LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following: a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors. b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment. c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas. d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap. e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq. f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal. g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes. h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises. i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down. j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises. k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority. l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2) keys per lock combination shall be provided to the Lessee. m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends. n) Trash removal from office wastebaskets, dumpsters, or equivalent containers. o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances. p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence. q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination. r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited). s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3. t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice. u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots. v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee. w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project. x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises. y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction. z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V. bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq. cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged. dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space. ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space. 3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises. 3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and 50 common motor vehicle parking spaces on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six seventy-five (75) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period and any exercised options in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two six (26) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking spaces on the Leased premises, premises for six motor vehicles, including overnight parking for stateforty-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.six
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 464 motor vehicles, including overnight parking for state-owned motor vehicles. This number includes 334 secured parking spaces and 130 public spaces. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) HeatingDeleted, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.Not Applicable
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 20 foot-candles, measured at desk floor level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold waterDeleted, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.Not Applicable
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebasketsDeleted, dumpsters, or equivalent containers.Not Applicable
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial suppliesDeleted, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.Not Applicable
q) Paved, striped, illuminated, and common Common motor vehicle parking on the Leased premises, for six 5 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six one hundred sixty (160) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.thirty
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six one hundred twenty (120) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.2)
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting and ceiling grid pads as neededthroughout, during the one hundred twenty eighty (120180) days immediately following the start of the eleventh (11th) year of occupancyfirst renewal option, and every ten (10) years thereafterif exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, carpet and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 50 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, for office space only) at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) (For office area only) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. The following is for the entire leased area-Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seqet.seq.
f) Metered utility costs for electricityDeleted, natural gas, water, sewerage, steam, fuel oil, or coal.not applicable
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premisesDeleted, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.applicable
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide for weekly cleaning services as described in Enclosure "F"of: • The general warehouse area, shall be free of boxes and trash, and swept clean. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then • The offices shall be reduced by the actual cost plus a 15% administrative fee vacuumed once per occurrence.week • The bathrooms shall be cleaned daily • The breakrooms shall be cleaned daily
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 50-100 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years once during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six fifty (50) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-seventy (70) foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent, or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six ten (10) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. This does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor and Lessee mutually agree, as stated in paragraph 3.1 (cc), with regards to future carpet installation. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, not applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 25 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and 10 common motor vehicle parking and 1 handicap/special parking on the Leased premises, for six 11 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and 20 common motor vehicle parking spaces on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinancesThis does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the and Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, not applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) PavedDeleted, striped, illuminated, and common motor vehicle parking on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.Not Applicable
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting and ceiling grid pads as neededthroughout, during the one hundred twenty eighty (120180) days immediately following the start of each tenth (10th) year of possession, and during the one hundred eighty (180) days immediately following the start of the eleventh (11th) year of occupancyrenewal options, and every ten (10) years thereafterif exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six sixty (60) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six thirty (30) motor vehiclesvehicles and two (2) handicap spaces, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 fifty (50) foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two three (23) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two (2) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three (3) years by during the Lessorlease period and any subsequent renewal option(s). Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap. Bathrooms shall be built and set up with approximately 80% ratio for women and 20% ratio for men.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardwarehardware and/or keyless entry compatible with the State system. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination and/or keyless access cards compatible with the State system shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F"F (5) pages. In the event the a daily janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide will give notice to the Lessor with a 24- hour period to cure the issue. In the event reoccurring janitorial service as described above and services are not remedied to a reasonable industry standard, the Lessee will give notice to the Lessor with a 15-day period to cure or the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 200 motor vehicles, vehicles 130 designated for state employees including overnight parking for state-state owned motor vehiclesvehicles and shall be secured within a fenced in area and accessible with a card reader system that is compatible with the “buildings system”, which is a Honeywell Security Manager system. The striping on the parking lot shall be repainted every three (3) years eight times during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting throughout and ceiling grid pads as needed, during the one hundred twenty eighty (120180) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafterpossession if the renewal option is exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six five (5) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damagedapplicable.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 60 motor vehicles and 2 handicapper motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 75 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-70 foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six one hundred five (105) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two six (26) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking spaces on the Leased premisespremises for sixty- five (65) motor vehicles for guests, for six motor vehiclesclients and/or visitors, including employees, and the overnight parking for state-owned motor vehicles. The one hundred seventy-five (175) reserved spaces shall be located adjacent to the Leased premises and will be enclosed by a fence and will be accessed by automatic gates with a remote-control system. The Lessor shall provide personnel, parts and equipment necessary to maintain the fence, controls, and gates. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two six (26) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common parking spaces on the Leased premises for one hundred twenty five (125) motor vehicles for guests, clients and/or visitors and three hundred fifty (350) reserved motor vehicle parking spaces on the Leased premises, premises for six motor vehicles, including employees and the overnight parking for state-owned motor vehicles. The three hundred fifty (350) reserved spaces shall be located adjacent to the Leased premises and will be enclosed by a fence and will be accessed by automatic gates with a remote control system. The Lessor shall provide personnel, parts and equipment necessary to maintain the fence, controls, and gates. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-seventy (70) foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent, or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six eighty-five (85) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. This does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor and Lessee mutually agree, as stated in paragraph 3.1 (cc), with regards to future carpet installation. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, not applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 4 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years two times during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six twelve (12) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2( ) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, except state government holidays.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2( ) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 150 motor vehiclesvehicles (90 parking spaces for State vehicles behind the building and 60 parking spaces for the public in front of the building), including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years times during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting and ceiling grid pads as neededthroughout, during the one hundred twenty eighty (120180) days immediately following the start of the eleventh tenth (11th10th) year of occupancypossession, and every ten during the one hundred eighty (10180) years thereafterdays immediately following the start of the first renewal option, if exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six thirty (30) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six ten (10) motor vehiclesvehicles and two (2) handicap spaces, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, premises for six thirty five (35) motor vehicles and reserved motor vehicle parking on the Leased premises for ninety five (95) motor vehicles, including overnight parking for state-owned motor vehicles. The ninety five (95) secured parking spaces, located adjacent to the Leased premises, are for the exclusive use of Lessee employees and will be enclosed by a fence and will be accessed by an automatic gate with remote controls. The Lessor shall provide personnel, parts and equipment necessary to maintain the fence, controls, and gate. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence. Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 225 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 50 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six one hundred five (105) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting and ceiling grid pads as neededthroughout, during the one hundred twenty eighty (120180) days immediately following the start of the eleventh (11th) year of occupancyfirst renewal option, and every ten (10) years thereafterif exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted twice every three (3) 5 years including option periods if exercised in the summer by the Lessor. Illumination shall be not less than 2 foot-foot- candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 10 motor vehiclesvehicles and 2 handicap spaces, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°68 F to 78°78 F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°120 F and not less than 110°110 F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six fifty (50) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-70 foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2( ) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 27 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-foot- candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 25 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 45 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A Annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 47 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two six (26) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common parking spaces on the Leased premises for fifty (50) motor vehicles for guests, clients and/or visitors and one hundred seventy five (175) reserved motor vehicle parking spaces on the Leased premises, premises for six motor vehicles, including employees and the overnight parking for state-owned motor vehicles. The one hundred seventy five (175) reserved spaces shall be located adjacent to the Leased premises and will be enclosed by a fence and will be accessed by automatic gates with a remote control system. The Lessor shall provide personnel, parts and equipment necessary to maintain the fence, controls, and gates. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-fifty (50) foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent, or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two hundred (200) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-foot- candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. This does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor and Lessee mutually agree, as stated in paragraph 3.1 (cc), with regards to future carpet installation. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, not applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six fifty (50) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer every three (3) years during the lease period and once during any subsequent renewal options by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six seventy five (75) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three two (32) years by during the Lessorlease period and any subsequent renewal options. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 20 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and 20 common motor vehicle parking spaces on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” onlyDeleted, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 fifty (50) foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent, or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty heavy‑duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two four (24) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icingde‑icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two hundred (200) motor vehicles, including overnight parking for state-owned state‑owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. This does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor and Lessee mutually agree, as stated in paragraph 3.1 (cc), with regards to future carpet installation. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, not applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.not applicable
cc) New carpet and paint throughout, and ceiling grid pads tiles as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged. The Lessor will provide a work schedule and obtain approval from the Lessee (XXX) prior to beginning any of the work described in this paragraph.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent incandescent, fluorescent or fluorescent LED lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste waterwastewater. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two six (26) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six fifty (50) motor vehicles, including overnight parking for state-state owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all all-important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-fifty (50) foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two three (23) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two (2) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three (3) years by during the Lessorlease period and any subsequent renewal option(s). Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
V. bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two (2) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years once during the lease period and once during the renewal option in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 fifty (50) foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two three (23) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". Janitorial supplies shall include, but not be limited to toilet tissue, hand soap, a means for drying hands, waxes, strippers, sealers, etc. In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six two (2) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted in the summer by the Lessor every three (3) years by during the Lessorlease period and any subsequent renewal option(s). Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
Not Applicable cc) New carpet and paint throughoutDeleted, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 389 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-70 foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six fifty-two (52) motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three two (32) years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insuredsinsured’s, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, carpeting and ceiling grid pads as neededthroughout, during the one hundred twenty eighty (120180) days immediately following the start of the eleventh (11th) year of occupancyfirst renewal option, and every ten (10) years thereafterif exercised. The 120180-day period is intended as a “"window period” " only, not as permission to take 120 180 days to complete the replacement. The carpet, paint, carpet and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, carpeting and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F 68F to 78°F78F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F 120F and not less than 110°F110F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual per square foot cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 45 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) two years during the lease period in the summer by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs paragraphs
2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by from the local municipality or authority having jurisdictionpublic fire marshal authority, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permitsa renewal option is exercised, including renovations which may be required under Article 3.9, the Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy Lessee with an updated report within sixty (60) days from the beginning date of completion of the projecteach renewal period.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
paragraphs 2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 75 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. This does not include the foreseeable replacement of the carpet throughout the Leased premises. The Lessor and Lessee mutually agree, as stated in paragraph 3.1 (cc), with regards to future carpet installation. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A legible photocopy of all annual written reportinspections, not more than sixty submitted within thirty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (6030) days of completion of completion, certifying the projectfire alarm, fire extinguishers, emergency exit lighting, and fire sprinkler system (as applicable) are in proper working condition.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
. aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
Deleted, Not Applicable bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docksDeleted, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.Not Applicable
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 70 foot-candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two five (25) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six 75 motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
LESSOR OBLIGATIONS. 3.1 The Lessor shall furnish to the Lessee and pay the cost of the following:
a) Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall, and a humidification range of 30% to 50%, at all times occupied. Ventilation in restrooms shall be a minimum of 100 cfm, exhausted to the outdoors.
b) Electrical power distribution system throughout the Leased premises, for the operation of all business machinery and equipment.
c) Natural and/or artificial interior illumination that provides a minimum 50 foot-foot- candles, measured at desk level, at all times, throughout the Leased premises. Artificial illumination shall be by incandescent or fluorescent lamps, and shall include tubes, bulbs, starters, ballasts, and fuses used inside the illumination fixture, and the replacement thereof for the Leased premises and common areas.
d) Domestic plumbing system to restrooms and break rooms capable of supplying hot and cold water, and removing sanitary waste water. Hot water delivery shall be not more than 120°F and not less than 110°F, measured at the tap.
e) Potable water shall meet the requirement of the Safe Drinking Water Act, 1976 PA 399, as amended, MCL 325.1001 et seq.
f) Metered utility costs for electricity, natural gas, water, sewerage, steam, fuel oil, or coal, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, except state government holidays.
g) Adequate roof, vertical, and foundation thermal insulation in accordance with applicable codes.
h) Complete moisture protection from all exterior weather sources, on all sides, floors, and roof of the Leased premises.
i) Sound attenuation between any mechanical system or other tenant in the premises and the Leased premises, which provides not greater than 45dbA sound level readings, under conditions with all Lessee business equipment shut down.
j) Vibration isolation between any mechanical, plumbing, electrical, or other building system attached to and a part of the Leased premises.
k) Any equipment, portable or fixed, including alarm notification systems, required by the local public fire marshal authority.
l) Commercial grade, heavy-duty locking hardware. Prior to Lessee possession, all doors providing access to the Leased premises shall be rekeyed and two (2( ) keys per lock combination shall be provided to the Lessee.
m) Pest control, including but not limited to: insects, rodents, flying animals, etc. Spraying must be performed after business hours or on weekends.
n) Trash removal from office wastebaskets, dumpsters, or equivalent containers.
o) Exterior grounds maintenance, including grass and weed cutting, clippings removal, leaf raking, litter removal, sidewalk surface and parking lot surface maintenance, de-icing, and snow removal. Snow removal is required anytime the accumulated depth is 2" or more, 24 hours after the most recent snowfall, and there shall be a clear path from the handicapper motor vehicle parking spaces to the barrier free entrances.
p) Janitorial supplies, equipment, personnel, and supervision to provide cleaning services as described in Enclosure "F". In the event the janitorial service provided by the Lessor is not satisfactory to a reasonable industry standard, the Lessee may provide janitorial service as described above and the Lessee's rent will then be reduced by the actual cost plus a 15% administrative fee per occurrence" ( ) pages.
q) Paved, striped, illuminated, and common motor vehicle parking on the Leased premises, for six motor vehicles, including overnight parking for state-owned motor vehicles. The striping on the parking lot shall be repainted every three (3) years by the Lessor. Illumination shall be not less than 2 foot-candles, with a uniformity not greater than 4 to 1, measured on the parking surface. The Lessor shall provide replacement tubes, bulbs, starters, and fuses, i.e., all parts and equipment necessary to provide and maintain this exterior illumination.
r) Leased premises shall comply with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 et seq. (Utilization of Public Facilities by Physically Limited).
s) Complete maintenance of the Leased premises, except for any obligations expressly undertaken by the Lessee set forth in Article IV. The Lessor shall keep the Leased premises in good repair, and able to perform and operate as designed, free from dangerous or defective conditions, and in tenantable condition, and at the Lessor's sole expense, properly and in a manner customarily accepted by the skilled trades, make all repairs and/or replacements, structural or nonstructural, of whatever nature. The Lessor shall provide inspections and preventive maintenance for heating and cooling systems in accordance with manufacturers' standards and any local codes or ordinances. The Lessor shall have a reasonable period of time, not to exceed thirty (30) days after receipt of a detailed written notice from the Lessee, to cure any maintenance defect. Additional time to cure any such maintenance defects may be allowed provided, in the Lessee's discretion, the Lessor proceeds with due diligence both during and after such thirty (30) day period, and the total time period to cure does not exceed ninety (90) days. This provision is cross referenced in paragraphs 4.2, 5.15, 5.17, and 11.3.
t) A listing of all important service or repair contractors to be contacted by telephone by the Lessee for emergency service or maintenance. These emergency telephone numbers shall be used by the Lessee only after attempting contact with the Lessor, given the scope and nature of the emergency. The Lessor shall maintain an updated or otherwise current listing. Lessor's failure to provide the emergency telephone numbers or to notify the Lessee of changes to the current listing shall be considered as authorization for the Lessee to contact an emergency service or maintenance contractor of choice.
u) Full replacement value insurance, for the Leased premises identified in paragraphs 2.1 and 2.2, having only standard exclusions, i.e. for acts of war, nuclear disaster, or civil riots.
v) General premises liability insurance for the Leased premises identified in paragraphs 2.1 and 2.2, which provides full coverage for the Lessor, the Lessee, and their respective agents and employees and which protects against all claims, demands, actions, suits, or causes of action, and judgments, settlements or recoveries, for bodily injury or property damage arising out of a condition of the Leased premises. The Lessor agrees to maintain minimum policy limits in the amount of $500,000.00 per occurrence for property damage, and $1,000,000.00 per occurrence for bodily injury, with a $2,000,000.00 aggregate. The Lessor shall provide to the Lessee a certificate of insurance listing the Lessee, its several departments, boards, agencies, commissions, officers, and employees as additional insureds, within thirty (30) calendar days following execution and delivery of this Lease to the Lessor, and every year thereafter. The insurance policy shall provide that it may not be modified, cancelled, or allowed to expire without thirty (30) days prior written notice given to the Lessee.
w) A written report, not more than sixty (60) days old from the date of first possession, approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy. If Lessor makes building changes that require construction permits, including renovations which may be required under Article 3.9, Lessor shall provide a certificate of occupancy, as approved by the local municipality or authority having jurisdiction, indicating the Leased premises are approved for occupancy within sixty (60) days of completion of the project.
x) A legible photocopy of the recorded warranty deed, or other instrument conveying current legal possession or title, with right to lease or sublease the Leased premises, as found in paragraphs
2.1 and 2.2, to the Lessor; and copies of all other documents limiting or restricting the use of the Leased premises or affecting title to the lands and Leased premises.
y) A legible photocopy of the current legal entity documents (corporation, partnership, trust, D.B.A., etc.) of the Lessor. This shall include signature authorizations indicating the signatory of this Lease is authorized to act on behalf of the legal entity, in this real estate transaction.
z) A legible photocopy of any certificates of occupancy, as approved by the local public building department or authority, if remodeling or construction is performed in paragraph 3.7.
aa) Legible photocopies of all paid-in-full supporting documents necessary to calculate adjustments to the rental consideration referenced in Article V.
bb) Adequate and easily accessible indoor space in the vicinity of any shipping and receiving docks, areas, or platforms, for the purpose of the placement of holding containers for state-government recyclable materials and supplies, in accordance with 1994 PA 451, as amended, MCL 324.16501 et seq.
cc) New carpet and paint throughout, and ceiling grid pads as needed, during the one hundred twenty (120) days immediately following the start of the eleventh (11th) year of occupancy, and every ten (10) years thereafter. The 120-day period is intended as a “window period” only, not as permission to take 120 days to complete the replacement. The carpet, paint, and ceiling grid pads shall be of equal or better construction, materials, or grade, as compared to the carpet, paint, and ceiling grid pads used upon initial possession. The Lessor will provide, at Lessor’s sole cost, in addition to the carpet, moving or “lifting” of the existing furniture, if necessary; the adhesive for the new carpet, and the replacement of any cove base if damaged.
dd) Signage located at all areas of ingress, egress and other conspicuous areas clearly designating “No Smoking” and/or the international “no smoking” symbol in sufficient number to communicate that smoking within the Leased premises is prohibited. If the Leased premises includes both enclosed and unenclosed space, this signage must be located at comparable areas of any enclosed space.
ee) A designated smoking area located outside of the Leased premises at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the Leased premises; a sufficient number of receptacles specifically designed for smoking related trash to accommodate all smokers who work and conduct business in the Leased premises; and disposal of smoking related trash. If the Leased premises includes both enclosed and unenclosed space, the smoking area must be located outside any enclosed space at a sufficient distance from windows and ventilation systems to ensure that smoke does not enter the enclosed space.
3.2 The Lessor warrants that any asbestos contained within the Leased premises has been removed prior to the Lessee taking possession; or if not removed, is present or installed in a manner that will not harm or injure human occupants. The parties agree that the Lessee assumes no liability or responsibility for the presence of asbestos in or on the Leased premises.
3.3 a) The Lessor covenants that he/she has undertaken an environmental assessment of the Leased premises, satisfactory to and for the benefit of the Lessee, that is adequate to establish the liability exemptions and defenses available in Sections 20126(1)(c) and 20126(3)(h) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.20126(1)(c) and 324.20126(3)(h) and Section 107(b)(3) of the Comprehensive Environmental Response Compensation Liability Act, 42 USC 9607(b)(3), and that the Leased premises, and property on which the Leased premises is located, do not contain a concentration of any hazardous substance above applicable criteria.
Appears in 1 contract
Samples: Lease Agreement
