment to Lessor within thirty (30) days from the date of invoiceimmediately vest in Landlord upon substantial completion thereof.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Office Building Lease (Coinstar Inc)
Construction of Improvements. Lessee shall construct Landlord and Tenant have approved ----------------------------- preliminary specifications for the Expansion and all related site Improvements (collectively the "Improvements"), which preliminary specifications are attached hereto as Exhibit B (preliminary Specifications"). Tenant has authorized Landlord to proceed with the preparation of final architectural and engineering drawings, plans and specifications for the improvements. Once those drawings, plans and specifications are completed, Landlord will deliver a full set thereof to Tenant for its planned facilities review and install therein approval. Tenant will notify Landlord within 15 days after its receipt of such drawings, plans and specifications of its approval thereof or its objections to anything contained therein, which objections, if any, will be premised solely upon the fact that such drawings, plans and specifications are inconsistent with the approved Preliminary Specifications attached hereto as Exhibit B. If Landlord does not modify the drawings, plans and specifications to meet Tenant's reasonable objections within 15 days after its receipt of Tenant's objection notice, then Tenant will have the right to terminate this Lease with no obligation whatsoever to Landlord. If Landlord satisfies Tenant's reasonable objections or if Tenant has no such objections, then the drawings, plans and specifications as approved by Tenant will constitute the "Final Plans and Specifications" and will be deemed Incorporated herein by this reference. If Tenant desires to make any revisions to the Final Plans and Specifications (which, for this purpose, will include any desired repairs or improvements to the Existing Building), Tenant will so notify Landlord and Landlord will then cause its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or savings resulting from such changes and Tenant will then have the right to require Landlord to cause such changes to be made to the Final Plans and Specifications. If the aggregate of all necessary fixturessuch changes (net of any savings) results in a net increase in the cost of the construction of the Improvements, equipmentthen Tenant will pay Landlord such net increase within ten days after Landlord's written demand for the payment thereof. At Tenant's election, any net increase in the cost of the construction of the improvements resulting from any of the aforementioned changes may be funded by a per square foot increase in the Base Rent in an amount equal to $.01 per square foot for every $9.730 of such net increase in construction costs. If any change requested by Tenant will, in the judgment of Landlord's contractor cause a delay in the anticipated date for the substantial completion of construction of the improvements, then Landlord will so notify Tenant and accessoriesthe contemplated substantial completion date will be deferred accordingly. For the purposes of this Lease, the term "Final Plans and Specifications" will include all change orders which are submitted and approved in the manner set forth in this Section 2. Landlord hereby acknowledges and agrees that if Tenant adds a mezzanine within the Building at its sole cost and expense, then such addition will not in any event change the square footage of which shall the Building or increase the Base Rent payable by Tenant hereunder. Landlord will cause the improvements to be constructed in accordance with the terms Final Plans and conditions of this Lease and any applicable city code or FAA requirementsSpecifications. Lessee shall Landlord will use its best efforts to substantially complete construction of the new improvements on or before May 31, 1994, subject to delays caused by the occurrence of events beyond its reasonable control ("Delay Events"), including, without limitation, labor troubles, inability to procure materials, restrictive governmental laws and pronouncements, acts of God, unseasonable weather, Tenant's failure to respond to the drawings, plans and specifications submitted to it for its review and approval within one (1) year after the Effective Date 15-day period mandated in this Section 2 and Tenant's requested change orders. Upon the occurrence of any Delay Event, the targeted date for the substantial completion of the construction of the improvements will be extended by a number of days equal to the number of days of the delay caused by the occurrence of such Delay Event. For the purposes of this Lease. Existing , the improvements shall will be deemed "substantially completed" on the earlier of: (a) the date on which Tenant occupies the Building for the conduct of its business operations (including, without limitation, the testing of the sorter to be used by Tenant in the Building); or (b) the date on which Landlord completes construction of the improvements in accordance with the Final Plans and Specifications (subject to such punchlist construction items as are mutually agreed upon by Landlord and Tenant) and a certificate of occupancy for the improvements is issued by the appropriate governmental authority, which certificate of occupancy will permit Tenant to operate its business in the normal course. If Landlord fails to substantially complete construction of the improvements on or before October 31, 1994, for any reason other than the occurrence of a Delay Event (as that term is earlier defined in this Section 2), then Tenant will have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirementsthe right to terminate its obligation under this Lease by delivering written notice of termination to Landlord on or before 30 days after such outside date for substantial completion. It is expressly understood possible that upon the expiration Building may be expanded in the future by the addition of a second phase of the Leaseconstruction ("Future Phase"). Once the plans and specifications for such Future Phase are agreed to by Landlord and Tenant, all hangar improvements shall become property of Lessor.
8.1 Lessee Landlord agrees to reimburse Lessor for take the apportioned costs of roadway improvements including, but not limited tofollowing actions: excavation, paving, drainage, and fencing required for all extensions (y) bid the construction of the access road Future Phase to a list of contractors mutually agreeable to Landlord and Tenant; and (z) price the Leased Premises. Lessee shall be responsible for resulting increase in Base Rent based upon then prevailing financing conditions and the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location duration of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorlease term.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee shall construct its planned facilities 1. In connection with the use of the AIR-SPACE EASEMENT AREA, GATEWAY shall:
a) Obtain all permits which are required to be obtained before using any portion of the AIR SPACE EASEMENT AREA; and
b) Construct and install therein maintain all necessary fixturesimprovements within AIR SPACE EASEMENT AREA in compliance with the provisions of all applicable laws, equipment, ordinances and accessories, all regulations of which each governmental agency having jurisdiction over the construction and use of any improvements to be made within the AIR SPACE EASEMENT AREA. Any improvements constructed within the AIR SPACE EASEMENT AREA shall be maintained in accordance with good condition, both as to safety and appearance and the terms and conditions maintenance of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing all such improvements shall be deemed accomplished in a manner so as to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon not interfere with the expiration use, maintenance or operation of the LeaseSIDEWALK EASEMENT AREA or public right-of-way located below the horizontal bottom of the AIR SPACE EASEMENT AREA. If, all hangar improvements shall become property in the reasonable judgment of Lessor.
8.1 Lessee agrees CITY, the use or operation of the public right-of-way may be interfered with or jeopardized as a result of the failure of GATEWAY to reimburse Lessor for the apportioned costs of roadway improvements includingdischarge its maintenance obligations, CITY may, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed obligated to, enter onto the AIR SPACE EASEMENT AREA and accepted by Lessorperform such work as may be reasonably necessary in order to perform GATEWAY's duties and obligations under this subparagraph. GATEWAY shall, upon written request of CITY, promptly reimburse CITY for any and all reasonable expenses CITY may incur in discharging any of GATEWAY's duties and obligations under this subparagraph. CITY shall provide GATEWAY with reasonable documentation for all such reasonable expenses incurred.
8.3 Upon completion of improvementsc) GATEWAY and its successors, Lessee assigns, agents, and invitees shall provide an 8 ½” x 11” site plan detailing a scaled drawing not place any improvements or fixtures or conduct any activity within the AIR SPACE EASEMENT AREA which will unreasonably interfere in any way with the use or enjoyment of the Leased Premisespublic right-of-way by CITY, hangar foot print, office area, parking, landscaping, and any other improvementsor the public within that area below the horizontal bottom of the AIR SPACE EASEMENT AREA.
8.4 The provisions provided above do d) GATEWAY, its successors, assigns, agents and invitees shall not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from store, allow the storage of or discharge any governmental authority.
8.5 If the aircraft hangar radioactive, toxic, flammable, poisonous, explosive or other improvements on dangerous, hazardous materials or waste within the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of LesseeAIR SPACE EASEMENT AREA.
Appears in 1 contract
Samples: Easement for Air Rights
Construction of Improvements. Lessee shall construct its planned facilities Subject to Force Majeure Matters and install therein all necessary fixtures, equipment, and accessories, all of which shall be in accordance consistent with the terms of Paragraph 1 herein and conditions Exhibit C hereto, Landlord shall pursue diligently and in good faith the completion of the Building Shell Improvements and the Tenant Improvements. Landlord shall provide Tenant with an allowance of $20.00 per rentable square foot of the Premises allocated for space planning, architectural. mechanical, electrical and construction drawings and cabling, signage permits and hard construction costs. The Tenant Improvements Allowance shall be applied and paid as described in Paragraph 1 and Exhibit C of this Lease Lease.
(a) The Tenant Improvements Allowance shall be applied by Landlord against the costs of designing. planning and any applicable city code or FAA requirementsconstructing the Tenant Improvements. Lessee shall complete In the event the costs incurred in connection with the design, planning and construction of the new improvements within one (1) year after Tenant Improvements as approved by Tenant exceed the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the LeaseTenant Improvements Allowance, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee Tenant shall be responsible for bearing and paying such excess costs (the cost of all extensions"Excess Costs"). as follows:
(1) Tenant shall pay to Landlord, as applicable, of all water, sewer, and other utilities prior to the Leased Premisescommencement of construction of the Tenant Improvements, an amount equal to one hundred percent (100%) of such Excess Costs (as well then estimated by Landlord).
(2) As soon as the final accounting is prepared and submitted by Landlord to Tenant, Tenant shall pay to Landlord the entire unpaid balance of the actual Excess Costs based on the final costs to Landlord or Landlord shall refund any fees credit due Tenant.
(b) Tenant shall hire a cabling and sign contractor which costs shall not be subject to any management fee. Landlord will reimburse Tenant for obtaining servicethese costs within ten (10) business days, provided Landlord has not used allowance for other costs outlined in this Rider to Lease Agreement. Lessee The Excess Costs (if any) payable by Tenant under this Paragraph 2(b) shall be responsible for payment due hereunder at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoicespecified herein.
8.2 Lessee agrees to construct(c) Except as otherwise provided above in this Paragraph 2, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, all installations and ramps to its planned facility. Construction and location of improvements now or hereafter placed on or in the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction be for Tenant's account and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessorat Tenant's cost.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee If this Lease pertains to a Building to be constructed or improvements to be constructed within a Building, the provisions of this Paragraph 2.B. shall construct apply in lieu of the provisions of Paragraph 2.A. above and the term commencement date ("TERM COMMENCEMENT DATE") shall be the earlier of the date on which: (1) Tenant takes possession of some or all of the Premises for purposes of the commencement of the conduct of its planned facilities business therein; or (2) the improvements to be constructed or performed in the Premises by Landlord (if any) shall have been substantially completed in accordance with the Plans described on EXHIBIT C as certified by the architect, Devcon Construction Incorporated, in writing to Tenant and install therein all necessary fixtures, equipmentLandlord (subject to mutual approval by Landlord and Tenant), and accessoriesTenant's taking of possession of the Premises or any part thereof for purposes of other than the installation of telephone or data cabling or the installation of furniture or furniture systems shall constitute Tenant's confirmation of substantial completion for all purposes hereof (subject to the completion by Landlord of any punch list items and any latent defects not visually discoverable by Tenant upon a reasonably diligent inspection and which are identified in writing by Tenant within six (6) months of the Tenant's occupancy of each Building), all whether or not substantial completion of other portions of the Building or Project shall have occurred. If for any reason beyond Landlord's reasonable control Landlord cannot deliver possession of the subject portion of the Premises to Tenant on the scheduled Term Commencement Date, Landlord shall not be subject to any liability therefor, nor shall Landlord be in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to accept possession of other portions of the Premises at such time as such improvements have been substantially completed, which date shall then be deemed the Term Commencement Date; provided, however, that if Landlord fails to tender possession of any portion of the Premises, subject to Paragraph 35 of this Lease, within ninety (90) days of the scheduled Term Commencement Date with respect to each Building, then Tenant, upon not less than thirty (30) days prior written notice to Landlord shall have the right to terminate this Lease with respect to each Building, unless within such thirty (30) day period Landlord tenders possession of each Building in the condition required by this Lease. Tenant shall not be liable for any Rent for any period prior to the Term Commencement Date (but without affecting any obligations of Tenant under any improvement agreement appended to this Lease). In the event of any dispute as to substantial completion of work performed or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive. Substantial completion shall have occurred notwithstanding Tenant's submission of a punchlist to Landlord, which Tenant shall submit, if at all, within seven (7) business days after the Term Commencement Date or otherwise in accordance with any improvement agreement appended to this Lease. Upon Landlord's request, Tenant shall promptly execute and return to Landlord a "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Premises (subject to any punchlist exceptions according to Paragraph 6.C of EXHIBIT C) and to the determination of the Term Commencement Date, in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements , but Tenant's failure or refusal to do so shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration not negate Tenant's acceptance of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions Premises or affect determination of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoiceTerm Commencement Date.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
Construction of Improvements. Lessee (a) The Plans and Specifications shall be prepared by the architects selected by Landlord and in accordance with instructions from Landlord and Tenant regarding the type, size and other aspects of the Building and other Improvements. After the Effective Date, Landlord shall enter into a contract (the “Construction Contract”) with the Construction Contractor selected by Tenant to construct its planned facilities the Building and install therein other Improvements per the Plans and Specifications.
(b) Tenant shall be permitted to engage a representative (“Tenant's Representative”) who shall be permitted to attend monthly meetings devoted to determining the monthly draws payable to the Construction Contractor with respect to the construction of the Building. At the request of Landlord, Tenant agrees to sign all necessary fixturesdraws approved or deemed approved by Tenant. If Tenant's Representative fails to provide Landlord with written objections (specifying in reasonable detail the basis of such objections) to the draws (or the items and costs related thereto) proposed at such meeting within three (3) days after such meeting, equipmentall such draws (and the items and costs related thereto) shall be deemed approved by Tenant. Additionally, Tenant shall have no right thereafter to object to any items, costs or draws approved or deemed approved by Tenant hereunder. Tenant currently intends to use Xxxxxxx Xxxxx as Tenant's Representative. If Tenant desires to appoint some other person or entity as Tenant's Representative or to replace Tenant's Representative, such appointment and/or replacement shall be subject to Landlord's reasonable approval.
(c) Any change order request by Tenant shall be subject to Landlord's approval, which shall not be unreasonably withheld or delayed, and accessoriesif approved, all any Cost Overrun (hereinafter defined) resulting therefrom shall, at Landord's option, be funded by Landlord from Loan proceeds or paid in advance by Tenant. As used herein, the term “Cost Overrun” shall mean any cost or expense resulting in an increase in the total construction cost provided for in the Project Costs Budget, as the same may be amended from time to time by mutual agreement of which Landlord and Tenant.
(d) Any change order request by Landlord shall be subject to Tenant's approval (except as otherwise provided herein) and if approved, any Cost Overrun resulting therefrom shall be funded by Landlord from Loan proceeds or paid by Landlord. All of Tenant's approval rights under this Paragraph 4(d) shall be subject to the following conditions: Tenant's approval shall not be required for (i) structural elements of the design of the Building (except for Tenant's specific floor load-bearing requirements within the Leased Premises), or (ii) changes required to Lease Agreement for Forest Park Medical Center at Southlake conform with Laws; provided, however, even though Tenant's approval is not required for any of such items, Landlord shall use its reasonable efforts to notify Tenant of any of such items to the extent material. Tenant's approval shall be required for any material changes to, material deviations from, or material additions to, the Plans and Specifications. As used in this Lease, the phrases “material change,” “material deviation” and “material addition” shall include any change to, deviation from, or addition to the Plans and Specifications which would materially affect the functionality of the Leased Premises. Tenant's consent to any material change, material deviation or material addition over which Tenant has approval shall be deemed given unless Tenant objects to such change in writing delivered to Landlord within five (5) days after receipt of the proposed revisions. With respect to this Paragraph 4(d), Tenant agrees to notify Landlord in writing as soon as reasonably possible of Tenant's objections to any matter over which Tenant has approval.
(e) Landlord agrees to deliver to Tenant copies of all fully executed change orders with respect to the Building. Additionally, Tenant's Representative shall be permitted to attend all regularly scheduled project construction meetings; provided, however, such attendance shall not be deemed to confer on Tenant or Tenant's Representative any approval rights not otherwise expressly set forth in the Lease.
(f) Landlord will use commercially reasonable efforts to cause the Construction Contractor to achieve Substantial Completion (as defined below) of the Building and other Improvements in accordance with the terms Plans and conditions Specifications on or before eighteen (18) months, subject to extension by one day for each day of this Lease Tenant Delays and any applicable city code or FAA requirements. Lessee shall complete construction of the new improvements within one (1) year Force Majeure Delays, after the Effective “Date of Commencement” as that term is defined in the Construction Contract. For purposes of this Lease. Existing improvements , the term “Substantial Completion” shall be deemed to have been appropriately constructed occurred at the stage in the progress of construction when the Building is sufficiently complete in accordance with the Plans and Specifications so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration Tenant can occupy or utilize the Building for its intended use, which will be deemed to have occurred when Landlord has received a Certificate of Occupancy from the City of Southlake.
(g) If for any reason Substantial Completion of the LeaseLeased Premises has not occurred on or before eighteen (18) months, subject to extension by one day for each day of Tenant Delays and Force Majeure Delays, after the Date of Commencement, the obligations of Landlord and Tenant under this Lease will continue in full force and effect. This Lease will not be void or voidable, nor will Landlord be liable to Tenant for any loss or damage resulting from any delay in delivering possession of the Leased Premises to Tenant; and suspension of rental until Substantial Completion has occurred will constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of any delay in delivering possession of the Leased Premises to Tenant.
(h) On the day of or on the day preceding the expected date of Substantial Completion, a representative of Landlord and a representative of Tenant together shall inspect the Improvements and, within fourteen (14) days thereafter, generate a punchlist (“Preliminary Punchlist”) of defective or uncompleted items relating to the completion of construction of the Improvements contemplated by the Plans and Specifications. After the Preliminary Punchlist is prepared and agreed upon by Landlord and Tenant, Landlord shall, within sixty (60) days, or as to any items that cannot reasonably be remedied within sixty (60) days due to unavailability of materials, provide written notice to Tenant and within a reasonable time not to exceed one Lease Agreement for Forest Park Medical Center at Southlake hundred twenty (120) days, complete such incomplete work and remedy such defective work as are set forth on the Preliminary Punchlist. Within ninety (90) days after the Commencement Date, a representative of Landlord and a representative of Tenant shall together perform another inspection of the Improvements and generate a second punchlist (“Final Punchlist”) of defective or uncompleted items relating to the Improvements. Landlord shall, within sixty (60) days, or as to any items that cannot reasonably be remedied within sixty (60) days due to unavailability of materials, provide written notice to Tenant and within a reasonable time not to exceed one hundred twenty (120) days, complete such incomplete work and remedy such defective work as are set forth on the Final Punchlist. The performance of work by Landlord necessary to complete the items set forth on the Preliminary Punchlist and the Final Punchlist shall not delay or postpone the Commencement Date.
(i) Upon Substantial Completion, Landlord will assign, without recourse or warranty whatsoever, to Tenant, all hangar improvements shall become property warranties, guaranties, and indemnities, express or implied, and similar rights which Landlord may have, if any, against any architect, manufacturer, seller, engineer, contractor, subcontractor, supplier, or builder with respect to any of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements Leased Premises, including, but not limited to: excavation, pavingany rights and remedies existing under contract or pursuant to the Uniform Commercial Code as adopted by the State (collectively, drainagethe “Warranties”). Such assignment shall remain in effect until the termination of this Lease. Landlord shall also retain the right to enforce any Warranties assigned in the name of Tenant and at Tenant's expense upon the occurrence of an Event of Default. Landlord hereby agrees to execute and deliver at Tenant's expense such further documents (but not including powers of attorney), and fencing required for all extensions as Tenant may reasonably request in order that Tenant may have the full benefit of the access road assignment effected or intended to be effected by this Paragraph 4(i). Upon the Leased Premisestermination of this Lease, the Warranties shall automatically revert to Landlord. Lessee The foregoing provision of reversion shall be responsible for the cost self-operative and no further instrument of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee reassignment shall be responsible required. In confirmation of such reassignment Tenant shall execute and deliver promptly any certificate or other instrument that Landlord may reasonably request. Any monies collected by Tenant under any of the Warranties after the occurrence of and during the continuation of an Event of Default shall be held in trust by Tenant and promptly paid over to Landlord. LANDLORD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE IMPROVEMENTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THEIR HABITABILITY, DESIGN, FITNESS OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE, AS TO THE QUALITY OF MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, OR AS TO THE VALUE OF THE IMPROVEMENTS, COMPLIANCE WITH PLANS AND SPECIFICATIONS OR OTHERWISE, IT BEING AGREED THAT ALL RISKS INCIDENT TO SUCH MATTERS SHALL BE BORNE SOLELY BY THE TENANT. IN THE EVENT OF ANY DEFECT OR DEFICIENCY IN THE IMPROVEMENTS OF ANY NATURE, WHETHER PATENT OR LATENT, LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO, OR FOR ANY ACTUAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY) ARISING THEREFROM OR RELATED THERETO, AND TENANT'S SOLE RECOURSE SHALL BE AGAINST THE CONTRACTORS WHO CONSTRUCTED SUCH IMPROVEMENTS PURSUANT TO THE WARRANTIES ASSIGNED BY LANDLORD HEREUNDER. TENANT ACKNOWLEDGES THAT THE Lease Agreement for payment Forest Park Medical Center at Southlake
(j) From the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from Effective Date of this Lease until the date of invoice.
8.2 Lessee agrees to constructSubstantial Completion, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, Landlord shall be in sole and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries exclusive possession of the Leased Premises shall becomefor purposes of completing the Improvements; provided, immediately upon their completion however, representatives of Tenant will be allowed to Lessor’s satisfactionvisit the site as desired, so long as advance notice (which may be by a telephone conversation with the property Landlord's representative in charge of Lessorconstruction of the Improvements) is provided to Landlord and such representatives comply with all safety requirements reasonably imposed by Landlord and its contractors. All construction Tenant and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations its contractors and must be approved of and overseen by Airport management. Constructed facilities subcontractors shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements allowed on the Leased Premises are damaged during construction unless approved by Landlord in writing, which shall not be unreasonably withheld, conditioned or destroyeddelayed with respect to Tenant's contractors responsible for installing Tenant's furniture, Lessee shall do whatever is necessary to repair, rebuild, fixtures or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction equipment within 180 ninety (90) days of the estimated date of destructionSubstantial Completion. Upon written request from LesseeIn the event Tenant elects to install Tenant's furniture, Lessor may extend fixtures and equipment prior to Substantial Completion, Tenant shall be solely responsible for the 180-day timeline security of Tenant's property and Landlord shall not be responsible for any loss or damage thereto. Tenant shall not be entitled to do any work or alter any portion of the Improvements prior to Substantial Completion and any changes to the extent Improvements are subject to the review and written approval of Landlord.
(k) Within ten (10) business days of Tenant's receipt thereof, Tenant shall execute and return to Landlord a statement specifying the Commencement Date and the Expiration Date in the form of Exhibit C attached hereto.
(l) Notwithstanding anything contained herein to the contrary, Landlord shall not be obligated to proceed with the construction of the Building unless and until financing of the Building reasonably necessary due acceptable to Landlord is obtained. If commitments for such financing reasonably satisfactory to Landlord have not been obtained and all conditions beyond to such financing commitments have not been fulfilled prior to June 1, 2012, Landlord may so notify Tenant in writing, and this Lease shall thereupon cease and terminate and each of the control parties hereto shall be released and discharged from any and all liability and responsibility hereunder. Landlord may waive this condition by notifying Tenant in writing of Lesseesuch waiver.
(m) Assuming Landlord secures financing as referenced in Paragraph 4(1) above, Tenant understands that Lender has or will have approval rights over aspects of the construction and development of the Improvements, and agrees that Landlord will not be deemed to have unreasonably withheld its consent or approval to any particular item or matter if Lender does not grant its consent or approval to the item or matter in question; provided, however, that prior to Lease Agreement for Forest Park Medical Center at Southlake securing any such financing, Landlord shall obtain the Lender's approval of the Plans and Specifications.
Appears in 1 contract
Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)
Construction of Improvements. Lessee Applicant, at no cost and expense to the City, shall construct its planned facilities those water mains required to accommodate the potable water and install therein all fire protection needs of the Property generally as set forth on the final engineering plans as may hereafter be finally approved by the City (herein referred to individually as a “Water Improvement” and collectively as the “Water Improvements.” Applicant shall have the right and obligation in connection with any Phase of Development of the Property to construct only those Water Improvements as may be necessary fixtures, equipmentfor such Phase. Upon completion of construction of a Water Improvement, and accessoriesafter providing the City with evidence of clear merchantable title, Applicant shall have the right to dedicate said Water Improvement, free and clear of all encumbrances, to the City, and in such event and after the City has inspected the same to conform that construction has been completed, the City agrees to accept the dedication of those Water Improvements for a particular phase which have then been constructed by Applicant promptly upon Applicant‟s completion and tender thereof in compliance with all City requirements, including performance guarantees as set forth in Section 11-5-1 of the Subdivision Regulations. In furtherance of the foregoing, Applicant agrees to grant to the City any easements which may be reasonably necessary to permit the City‟s ownership of the Water Improvements, pursuant to a future, Final Plat of subdivision. Solely in relation to the Water Improvements which are the subject of this Agreement, and notwithstanding the City‟s ownership of the Water Improvements, the City shall have no right to offer or to provide potable water service for the benefit of any property other than the Property without having first entered into a recapture agreement to benefit the Owner. The determination of the extent of any “benefitted property” in such recapture agreement shall be at the sole discretion of the City which shall be reasonably exercised. The City represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along or across from a portion of the perimeter of the Property, which system and mains have, and at all times will have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Property and the residents of the Property. All inspection, tap-on and use fees assessed by the City in accordance connection with the terms and conditions provision of this Lease and any applicable city code or FAA requirements. Lessee shall complete construction of potable water service to the new improvements within one (1) year after the Effective Date of this Lease. Existing improvements Property shall be deemed assessed at the same rate as those charged by the City to have been appropriately constructed so long as they other similar users of City water service. The City shall, at Applicant‟s expense, cooperate in obtaining all off-site easements which are wellnecessary or required by Applicant and shall grant Applicant access to all City owned right-maintained of-way to provide Applicant with potable water and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road fire protection service to the Leased PremisesProperty. Lessee Applicant shall be responsible for the cost restore property affected by off-site extension of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps water lines to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline said construction to the extent reasonably practicable, but at a minimum, graded and seeded, and shall indemnify and hold City harmless for its failure to do so. Applicant shall construct the Water Improvements as may be reasonably determined to be necessary due in accordance with sound engineering practices as agreed to conditions beyond by the control parties, provided the City shall pay the cost of Lesseeany oversizing of lines required for the benefit of other property.
Appears in 1 contract
Samples: Annexation Agreement
Construction of Improvements. Lessee (a) Seller acknowledges that it is currently completing construction of the Improvements and, with respect to each of Buildings 4, 8 and 10, Seller agrees to diligently carry on construction of such Buildings during the contract period with the intent to complete them in substantially the same fit and finish as Buildings 1, 2, 3, 5, 6, 7 and 9, subject to completion of the Punch List Items as hereinafter provided. Purchaser acknowledges that Seller is currently completing construction of the Improvements and, that as of Closing, certain punch list items may remain to be completed (“Punch List Work”). For each of Buildings 4, 8 and 10 on the respective Inspection Date of such building, Seller and, if present, Purchaser shall construct its planned facilities jointly inspect such building with the General Contractor and install therein reasonably create a punch list of items that remain to be completed for such building and the estimated cost of completing such items, which punch list will be final for such building subject to the reasonable approval of Seller’s general contractor (with respect to each building, “Building Punch List Items” and, collectively for all necessary fixturesbuildings, equipmentthe “Punch List Items”). As used herein, the term “Inspection Date” means, with respect to each of Buildings 4, 8 and 10, the date on which Seller and General Contractor have agreed to perform the owner’s walk-through of such building, which typically occurs within five (5) business days prior to Seller obtaining the temporary certificate of occupancy for such building. Seller agrees to promptly notify Purchaser of the Inspection Dates and any changes thereto. If, after having received notice of an Inspection Date, Purchaser does not attend the Inspection on the Inspection Date or Purchaser notifies Seller that Purchaser declines to attend an Inspection on the Inspection Date, Purchaser shall be bound by the list of Building Punch List Items as prepared by Seller.
(b) Seller shall cause all Punch List Items to be completed with diligence. If the Punch List Items are not completed on or before the Closing Date (as reasonably determined by Seller and Purchaser), then the amount required to complete the outstanding Punch List Items (as reasonably determined by Seller and Purchaser) shall be withheld from Seller’s proceeds at Closing and placed in escrow with the Escrow Agent as a hold back (the “Punch List Holdback”), and accessories, all disbursed by Escrow Agent to Seller in connection with its completion of which shall be the Punch List Work in accordance with the terms and conditions of the Punchlist Holdback Agreement attached hereto as Schedule 4.6(b) (the “Punch List Holdback Agreement”).
(c) The provisions of this Lease and any applicable city code or FAA requirements. Lessee Paragraph 4.6 shall complete construction of survive the new improvements within one (1) year after the Effective Date termination of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of LessorAgreement.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Trade Street Residential, Inc.)
Construction of Improvements. All improvements required by Lessee on the leased premises shall be constructed by Lessee at its sole cost and expense and shall be constructed in a thorough and xxxxxxx-like fashion. Prior to construction of any such improvements, the Lessee shall construct its planned facilities submit to the Lessor detailed plans and install therein all necessary fixturesspecifications detailing the proposed improvements to be constructed, equipment, and accessories, all the construction of which shall not begin until approved in writing by the Lessor. All improvements shall be constructed in accordance with all applicable laws, rules, regulations, and ordinances. Xxxxxx further agrees to comply with all federal, state, and local laws, ordinances, and zoning provisions in the terms construction and conditions operation of this Lease and any applicable city code or FAA requirementsthe improvements on the leased premises. Lessee shall complete construction have no authority to subject the leased premises or any part thereof or any interest of Lessor therein to any mechanics or other statutory or judicial lien. Should any mechanics or other lien, statement, or claim be filed or recorded against the new improvements within one (1) year after the Effective Date leased premises, or any interest of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration Lessor thereon, by reason of the LeaseLessee's acts or omissions or because of any claim against Xxxxxx, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall cause the same to be responsible for the canceled and discharged of record at Lessee's sole cost of all extensionsand expense, as applicableby bond or otherwise, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days after notice from the date Lessor; provided, however, that so long as Lessee has not been in breach or default of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvementsobligation under this Lease, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing have the right, in good faith and through appropriate proceedings, at Xxxxxx's sole cost and expense, to contest the amount or validity of any such claim so long as such contest does not submit the Leased Premisesleased premises to sale in enforcement of such lien or claim and provided the Lessee provides to Lessor such collateral, hangar foot printsecurity, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other assurances as Lessor reasonably shall request in connection therewith. Lessee shall, prior to the construction of any improvements on the Leased Premises are damaged or destroyedleased premises, Lessee shall do whatever is necessary require any contractor who provides such work to repair, rebuildprovide a payment and performance bond in the full amount of the contract, or restore the structure and other improvements to substantially the same condition existing prior assurances acceptable to the damage Lessor. Furthermore, any such payment or destruction within 180 days performance bond shall list the Lessor (City of the date Monticello) as a beneficiary of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lesseesaid bonds.
Appears in 1 contract
Samples: Lease Agreement
Construction of Improvements. Lessee If LESSEE decides to make additional ---------------------------- improvements to Premises, LESSEE may make such improvements, at LESSEE's expense, in the area shown in green on Exhibit A. LESSEE shall construct its planned facilities and install therein all necessary fixturessubmit to LESSOR, equipment, and accessories, all of which shall be in accordance with the terms and conditions of this Lease and any applicable city code or FAA requirements. Lessee shall complete forty-five (45) days prior to commencing construction of the new improvements within said improvements, one (1) year after set of plans and specifications of all LESSEE'S work to be done to construct said improvements, prepared in accordance with all applicable laws, codes and regulations. LESSOR shall notify LESSEE as to such parts of same as shall not meet LESSOR'S reasonable approval; provided, however, LESSOR'S notification hereunder must be within fifteen (15) business days of receipt or be deemed waived, thereby constituting approval. LESSOR'S approval shall be in addition to any approvals required by local, state or federal laws to commence such improvements. LESSOR shall cooperate with LESSEE at LESSOR's expense in the Effective Date performing by LESSEE of any alteration by LESSEE hereunder. Upon the request of LESSEE, LESSOR shall join in any application for any permits, certificates, or approvals required to be obtained by LESSEE in connection therewith. Notwithstanding anything herein to the contrary, LESSEE shall not be required to furnish plans to LESSOR, or obtain LESSOR's prior consent, with respect to any interior alterations solely or to the extent involving painting, carpeting, decorating or wall covering or a cumulative estimated cost of less than one hundred thousand dollars ($100,000.00). LESSOR hereby agrees that it shall not require LESSEE to pay any sums to LESSOR or incur any charges imposed by LESSOR in connection with the granting of any consent by LESSOR in connection therewith. LESSEE agrees that it shall act such that its contractors shall be in harmony with local activities concerning the appropriate labor situation at or about Premises. When the construction of any additional improvements is completed by LESSEE, said improvements shall become part of the Premises subject to the terms of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee agrees to reimburse Lessor for the apportioned costs of roadway improvements including, but not limited to: excavation, paving, drainage, and fencing required for all extensions of the access road to the Leased Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Construction of Improvements. Lessee shall construct Landlord has, at Landlord's sole cost and expense, constructed a building and other improvements, containing the Demised Premises. Tenant has advised Landlord that Tenant will require certain modifications to the Demised Premises prior to October 1, 2000. Notwithstanding the need for certain modifications to the Demised Premises, Tenant hereby leases the Demised Premises in its planned facilities current condition and install therein all necessary fixturesrepair without such modifications having first been made. As of the execution of this Lease, equipment, Tenant and accessories, all Landlord have only discussed the conceptual changes required for Tenant's use of which the Demised Premises and no plans or specifications have been prepared. Landlord hereby agrees to fund up to $100,000 of the cost of such modifications to the Demised Premises (the "Landlord Contribution"). Any cost exceeding Landlord's Contribution shall be the sole and exclusive responsibility of Tenant. Such Landlord Contribution shall be amortized and repaid by Tenant over the term of the Lease at an implicit interest rate of 10.5%. Tenant agrees to arrange for the preparation of plans and specifications for Tenant's required improvements to the Demised Premises. At Tenant's request, Landlord agrees to cooperate with Tenant in accordance with Tenant's preparation of plans and specifications by providing to Tenant copies of the plans and specifications for the existing Demised Premises and providing general information concerning the Demised Premises that may be reasonably necessary for Tenant in the preparation of the plans and specifications. Upon completion of the plans and specifications for Tenant (the "Tenant Plans and Specifications") Landlord agrees to submit to Tenant a good faith bid for completion of the work (the "Work") contemplated by the Tenant Plans and Specifications. Tenant and Landlord understand and agree that no representations have been made concerning the contemplated cost of the Work contemplated by the Tenant Plans and Specifications. Landlord and Tenant further agree that they shall have no obligation to enter into a contract for the performance of the Work according to terms which are not mutually acceptable to Landlord and conditions Tenant. If Landlord and Tenant reach agreement for the performance of this Lease the Work by Landlord or its representative, a construction contract for the performance of such work will be entered into by Landlord and any applicable city code Tenant. If Tenant chooses to retain someone other than Landlord to complete the Work, (i) Tenant shall indemnify Landlord for damage to the Demised Premises caused from or FAA requirements. Lessee shall complete arising during the construction of the new improvements within one Work by a third party; and (1ii) year after Landlord agrees to reasonably cooperate with Tenant in the Effective Date of this Lease. Existing improvements shall be deemed to have been appropriately constructed so long as they are well-maintained and meet all applicable city code and FAA requirements. It is expressly understood that upon the expiration performance of the Lease, all hangar improvements shall become property of Lessor.
8.1 Lessee Work by such third party and (iii) Landlord agrees to reimburse Lessor provide reasonable access to the Demised Premises and logistical and physical accommodation for the apportioned costs performance of roadway improvements includingsuch Work, including but not limited to: excavationto providing access to Tenant and to third parties for Tenant's installation and testing of production equipment, paving, drainage, process validation and fencing required for all extensions of the access road Tenant's relocation to the Leased Demised Premises. Lessee shall be responsible for the cost of all extensions, as applicable, of all water, sewer, and other utilities to the Leased Premises, as well as any fees for obtaining service. Lessee shall be responsible for payment at the time improvements are completed. Lessee shall remit payment to Lessor within thirty (30) days from the date of invoice.
8.2 Lessee agrees to construct, at Lessee’s expense, aircraft access improvements, including without limitation driveways, taxi lanes, aprons, and ramps to its planned facility. Construction and location of the access improvements shall comply with specifications set forth by Lessor at the time of plan’s approval. Lessee understands that those portions of the constructed Airport access improvements situated outside the boundaries of the Leased Premises shall become, immediately upon their completion to Lessor’s satisfaction, the property of Lessor. All construction and any connections to the runway of any apron or taxi lane shall in addition be governed by any rules or regulations regarding Airport operations and must be approved of and overseen by Airport management. Constructed facilities shall not be occupied until access is completed and accepted by Lessor.
8.3 Upon completion of improvements, Lessee shall provide an 8 ½” x 11” site plan detailing a scaled drawing of the Leased Premises, hangar foot print, office area, parking, landscaping, and any other improvements.
8.4 The provisions provided above do not relieve Lessee from compliance with all applicable building code requirements and acquiring all necessary licenses and permits from any governmental authority.
8.5 If the aircraft hangar or other improvements on the Leased Premises are damaged or destroyed, Lessee shall do whatever is necessary to repair, rebuild, or restore the structure and other improvements to substantially the same condition existing prior to the damage or destruction within 180 days of the date of destruction. Upon written request from Lessee, Lessor may extend the 180-day timeline to the extent reasonably necessary due to conditions beyond the control of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Iomed Inc)
