Construction of Leasehold Improvements. Tenant shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors and engineers of its choice, subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment. (i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
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Construction of Leasehold Improvements. Tenant shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors and engineers of its choice, subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. A. Landlord shall not charge any supervisory fees with respect construct all of the improvements required to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to ready the Building Complex necessary Demised Premises for the construction thereof occupancy by Tenant in accordance with the Building's Rules plans and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect specifications to furnish to Landlord, for be prepared by Landlord's approval Architect (not the "Plans and Specifications"), at Tenant's expense, in accordance with floor plans and other information regarding Tenant's requirements for the Demised Premises to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all provided by Tenant to Landlord within five days of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired date hereof. The improvements referred to herein to be constructed by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may Landlord shall be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove Leasehold Improvements." Upon completion of any portion preparation of the Final PlansPlans and Specifications, Landlord shall advise submit the same to Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for LandlordTenant's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, approval which consent approval shall not be unreasonably withheld or delayedwithheld. In the event Landlord If Tenant fails to respond approve or disapprove the Plans and Specifications (or any revised set of Plans and Specifications prepared pursuant to any proposed Final Plans or revisions/modifications this provision) within ten (10) business five days after of receipt from Landlord's receipt thereof, Landlord Tenant shall be deemed to have given its consent theretoapproved the same. If Tenant disapproves the Plans and Specifications, Landlord's Architect shall make such modifications as Tenant may reasonably request and resubmit the revised Plans and Specifications to Tenant. Tenant shall approve or disapprove the revised Plans and Specifications within five days of receipt thereof and if Tenant does not approve the revised Plans and Specifications, the process set forth above shall be repeated. When Landlord and Tenant have both approved the Plans and Specifications, they shall initial and date a copy thereof and such Plans and Specifications shall become a part of this Lease.
B. Within five days of Landlord and Tenant approving and initialing the Plans and Specifications, Landlord or Landlord's contractor shall commence the construction of the Leasehold Improvements in accordance with the Plans and Specifications and diligently pursue the completion of the Leasehold Improvements, which shall be completed in a good and workmanlike manner and in accordance with all applicable governmental codes and regulations.
C. All work on the Leasehold Improvements shall be performed by qualified, responsible contractors selected by Landlord at its reasonable discretion. Tenant shall not interfere with the construction of the Leasehold Improvements.
D. Landlord shall provide Tenant with an improvement allowance (the "Improvement Allowance"), which shall be applied to the cost of completing the Leasehold Improvements, in an amount equal to the lesser of (a) the actual cost to Landlord of completing the construction of the Leasehold Improvements in accordance with the Plans and Specifications or (b) $20.00 dollars per rentable square foot constructed by Landlord as measured by landlord's Architect to the inside of all outside glass walls enclosing the Demised Premises and to the midpoint of all demising walls separating the Demised Premises from areas occupied by other tenants in the Building or areas designated as common areas for use by all tenants. For the purpose of this calculation, the portion of the common areas attributed to Tenant and included in the number of rentable square feet set forth in the Reference Data shall not be included. The Improvement Allowance shall only be applied to the cost of Architectural plans, permits materials, labor and other items included in the Leasehold Improvements to be constructed by Landlord hereunder. Tenant Improvement allowance of $20.00 per rentable square foot will include items on Workletter attached as Exhibit "H".
E. Tenant shall be responsible for xxxxxxxxng, at Tenant's sole expense, any work in xxxxxion to the Leasehold Improvements to be constructed by Landlord an set forth above. If Tenant desires to perform any additional improvements beyond the Leasehold improvements to be constructed by Landlord, Tenant shall cause Plans and Specifications for such additional work to be prepared and submit the Final Plans same to Landlord for Landlord's approval. Any such approved additional work, shall be performed by responsible contractors and subcontractors approved by Landlord. All such contractors and subcontractors shall furnish in advance and maintain in effect workmen's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord's manager and mortgagee as additional insureds) with limits satisfactory to Landlord and each shall, prior to commencement at any work, comply with all Applicable Laws (hereinafter defined)the Mechanic's Lien law of the State of Florida. Notwithstanding All work shall be performed in much manner and at such time so as to avoid interference with any work being done by Landlord or its contractors and subcontractors at the fact that Landlord's architects Property generally. Landlord shall, however, endeavor to allow Tenant access for such work prior to the Rental Commencement Date. Tenant and engineers shall have the right to review the Final Plans, Tenant its contractors and subcontractors shall be solely responsible for the design transportation, safekeeping and function storage of such Final Plans materials and Tenant shall construct equipment used in the performance of its work, for the removal of waste and debris resulting therefrom and for any damage caused by them to any installations or work performed by Landlord or it, it's contractors and subcontractors. Tenant's Work contractors and subcontractors shall be subject to the general administrative supervision of Landlord for scheduling purposes, but Landlord shall not be responsible for any aspect of the work performed by Tenant's contractors or subcontracxxxx. All work shall be performed in substantial compliance a good and workmanlike manner, in accordance with the approved Final Plans applicable building codes and other governmental requirements, and shall endeavor be diligently prosecuted to cause its contractors to complete all completion. No work shall adversely affect the structural integrity of the Building or the Demised Premises, nor shall such work with good quality workmanship using only new materials and equipment.
(i) restore diminish the mechanical and ceiling systems in value or the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to Building or the condition shown on such plans; (ii) restore any modifications to Demised Premises. Upon the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Workwork, Tenant shall submit to Landlord a set delivex xx Xandlord and/or comply with the following: (1) Tenant's affidavit stating that Texxxx'x work has been completed; (0) xx Affidavit of conformed plans incorporating all changes and/or revisions contractors and all laborers and material suppliers stating that they have all been paid in full and that all liens therefor that have been made subsequent filed have been discharged of record or waived; (3) a complete release and waiver of lien with respect, to the Demised Premises, executed by said contractor or contractors supplying labor and/or materials for Tenant's work; and (4) all certificates and approvals with respect to Tenant's work that may be required by any governmental authorities an a condition for the issuance of a Certificate of Occupancy for the Demised Premises. Landlord or Landlord's representative shall, during the course of construction and after completion of construction of the Demised Premises, have the right to inspect the Demised Premises to verify construction and completion in accordance with the approved Plans and Specifications. It is agreed that Tenant assumes the entire responsixxxxxx and liability for any and all injuries or death of any and all persons, including Tenant's contractors or subcontracxxxx, and their respective employees, and for any and all damages to property caused by, or resulting from or arising out of, any act or omission on the payment of the Tenant, Tenant's contractor or subcontractxxx, xr their respective employees, in the prosecution of the Tenant's work, and with respect to such work, Tenant agrees to indemnify and savx xxxxless Landlord from and against any losses and/or expenses including reasonable legal fees and expenses, which it may suffer or pay as a result, of claims or lawsuits due to, because of, or arising out of any and all such injuries or death and/or damage, whether real or alleged and Tenant and Tenant's contractor and/or subcontxxxxxxs shall assume and defend at their own expense all such claims or lawsuits. Tenant agrees to insure this assumxx xxxbility in its comprehensive general liability policy and the Certificate of Insurance or copy of the policy that the Tenant will present to Landlord prior to commencement of Tenant's work shall so indicate such contractual coverage. If Tenant requests Landlord to perform any work in addition to the Leasehold improvements, Tenant shall deposit an amount equal to Landlord's approval reasonable estimate or the cost of such work with Landlord prior to commencement of such work, which amount shall include an overhead and supervision charge equal to 20% of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs estimated cost of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Workadditional work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused additional work plus the twenty percent (20%) overhead and supervision charge exceeds or is less than the estimate of Landlord, Tenant shall pay such excess or Landlord shall refund such overage as the case may be.
F. Notwithstanding anything to the contrary contained herein, Landlord reserves the absolute right to relocate the Demised Premises and the Common Areas from the locations shown on Exhibit "B", it being agreed by such changes Landlord and Tenant that the purpose of Exhibit "B" is to show the approximate location of the Demised Premises, provided that the new locations of the Demised Premises and Common Areas shall be borne by Tenantsimilar in dimension. If Landlord gives Tenant shall be solely responsible for all costs of notice that Landlord is relocating the Demised Premises after Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect has commenced or completed any partitioning or other Improvements to the Building from Demised Premises, then in such event, Landlord shall provide Tenant with partitions and other improvements of equal quality and quantity in the City relocated Demised Premises. The relocation of Xxxx upon its completion the Demised Premises hereunder shall not affect any other provision of Tenant's Workthis Lease.
Appears in 1 contract
Construction of Leasehold Improvements. Tenant The Landlord shall, prior to the Commencement Date, construct the Building. In addition, prior to the Commencement Date, Landlord shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors and engineers of its choice, subject to improve the Premises as set forth in Exhibit "B" (Landlord's approval, not to be unreasonably withheld, delayed or conditionedWork). TenantThe Landlord's Work shall include consist of improvements to the installation Premises to the limit of special Building systems includingthe Landlord's Cost Limit (hereafter defined) based upon plans and specifications mutually agreed upon by Landlord and Tenant, pursuant to which the Premises shall be improved between the unfinished floor slab surface and the interior roof surface which improvements shall include, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to wall surfaces defining the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all confines of the Premises, showing wall partitions within the location of doorsPremises, partitionsmechanical systems, plumbing systems and fixtures, electrical systems, lighting systems and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant thereforcomponents, and floor coverings, and which improvements shall exclude, without limitation, movable furnishings and decorative items. Landlord shall pay for the actual costs of the Landlord's Work for the construction of the Premises to the cumulative limit of $20 per square foot of the Premises, plus fees for the architect's services for the initial space plan and one revision based upon comments from Tenant and construction documents (collectively, as computed, the "Landlord's Cost Limit"). Not later than five (5) days after written demand from Landlord to Tenant with a detailed statement showing amounts totaling the Landlord's Cost Limit and costs exceeding the Landlord's Cost Limit, Tenant shall pay to the order of Landlord that portion of the Landlord's work and the amount of architect's fees and the cost of construction documents which exceeds the Landlord's Cost Limit. Notwithstanding anything herein to the contrary, in the event Landlord's budget for the Landlord's Work confirms, in advance of construction, that the Landlord's Work shall exceed the Landlord's Cost Limit, Tenant shall deposit with Landlord, prior to the commencement of construction, the amount of such difference, which Landlord shall apply to the cost of the Landlord's Work prior to the disbursement of any of Landlord's funds therefore. Any improvements to the Premises other than those set forth in Exhibit "B" shall be constructed by the Landlord at the sole cost and expense of the Tenant ("Tenant's Work"). No later than seventy-five (75) business days after the execution of this Lease by the Tenant: (i) Tenant shall furnish Landlord with a Preliminary Space Plan for the Premises, in form acceptable to Landlord, drawn to a scale of one-eighth inch (1/8") equals one (1) food, or (ii) any internal Landlord and Tenant, or external communications or special utility facilities which will require conduiting or other improvements within common areastheir representatives, all in such form and in such detail as may be reasonably required by Landlordshall meet for the purpose of preparing a Preliminary Space Plan for the Premises. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within Within ten (10) business days after from Landlord's receipt thereofof the Preliminary Space Plan, Landlord shall be deemed prepare and furnish to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that an estimated cost of construction of Landlord's architects Work and, if applicable, Tenant's Work, including in the estimate separate entries for labor and engineers shall have the right material. No later than five (5) business days after submission of Landlord's estimate of construction costs to review the Final PlansTenant, as set forth above, Tenant shall be solely responsible for either agree to the design estimate and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance authorize Landlord to proceed with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's WorkWork or furnish to Landlord specific objection to the Preliminary Space Plan and/or the estimates. If Landlord and Tenant agree to Landlord's estimated construction costs and to a final Space Plan, Landlord and Tenant shall cause its architect execute the form attached hereto as Exhibit "B", incorporating the agreed-upon Space Plan for the Premises, and setting forth the agreed cost of construction. If Landlord and Tenant are unable to provide documentation agree upon a Space Plan or construction cost for all changes Landlord's Work and, if applicable for Tenant's Work within thirty (30) days from the execution of this Lease by the Tenant, then Landlord shall have the right to terminate this Lease upon three (3) days written notice to Tenant and, thereupon, neither Landlord nor Tenant shall have any further rights or obligations under this Lease. The agreed cost of construction of Tenant's Work shall be paid by Tenant to Landlord during the period of construction, pro-rata, comparing the cost of the Landlord's Work to the Final Plans at cost of the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, provided that Tenant shall submit pay its share to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to not later than five (5) business days after Landlord's approval requisition to Tenant therefore. Landlord shall endeavor to contain the cost of the Final PlansLandlord's Work within the Landlord's cost Limit. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, The construction plans for use in the Building, which doors shall be used prepared by Xxxxxx and Xxxxx Architects of Orlando, Florida, shall, when completed, be initialed as approved by Landlord and Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost before construction of the Base Building improvements caused by such changes shall be borne by Tenantcommences. Tenant shall be solely responsible for all costs of Tenant Work fully and diligently cooperate with Landlord in excess of regard to the approvals and process required to accomplish the Landlord's Contribution. LandlordWork and, at its expenseif applicable, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
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Samples: Lease (Autonomous Technologies Corp)
Construction of Leasehold Improvements. The Leasehold Improvements' work shall be performed by a general contractor ("Contractor") (Fulxxxx Xxnstruction or DBAC) selected by Landlord and Tenant. Landlord and Tenant shall, after adjustments for the inconsistent assumptions to reflect an "apples to apples" comparison, select the lowest priced bid. Following Tenant's approval of the estimate described in Subparagraph 3.2 above, the Contractor shall commence and diligently proceed with the construction of the Leasehold Improvements, subject to Tenant Delays (as described in Paragraph 8) and any other delays beyond the reasonable control of Landlord or the Contractor (including, without limitation, any fire, earthquake, inclement weather or other acts of God, shortages in material or labor, strikes and delays in obtaining governmental permits and approvals). Promptly upon the commencement of the Leasehold Improvements work, Landlord shall furnish Tenant with a construction schedule setting forth the projected completion dates therefor and showing the deadlines for any actions required to be taken by Tenant during such construction, and Landlord may from time to time during construction of the Leasehold Improvements modify or amend such schedule. Landlord shall make a reasonable effort to meet such schedule, as the same may be modified or amended; provided, however, Landlord shall have no liability to Tenant for damages or losses, and Tenant shall have no right to terminate or cancel this Lease, as a result of any failure or delay in meeting such schedule or substantially completing the Leasehold Improvements except as provided in the Outside Commencement Date Rider. Any approved changes to the Final Plans shall initiate a new written estimate of Work Cost which shall be approved by Tenant pursuant to the provisions of Paragraph 3.2 above. Landlord shall permit Tenant and its agents or contractors to enter the Premises three (3) weeks prior to substantial completion, to perform -------------------------------------- Tenant's Work such work as installing furniture systems, trade fixtures, telephone systems and business equipment. The foregoing license to enter the Premises prior to substantial completion shall be conditioned upon Tenant and its agents and/or contractors working in harmony and not interfering with general contractor(s)the work being performed by Contractor, construction manager(s)or interfering with the permitting of the Leasehold Improvements' work, subcontractors and engineers shall otherwise be subject to the insurance and indemnity provisions of the Lease. Tenant agrees its choice, subject agents and/or contractor shall be required to coordinate their schedule with the Contractor to ensure work is not interrupted. Subject to Landlord's approval, which shall not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plansinstall a roof-mounted, Tenant shall be solely responsible for the design non-penetrating satellite dish antenna, and/or other equipment installed and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed maintained by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space contractor selected by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
Appears in 1 contract
Construction of Leasehold Improvements. Any improvements to the Premises shall be constructed by the Landlord at the sole cost and expense of the Tenant (Tenant's Work) no later than (5) working days after the execution of this Lease by the Tenant: (i) Tenant shall perform -------------------------------------- furnish Landlord with a preliminary Space Plan for the Premises, in form acceptable to Landlord's Space Planner drawn to a scale of one-quarter inch (1/4") equals one (1) foot, or (ii) Landlord and Tenant, or their representative, shall meet together with Landlord's Space Planner for the purpose of preparing a preliminary Space Plan for the Premises. Within ten (10) working days from Landlord's receipt of the preliminary Space Plan, Landlord shall prepare and furnish to Tenant an estimated cost of construction of Tenant's work, including in the estimate separate entries for labor, material and a supervisory fee in the amount of ten per cent (10%) of labor and material. No later than five (5) working days after submission of Landlord's estimate of construction cost to Tenant, as set forth above, Tenant shall either agree to the estimate and authorize Landlord to proceed with the Work or furnish to Landlord specific objections to the cost for Tenant's Work with general contractor(s)and to a final Space Plan, Landlord and Tenant shall execute an Addendum to this Lease, in the form attached hereto as Exhibit "D" incorporating into the Addendum the agreed-upon Space Plan for the Premises, and setting forth the agreed cost of construction. If Landlord and Tenant are unable to agree upon a Space Plan or construction manager(s), subcontractors and engineers of its choice, subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. cost for Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereoffrom the execution of this Lease by the Tenant, then Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review terminate this Lease upon (3) days written notice to Tenant and, thereupon, to re-let the Final Plans, Tenant shall be solely responsible for the design and function Premises. The agreed cost of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part construction of Tenant's Work (referenced shall be paid by Tenant to Landlord as set forth in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stockedD" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Workhereof.
Appears in 1 contract
Samples: Net Lease (Ocean Bio Chem Inc)
Construction of Leasehold Improvements. A. Tenant shall perform -------------------------------------- take possession of the Demised Premises in its present condition, "as is," it being agreed that Landlord shall have no obligation to improve the Demised Premises and that Tenant, upon taking possession of the Demised Premises, shall have accepted the condition thereof. Landlord agrees to provide the following leasehold improvements at Landlord's expense as indicated on Exhibit B.
B. Tenant shall be responsible for performing, at Tenant's Work with general contractor(s)sole expense, construction manager(s), subcontractors and engineers of its choice, subject any work in addition to Landlord's approval, not the Leasehold Improvements to be unreasonably withheldconstructed by Landlord as set forth above. If Tenant desires to perform any additional improvements beyond the Leasehold Improvements to be constructed by Landlord, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, Plans and Specifications for Landlord's approval (not such additional work to be unreasonably withheld or delayed), complete architectural plans, drawings prepared and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of submit the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred same to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval. Any such approved additional work, a modification or redesign shall be performed by responsible contractors and subcontractors approved by Landlord. All such contractors and subcontractors shall furnish in advance and maintain in affect workmen's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord's manager and mortgages as additional insured) with limits satisfactory to Landlord and each shall, prior to commencement of any work, comply with the Mechanic's Lien Law of the Final Plans, incorporating the reasonable revisions or modifications required state of Florida. All work shall be performed in such manner and at such time so as to avoid interference with any work being done by Landlord (or its contractors and subcontractors at the Property generally. Landlord shall, however, endeavor to allow Tenant access for such other changes as are suggested by Tenant)work prior to the Rental Commencement Data. Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given and its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects contractors and engineers shall have the right to review the Final Plans, Tenant subcontractors shall be solely responsible for the design transportation, safekeeping and function storage of such Final Plans materials and Tenant equipment used in the performance of its work, for the removal of waste and debris resulting therefrom and for any damage caused by them to any installations or work performed by Landlord or its contractors and subcontractors. Tenant;s contractors and subcontractors shall construct be subject to the general administrative supervision of Landlord for scheduling purposes, but Landlord shall not be responsible for any aspect of the work performed by Tenant's Work contractors or subcontractors. All work shall be performed in substantial compliance a good and workmanlike manner, in accordance with the approved Final Plans applicable building codes and other governmental requirements, and shall endeavor be diligently prosecuted to cause its contractors to complete all completion. No work shall adversely affect the structural integrity of the Building or the Demised Premises, nor shall such work with good quality workmanship using only new materials and equipment.
(i) restore diminish the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part value of the shipping and receiving area to Building or the condition shown on Demised Premises. Upon the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Workwork, Tenant shall submit deliver to Landlord a set and/or comply with the following: (1) Tenant's affidavit stating that Tenant's work has been completed; (2) an Affidavit of conformed plans incorporating all changes and/or revisions contractors and all laborers and material suppliers stating that they have all been paid in full and that all liens therefore that have been made subsequent to Landlord's approval filed have been discharged of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two record or waived; (23) pairs a complete release and waiver of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" lien with respect to the Building Demised Promises, executed by said contractor or contractors supplying labor and/or materials for Tenant's work; and (4) all certificates and approvals with respect to Tenant's work that may be required by any governmental authorities as a condition for the issuance of a Certificate of Occupancy for the Demised Premises. Landlord or Landlord's representative shall, during the course of construction and after completion of construction of the Demised Premises, have the right to inspect the Demised Promises to verify construction and completion in accordance with the approved Plans and Specifications. It is agreed that Tenant assumes the entire responsibility and liability for any and all injuries or death of any and all persons including Tenant's contractor or subcontractors, and their respective employees, and for any and all damages to property caused by, or resulting from or arising out at, any act or omission on the part of the Tenant, Tenant's contractor or subcontractors, or their respective employees, in the prosecution of the Tenant's work, and with respect to such work, Tenant agrees to indemnify and save harmless Landlord from and against any losses and/or expenses including reasonable legal fees and expenses, which it may suffer or pay as a result of claims or lawsuit due to, because of, or arising out of any and all such injuries or death and/or damage, whether real or alleged and Tenant and Tenant's contractor and/or subcontractors shall assume and defend at their own expense all such claims or lawsuits. Tenant agrees to insure this assumed liability in its comprehensive general liability policy and the Certificate of Insurance or copy of the policy that Tenant will present to Landlord prior to commencement at Tenant's work shall so indicate such contractual coverage. If Tenant requests Landlord to perform any work in addition to the Leasehold improvements, Tenant shall deposit an amount equal to Landlord's reasonable estimate at the cost of such work with Landlord prior to commencement of such work, which amount shall include an overhead and supervision charge equal to 20% of the estimated cost of the additional work. If the cost of the additional work plus the twenty percent (20%) overhead and supervision charge exceeds or is less than the estimate of Landlord, Tenant shall pay such excess or Landlord shall refund such overage as the case may be.
C. Notwithstanding anything to the contrary contained herein, Landlord reserves the absolute right to relocate the Demised Premises and the Common Areas from the City locations shown on Exhibit "B," it being agreed by Landlord and Tenant that the purpose of Xxxx upon its completion Exhibit "B" is to show the approximate location of Tenant's Workthe Demised Premises, provided that the new locations of the Demised Premises and Common Areas shall be similar in dimension. If Landlord gives Tenant notice that Landlord is relocating the Demised Promises after Tenant has commenced or completed any partitioning or other improvements to the Demised Premises, then in such event, Landlord shall provide Tenant with partitions and other improvements of equal quality and quantity in the relocated Demised Premises. The relocation of the Demised Premises hereunder shall not affect any other provision of this Lease.
Appears in 1 contract
Samples: Lease Extension Agreement (National Auto Finance Co Inc)
Construction of Leasehold Improvements. The Landlord shall, at its sole cost and expense, improve the Premises as set forth in Exhibit βBβ (βLandlordβs Workβ). In addition to the foregoing, Landlord shall perform, or cause to be performed, any and all renovations and improvements to the kitchen and bathrooms (the βRenovationsβ) at the Premises, the cost of which shall be performed at Landlordβs sole cost and expense and shall not be deducted from the TI Contribution (as hereinafter defined). The Renovations shall be deemed to be a part of the Landlordβs Work. The parties acknowledge and agree that the Renovations shall use building standard materials and finishes. Any improvements to the Premises other than those set forth in Exhibit βBβ shall be constructed by the Landlord at the sole cost and expense of the Tenant (βTenantβs Workβ). No later than five (5) business days after the execution of this Lease by the Tenant Tenant shall perform -------------------------------------- Tenant's Work furnish Landlord with general contractor(s)a βPreliminary Space Planβ for the Premises, construction manager(s), subcontractors and engineers of its choice, subject in form reasonably acceptable to Landlord's approval, not drawn to a scale of one-quarter inch (ΒΌβ) equals one (1) foot to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary used for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedβs Work. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within Within ten (10) business days after Landlord's Laxxxxxxβx receipt thereofof the Preliminary Space Plan, Landlord shall be deemed prepare and furnish to have given its consent theretoTenant an estimated cost of construction of Landlordβs Work based on the Preliminary Space Plan, including in the estimate separate entries for labor, material and a construction management fee in the amount of three percent (3%). No later than five (5) business days after submission of Landlordβs estimate of construction costs to Tenant, as set forth above, Tenant shall cause either agree to the Final Plans estimate and authorize Landlord to comply proceed with all Applicable Laws the Landlordβs Work or furnish to Landlord specific objections to the Work estimate. If Landlord and Tenant are unable to agree upon the construction cost for Landlordβs Work within thirty (hereinafter defined). Notwithstanding 30) days from the fact that Landlord's architects and engineers execution of this Lease by the Tenant, then Landlord or Tenant shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
terminate this Lease upon three (i3) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) days written notice to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by other and, thereupon, neither Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that nor Tenant shall have no responsibility any further rights or obligations under this Lease and the Security Deposit shall be promptly returned to make any design, structural or system changes to any portion Tenant. The agreed cost of such lobby after completion thereof as part construction of Landlord's βs Work and Tenant's Workshall be paid by Landlord from the TI Contribution as set forth in Exhibit βBβ hereof. The Excess TI Contribution (as defined in Exhibit βBβ) shall be paid by Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a in accordance with the terms set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy forth on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's WorkExhibit βBβ.
Appears in 1 contract
Construction of Leasehold Improvements. Tenant Lessor shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors construct and engineers install interior improvements in the Premises (hereinafter referred to as "Leasehold Improvements") for the use and benefit of its choiceLessee, subject to Landlord's approvalthe following terms and conditions:
A. The parties acknowledge that the base building that comprises the Premises has been completed as of the date of this Lease. Lessor agrees to construct the Leasehold Improvements in substantial accordance with the White Box Enhancement Drawings, not dated March 21, 2001, and the Qualifications and Clarifications, dated February 28, 2001, space plan attached hereto and made a part hereof as Exhibit "F" (the "Space Plan")("White Box Enhancement Drawings and Qualifications and Clarifications"). Lessor agrees to cause final plans and specifications for the Leasehold Improvements to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof prepared substantially in accordance with the Building's Rules White Box Enhancement Drawings and RegulationsQualifications and Clarifications and the applicable building code as interpreted and enforced at the time of such preparation by the governmental bodies having jurisdiction thereof. When Lessor requests Lessee to specify details or layouts, a copy Lessee shall specify same, subject to the provisions of which being annexed hereto the White Box Enhancement Drawings and Qualifications and Clarifications, so as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all delay completion of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired Leasehold Improvements. Lessee shall pay to Lessor all increased costs or damages incurred by Tenant thereforLessor attributable to delays caused by Lessee, and Lessee shall be responsible for lost rent arising out of delay in completion of the Leasehold Improvements caused by Lessee.
B. If Lessee requests changes to the Leasehold Improvements (iior the White Box Enhancement Drawings and Qualifications and Clarifications) any internal or external communications or special utility facilities which will require conduiting or other improvements Space Plan that increase the cost of constructing the Leasehold Improvements, such excess price shall be paid by Lessee to Lessor in cash within common areas, all in thirty (30) days from the date the Leasehold Improvements are substantially completed and Lessor has submitted a written statement to Lessee requesting such form and in such detail as may be reasonably required by Landlordpayment. Such complete plans, drawings and specifications are referred to herein as In the "Final Plans". If Landlord ----------- shall disapprove of event any portion of the Final PlansLeasehold Improvements for which an allowance is provided is less than the amount allowed, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord there shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipmentno cash or other refund.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
Appears in 1 contract
Construction of Leasehold Improvements. Tenant (a) After receipt and approval of Lessee's Plans, Lessor shall perform -------------------------------------- Tenantadminister the construction of Leasehold improvements in accordance with the approved construction documents and proposal of Lessor's Work with general contractor(s)Contractor; provided, construction manager(s)however, subcontractors that Lessor shall not be required to install any Leasehold improvements which do not conform to Building plans and engineers specifications or to any applicable regulations, laws, ordinances, codes and rules. Such conformity shall be the obligation of Lessee.
(b) Lessor shall, at its choiceexpense, subject deliver the Leased Premises to Landlord's approvalLessee in an "As-is" condition without any representations or warranties, not to be unreasonably withheldexpressed or implied, delayed of any character or conditioned. Tenant's Work shall include the installation of special Building systems kind whatsoever, including, without limitation, kitchensfitness for a particular purpose or tenantability, supplemental HVAC systems and computer facilitieswithout recourse to Lessor. Landlord Lessor shall not charge assign to Lessee (without any supervisory fees warranty express or implied) any warranties Lessor receives from the contractor with respect to Tenantthe Leasehold improvements.
(c) All Leasehold improvements shall be constructed by Lessor's Work. Landlord's Contractor with the exception of telephone and Tenant's contractors, employees computer equipment and all other designated personnel shall have unimpeded access wiring which may be installed by Lessee subject to the Building Complex necessary for limitations contained herein. All such equipment furnished and installed by Lessee shall be installed in a manner which conforms with Lessor's Contractor's schedule, and the construction thereof work of installation shall be handled in accordance with the Building's Rules and Regulations, such a copy of which being annexed hereto manner as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld interfere with or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all delay the work of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by LandlordLessor's Contractor. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any No portion of the Final Planswork to be performed by Lessor's Contractor shall be dependent upon completion of any work of construction or installation to be performed by Lessee.
(d) It is agreed that Lessee may authorize changes (Change Orders) in the Leasehold improvements, Landlord provided that any Changes Orders must meet the criteria set forth in paragraph 1(b) above, nor act to extend the time for construction. Lessee shall advise Tenant pay any net increase in cost and any additional administrative cost recovery fee as a result thereof (including the cost of its comments all modifications to Leasehold improvements which have theretofore been initiated or constructed and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or any modifications required by Landlord (and such other changes as are suggested by Tenantto the base building). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord The Leased Premises shall be deemed to have given its consent thereto. Tenant shall cause be "ready" for Lessee's occupancy when the Final Plans to comply with all Applicable Laws build-out work (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible except for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(iminor finishing jobs) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included has been substantially completed as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.defined below: TERM - SUBSTANTIAL COMPLETION
Appears in 1 contract
Samples: Lease Agreement (Ivg Corp)
Construction of Leasehold Improvements. Tenant 3.1 The Leasehold Improvements shall perform -------------------------------------- Tenantbe constructed by Sublessor in two phases in accordance with the Final Plans by a general contractor under one or more Construction Contracts (hereinafter defined). Within five days after final approval by Sublessor of the Initial Plans and Specifications, Sublessee and Sublessor shall meet and agree upon four qualified general contractors ("QUALIFIED CONTRACTORS") acceptable to Sublessor, Sublessee and Master Lessor, from whom Sublessor will procure bids for the construction of the Leasehold Improvements. Provided, however, if Master Lessor has approved fewer than four Qualified Contractors for leasehold improvement construction in the Building, then Sublessee and Sublessor shall select from the number of such approved contractors. Within ten days after Sublessor has approved the Final Plans, Sublessee shall prepare and submit bid packages ("BID PACKAGES") to the Qualified Contractors for construction of the Leasehold Improvements ("CONSTRUCTION BIDS"). All Bid Packages shall be in compliance with all applicable laws and regulations applicable to the procurement of bids for construction of the Leasehold Improvements. Sublessee will transmit copies of all Bid Packages to Sublessor.
3.2 Within two days after receipt by Sublessor and Sublessee of all responses to the Construction Bids, Sublessor and Sublessee shall select the "Low Qualified Construction Bid" for the Construction Contract. The "LOW QUALIFIED CONSTRUCTION BID" shall be the Construction Bid with the lowest total cost of construction for the Leasehold Improvements, which is in compliance with all of the requirements contained in the Bid Packages (herein referred to as the "APPROVED BID"). Sublessor shall give Sublessee notice (including a copy thereof) of the Approved Bid and the contractor submitting same (the "APPROVED CONTRACTOR").
3.3 within five days after acceptance of the Low Qualified Construction Bid by Sublessor, Sublessor shall meet with the Approved Contractor and negotiate the terms of one or more Construction Contracts for the Leasehold Improvements, pursuant to the Low Qualified Construction Bid, including without limitation a data flow chart providing a schedule ("CONSTRUCTION SCHEDULE") of anticipated completion dates for the various phases of construction of the Leasehold Improvements reasonably acceptable to Sublessor and Sublessee (herein referred to, whether one or more, as the "CONSTRUCTION CONTRACT"). The Construction Contract shall provide for a stipulated sum as the basis of payment; require insurance coverage in amounts and types reasonably acceptable to Sublessor; and contain other terms and conditions reasonably acceptable to Sublessor. Unless mutually agreed to by Sublessor and Sublessee, or unless required by Master Lessor, there shall be no specified subcontractors. The Construction Schedule shall be in sufficient detail to allow Sublessor and Sublessee to monitor the construction process and identify the scheduled dates of completion for each material phase of construction. Sublessor and Sublessee shall sign and date the Construction Schedule evidencing their acceptance and agreement to the same. The Approved Contractor shall obtain all permits and approvals from all appropriate governmental agencies necessary to commence and complete construction and occupancy of the Leasehold Improvements.
3.4 The Leasehold Improvements shall be constructed by Sublessor at Sublessee's Work cost and expense. The Construction Contract may provide, at Sublessor's option, that the amounts due thereunder are paid directly by Sublessee to the Approved Contractor, in which event Sublessee agrees to timely pay such amounts in the manner required by the Construction Contract. Otherwise, Sublessee will pay Sublessor each draw request or other bill xx invoice due in connection with general contractor(s)the Leasehold Improvements within two business days after Sublessee's receipt of a draw request or other evidence that payment is due
3.5 Within three days after acceptance of the Low Qualified Construction Bid by Sublessor, construction manager(s)Sublessee shall deposit with Sublessor an amount equal to 10% of Sublessor's estimate of the Cost of the Leasehold Improvements. This amount shall be used, subcontractors and engineers if necessary, to cover any Cost of its choicethe Leasehold Improvements that Sublessee fails to timely pay as required by Paragraph 3.4 above, subject without prejudice to Landlord's approval, not to be unreasonably withheld, delayed any other remedy or conditioned. Tenant's Work shall include the installation of special Building systems remedies which Sublessor may have on account thereof (including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge use of all or any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to part of the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayedSecurity Deposit), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) upon such application of funds Sublessee shall pay Sublessor on demand the amount so applied. Upon final payment of all Costs of the PremisesLeasehold Improvements, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) Sublessor will return any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any unused portion of such deposit to Sublessee.
3.6 Sublessee shall be responsible for all architectural and engineering fees incurred in developing and preparing the Preliminary Space Plan and the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two (2) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
Appears in 1 contract
Construction of Leasehold Improvements. At such time as Tenant shall perform -------------------------------------- has approved (or is deemed to have approved) the Cost Proposal and has made any required Construction Deposit, Landlord will cause the Leasehold Improvements (and the Base Building work, if not already completed) to be constructed or installed in the Premises in a good and workmanlike manner and according to the Construction Documents and all applicable Laws. Upon substantial completion of the construction and installation of the Leasehold Improvements and prior to Tenant's Work with general contractor(s)occupancy of the Premises, construction manager(s)Tenant will pay to Landlord the amount, subcontractors if any, by which the Total Cost exceeds the sum of the Landlord's Allowance and engineers the Construction Deposit. If Landlord's Allowance exceeds t e Total Cost, Tenant will be entitled, during the Term of its choicethe Lease, to use the unused portion of Landlord's Allowance (the "Remaining Landlord's Allowance") for Approved Additional Leasehold Improvements. "Approved Additional Leasehold Improvements" shall mean any additional alterations, leasehold improvements and installations to be constructed or 29 installed by Tenant in the Premises, excluding any repairs, replacements and/or maintenance to the Base Building work and the Leasehold Improvements. Approved Additional Leasehold Improvements shall be subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof prior written approval in accordance with the Building's Rules terms and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all provisions of the Premises, showing the location of doors, partitions, electrical Lease and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlordthis Work Letter, which consent approval shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord and specifications for Approved Additional Leasehold Improvements shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part of the shipping and receiving area to the condition shown on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Work, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent subject to Landlord's approval according to Paragraph 14 below. If Landlord approves Tenant's plans for the Approved Additional Leasehold Improvements, Tenant may perform or cause to be performed the Approved Additional Leasehold Improvements in accordance with and subject to the applicable terms, covenants and conditions of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doorsLease and this Work Letter, including two specifically, without limitation, Paragraph 13 below and Paragraphs 8 and 9 of the Lease. With respect to the Approved Additional Leasehold Improvements, Landlord agrees to pay Tenant an allowance to be applied to the cost of designing and performing the Approved Additional Leasehold Improvements in an amount equal to the lesser of (2a) pairs of glass doors, for use in Tenant's costs; or (b) the Building, which doors shall be Remaining Landlord's Allowance. Landlord will distribute the Remaining Landlord's Allowance (or any portion thereof actually used by Tenant as part of Tenant's Work. If the Final Plans or any amendment thereof or supplement thereto shall require changes herein provided), in Landlord's Work, the increased cost a single payment to Tenant within thirty (30) days after (a) Tenant has completed all of the Base Building improvements caused by such changes shall be borne by Tenant. Approved Additional Leasehold Improvements in the Premises, and (b) Tenant shall be solely responsible delivers to Landlord original lien waivers from all contractors and any and all applicable subcontractors or suppliers indicating that claims for all costs of Tenant Work in excess of Landlordmechanics' or material men's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" liens with respect to the Building Approved Additional Leasehold Improvements for the Premises have been waived. Additionally, Tenant shall provide to Landlord written notice from the City of Xxxx upon its completion of all contractors and Tenant's Workarchitect (or other evidence satisfactory to Landlord) that the Approved Additional Leasehold Improvements for the Premises have been completed.
Appears in 1 contract
Samples: Lease Agreement (Ilx Lightwave Corp)
Construction of Leasehold Improvements. A. Landlord shall construct the improvements required to ready the Leased Premises for occupancy by Tenant shall perform -------------------------------------- (the "Leasehold Improvements") in accordance with plans and specifications to be provided by Tenant (the "Plans and Specifications") at Tenant's Work with general contractor(s), construction manager(s), subcontractors expense. The Plans and engineers Specifications shall be in form and content as required by the applicable building authorities for the issuance of its choice, subject a building permit and shall otherwise be reasonably acceptable to Landlord's approval. After review and approval of the Plans and Specifications, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not submit to Tenant a binding cost bid with a line item breakdown of values for construction of the Leasehold Improvements (which shall/-\ include design costs and a charge any supervisory fees with respect to Tenant's Work. of twelve percent (120/o) for Landlord's Contractor's overhead, profit, and Tenant's contractorssupervision, employees and all other designated personnel line items contained in the Leasehold Improvements). If the binding cost bid is equal to or less than a sum equivalent to $25.00 per usable square foot ("Landlord's Contribution") Landlord shall have unimpeded access to obtain necessary permits and commence the Building Complex necessary for the construction thereof Leasehold Improvements in accordance with the BuildingPlans and Specifications. If the binding cost bid exceeds a sum equivalent to Landlord's Rules and RegulationsContribution, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect within the ensuing ten (1 0) days either: (a) pay to furnish to LandlordLandlord a sum ("Tenants Contribution") that, for with the Landlord's approval Contribution, will equal the binding cost bid; or (not b) submit revised Plans and Specifications reflecting changes that will reduce specific line item values so that the total binding cost bid is reduced to be unreasonably withheld a sum equal to or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for less than the Landlord's Contribution. If neither option (ia) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired nor (b) is exercised by Tenant thereforwithin the time period provided, and (ii) any internal or external communications or special utility facilities which Tenant will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws exercised option (hereinafter defineda). Notwithstanding Any delay in Tenant's payment of the fact that Tenant's Contribution when due shall entitle Landlord to (a) postpone further work on the Leasehold Improvements and charge a ten percent (IO%) increase on Tenant's Contribution (with a corresponding reduction in Landlord's architects Contribution), or (b) terminate this Lease. Tenant's Contribution shall be re-calculated and engineers shall have the right appropriate payments to review the Final Plans, or from Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.
(i) restore the mechanical and ceiling systems in the shipping and receiving area shown on Tenant's plans included as part of Tenant's Work (referenced in Exhibit B-2) to the condition shown on such plans; (ii) restore any modifications to the Building's exterior wall structure and landscaping resulting from the installation of Tenant's drive-in door as part made upon completion of the shipping and receiving area to the condition shown Leasehold Improvements based on the Base Building Construction Documents; and (iii) replace any finish materials installed by Tenant in and to the Building's ground floor lobby with such finish materials (or their reasonable equivalent) as would have been installed in such space by Landlord as part of its originally contemplated design therefor (as reflected on certain plans and specifications identified on Exhibit B-1 hereto), Landlord hereby acknowledging that Tenant shall have no responsibility to make any design, structural or system changes to any portion of such lobby after completion thereof as part of Landlord's Work and Tenant's Work. Tenant shall cause its architect to provide documentation for all changes to the Final Plans at the time each change is authorized for construction. Within sixty (60) days after the date of substantial completion of Tenant's Workbinding cost bid, Tenant shall submit to Landlord a set of conformed plans incorporating all changes and/or revisions that have been made subsequent to Landlord's approval of the Final Plans. Tenant acknowledges that Landlord has "pre-stocked" certain Building Standard doors, including two Contribution (2based on actual usable square footage) pairs of glass doors, for use in the Building, which doors shall be used by Tenant as part of Tenant's Work. If the Final Plans or and any amendment thereof or supplement thereto shall require changes in Landlord's Work, the increased cost of the Base Building improvements caused by such changes shall be borne change orders requested by Tenant. Tenant shall be solely responsible for all costs of Tenant Work in excess of Landlord's Contribution. Landlord, at its expense, shall obtain the "Certificate of Occupancy on the Building Shell (Less Tenant Improvements)" from the City of Xxxx upon its completion of Landlord's Work. Tenant, at its expense, shall obtain the final "Certificate of Occupancy" with respect to the Building from the City of Xxxx upon its completion of Tenant's Work.
Appears in 1 contract
Samples: Lease Agreement (Cobratec Inc)
