OFFICE. LEASE
This LEASE, made this 8th day of January 1999, and effective as of
January 4,1999, is between Universal City Studios, Inc. ("Landlord"), 000
Xxxxxxxxx Xxxx Xxxxx, Xxxxxxxxx Xxxx, Xxxxxxxxxx 00000 and BellaCasa Productions
("Tenant"), c/o Xxxxx XxXxxxxx, 00000 Xxxxx Xxxxx, Xxxxxx Xxxx, Xxxxxxxxxx
00000, for the premises herein described.
1. DEFINITIONS
The terms below have the following meanings:
(a) Lease:
This document, including those Exhibits A, B, C and D attached
hereto and made a part hereof (collectively, the "Lease").
(b) Building/Premises:
Building 473, 3rd Floor, Offices 305 and 307 for a total of
570 square feet
(c) Term:
The term ("Term") shall commence on January 4, 1999, and
continues on a month-to-month tenancy until terminated as of
the last day of any calendar month by written notice by either
party to the other party, given at least thirty (30) days in
advance.
(d) Rent:
The office rent ("Rent") to be paid by Tenant hereunder shall
be as follows:
(i) 570 square feet, computed on the basis of $41.00 per
square foot, per year, for an annual rent of $23,370;
(less a 10% discount), for an annual rent of
$21,033.00.
(ii) $21,033.00 divided by 12 months, for a monthly Rent
of $1,752.75.
(e) Security Deposit:
Tenant shall, upon execution of this Lease, deposit with
Landlord a Security Deposit in the amount of N/A.
(f) Tenant Parking:
Based upon availability, reserved on-lot parking at $110.00
per space, per month; and, unreserved parking at $75.00 per
space, per month.
2. LEASE OF PREMISES
Landlord hereby leases the Premises to Tenant for the Term in
consideration of Tenant's assumption of Tenant's obligations under this
Lease, including without limitation Tenant's obligation to pay Rent.
3. RENT
Tenant shall pay Landlord the Monthly Rent specified in Paragraph 1(d)
hereinabove in lawful money of the United States. The Monthly Rent
shall be paid in advance on the first day of each calendar month during
the Term, at the office of Landlord or at such other place as Landlord
may from time to time designate in writing, except that the first
installment of Monthly Rent shall be paid upon the execution hereof.
The Rent shall be paid without deduction or set-off. Rent payable for
any portion, less than all, of a calendar month shall be a pro rata
portion of the Monthly Rent.
4. SECURITY DEPOSIT
Tenant has deposited with Landlord the sum specified in Paragraph 1(e)
as security for the full and faithful performance of every provision of
this Lease to be performed by Tenant. If Tenant defaults with respect
to any provision of this Lease, including but not limited to, the
provisions relating to the payment of Rent, Landlord may use, apply or
retain all or any part of this Security Deposit for the payment of any
rent, interest or other sum in default, or to compensate Landlord for
any other loss or damage which Landlord may suffer by reason of
Tenant's default. If any portion of the Security Deposit is so used or
applied, Tenant shall, within five (5) days after written demand,
deposit cash with Landlord in an amount sufficient to restore the
Security Deposit to its original amount and Tenant's failure to do so
shall be deemed a material breach of this Lease. Landlord shall not be
required to keep this Security Deposit separate from its general funds,
and Tenant shall not be entitled to interest. If Tenant shall fully and
faithfully perform every provision of this Lease to be performed by
him, the Security Deposit, or any balance thereof, shall be returned to
Tenant (or, at Landlord's option, to the last assignee of Tenant's
interest hereunder) at the expiration of the Term and after Tenant has
vacated the Premises.
5. PARKING
Subject to the provisions of Exhibit A, Tenant shall pay for parking at
the monthly rate set forth in Paragraph 1 hereinabove, as such rate may
be changed from time to time, subject to cancellation by Tenant in
whole or in part at any time upon not less than thirty (30) days
written notice. Landlord reserves the right to relocate Tenant's
parking, upon prior written notice to Tenant. In addition, reasonable
amounts of visitor parking will be available on a first-come,
first-served basis at prevailing visitor parking rates and validation
rates. In the event that Tenant loses a Lot Access card, the
replacement cost is Thirty-Five Dollars ($35.00) per card.
6. USE
Tenant shall use and occupy the Premises for general office purposes
and shall not use or occupy the Premises for any other purpose without
the prior written consent of Landlord.
7. CONDITION OF PREMISES
Tenant acknowledges that neither Landlord nor any of Landlord's agents
have made any representation or warranty with respect to the Building
or the Premises or with respect to the suitability of either for the
conduct of Tenant's business or profession. Landlord has no obligation
to alter, remodel, repair, improve, decorate or paint the Premises or
any part thereof. The taking of possession of the Premises by Tenant
shall conclusively establish that the Premises and said Building were
at such time in good and satisfactory condition.
8. ALTERATIONS
Tenant shall make no alterations, additions, or improvements to the
Premises without the prior written consent of Landlord. In that regard,
should Landlord approve any request for an addition, alteration or
modification to the Premises, Tenant shall be obligated to remove the
same upon the expiration of this Lease and restore the Premises to its
condition existing on the date hereof.
9. CARE OF PREMISES
Tenant shall take good care of the Premises and fixtures therein and
shall make all repairs thereto or to the Building which are made
necessary as a result of any misuse or neglect by Tenant or by Tenant's
agents or employees or by Tenant's visitors while in the Premises. All
such repairs shall be at least equal in quality to the original work.
Landlord may make any such repairs which are not promptly made by
Tenant and may charge the cost thereof to Tenant.
10. BUILDING SERVICES
Landlord shall furnish to the Premises, during usual business hours (8
a.m. to 6 p.m. on business days excluding Saturday, Sundays and
holidays), reasonable amounts of air conditioning and heat, and shall
furnish at all times a reasonable amount of electric current for normal
lighting and fractional horsepower office machines, water for lavatory
and drinking purposes, and janitorial and maintenance services.
Tenant agrees not to engage in any activity or to use any apparatus or
device in, upon, or about the Premises which may in any way increase
the amount of any of the foregoing usually furnished to the Premises.
11. TELEPHONES/FAX/MODEMS
Tenant shall pay Landlord promptly upon receipt of invoice(s) for
Tenant's telephone/fax/modem service charges and/or installation
charges (at Studio's standard rates for telephone calls made and basic
telephone/fax/modem instrument service and/or installation charges)
incurred as a result of Tenant's occupancy at the Premises.
12. ACCESS
Landlord and its agents shall have the right to enter the Premises, by
master key if necessary, at all reasonable times for the purpose of
examining or inspecting the same, showing the same to prospective
purchasers or tenants of the Building, and making such alterations,
repairs, improvements or additions to the Premises or to the Building
as Landlord may deem necessary or desirable.
13. DAMAGE TO PROPERTY; INJURY TO PERSONS
Tenant agrees to indemnify, defend, and hold Landlord together with its
parent and affiliated companies, free and harmless against and from any
and all claims, damages, liabilities, losses, costs and expenses
arising from Tenant's use of the Premises or the conduct of Tenant's
business or profession or from anything done, in or about the Premises,
and shall further indemnify, defend and hold harmless Landlord against
and from any and all claims arising from any breach or default in the
performance of any obligation on Tenant's part to be performed under
the terms of this Lease, or arising from any act or negligence of the
Tenant, or of Tenant's agents, contractors, servants, licensees,
invitees or employees, and from and against all costs, attorneys' fees,
expenses and liabilities incurred in or concerning any such claim or
any action or proceeding brought thereon. If any action or proceeding
is brought against Landlord by reason of any such claim, Tenant upon
notice from Landlord shall defend the same at Tenant's expense by
counsel reasonably satisfactory to Landlord. Tenant, as a material part
of the consideration to Landlord, hereby assumes all risk of damage to
property or injury to persons, in, upon or about the Premises from any
cause other than Landlord's sole negligence and Tenant hereby waives
all claims in respect thereof against Landlord. Tenant hereby waives
all rights of subrogation on behalf of any insurance company insuring
its interests in any real or personal property, so long as said waiver
does not violate any terms or conditions of any such insurance policy.
In addition, Tenant hereby agrees to be solely and fully responsible to
Universal Studios, Inc. and its Affiliates (collectively, for the
purposes of this paragraph, "Universal") for any loss of or damage to
Universal's property, whether personal or real, while such property is
in the use, custody, care and/or control of any of Tenant's employees,
officers, subcontractors, licensees or invitees, and shall pay to
Universal the full repair or replacement value of any such personal or
real property which is damaged, destroyed or otherwise suffers a loss
if such damage or loss is, directly or indirectly, caused by the
negligent (whether active or passive), wanton or intentional
misconduct of Tenant, its employees, officers, subcontractors,
licensees or invitees.
14. ASSIGNMENTS AND SUBLETTING
This Lease shall not, be sold, assigned, or hypothecated by Tenant or
by operation of law, and Tenant may not transfer this Lease, or sublet
the Premises or any part thereof or permit same to be occupied by
anyone other than Tenant or Tenant's employees without the prior
written consent of Landlord, which such consent shall be given or
withheld in Landlord's sole discretion; any attempt by Tenant to do so
without such prior written consent shall be void and at Landlord's
option shall terminate this Lease.
15. DEFAULTS
The occurrence of either the following shall constitute a material
breach of this Lease:
(a) The vacation or abandonment of the Premises by Tenant;
(b) A failure by Tenant to pay the Rent, or to make any other
payment required to be made by Tenant hereunder, or to comply
with any other provision of this Lease where such failure
continues for ten (10) days or more;
Landlord shall not be deemed to be in default in the
performance of any non-monetary obligation required to be
performed by Landlord hereunder unless: (i) Landlord fails to
commence performance of such non-monetary obligation within
thirty (30) days after written notice from Tenant specifying
Landlord's non-performance; and/or (ii) Landlord fails
thereafter to diligently prosecute the same to completion.
16. REMEDIES
In the event of any material default or breach by Tenant, Landlord at
any time thereafter, at Landlord's option and without limiting
Landlord's exercise of any other right or remedy which Landlord may
have under law or equity by reason of such default or breach, with or
without notice or demand, may re-enter the Premises with or without
process of law and take possession of the same and of all equipment and
fixtures of Tenant therein, and expel or remove Tenant and all other
parties occupying the Premises, using such force as may be reasonably
necessary to do so, without being liable to any prosecution for such
re-entry or for the use of such force. In addition Landlord may:
(a) without terminating this Lease, at any time and from time to
time relet the Premises or any part thereof for the account of
Tenant, for such term, upon such conditions and at such rental
as Landlord may deem proper;
(b) give written notice to Tenant of Landlord's election to
terminate this Lease. Landlord shall thereupon be entitled to
recover from Tenant (1) the unpaid Rent up to and including
the date of termination, plus interest, {2) the excess, if
any, of the Rent and other charges required to be paid by
Tenant hereunder for the balance of the Term (if this Lease
had not been so terminated) over the then reasonable rental
value of the Premises for the same period, plus interest and
(3) any other amount necessary to compensate Landlord for
damages caused by or resulting from Tenant's breach, plus
interest.
17. RULES AND REGULATIONS
Tenant and all persons entering and/or using the Premises at Tenant's
request or with Tenant's permission shall observe faithfully and comply
strictly with such rules and regulations as Landlord may from time to
time reasonably adopt for the safety, care and cleanliness of the
Building or the preservation of good order therein, as more fully set
forth in Exhibit "C" attached hereto. Landlord shall not be liable to
Tenant for violation of any such rule or regulation by any other tenant
in the Building.
18. JURISDICTION
This Lease shall be governed by and construed pursuant to the laws of
the State of California for contracts wholly executed and fully
performed within the State of California.
19. END OF TERM
At the expiration of the Term, Tenant shall surrender the Premises to
Landlord in as good condition and repair as reasonable and proper use
will permit clean and free of debris. Tenant may remove, and at
Landlord's request shall remove, all of Tenant's trade fixtures,
personal property and signs, provided such removal will not
structurally injure the Premises, and Tenant agrees to restore the
Premises to its original condition, reasonable wear and tear excepted.
Also at the expiration of the Term, Tenant shall return to Landlord all
keys to the Premises and to the Building. Tenant understands and agrees
that if Tenant fails to return all keys to Landlord, Landlord may elect
to re-key the Building and/or Premises and charge Tenant for the full
cost thereof, in addition, the replacement cost for lost keys is $20.00
per key.
20. OUIET POSSESSION
Upon Tenant's paying the rent and other charges and observing and
performing of all the covenants, conditions and provisions on Tenant's
part, Tenant shall have quiet possession of the Premises for the entire
Term, subject to the provisions of this Lease. This Lease, however,
shall at all times be subject and subordinate to any and all now
effective or hereafter executed deeds of trust or ground leases which
may now or hereafter affect Landlord's estate in the real property of
which the Premises are a part.
21. NOTICES
Any notice required or permitted to be given hereunder may be given by
personal delivery or sent by Certified or Registered Mail addressed to
Tenant at the Premises or to Landlord c/o Office Space Management,
Building 480/3,100 Xxxxxxxxx Xxxx Xxxxx, Xxxxxxxxx Xxxx, Xxxxxxxxxx
00000, as the case may be (with a copy of the notice to Landlord sent
to the attention of Studio Business Affairs, Building 507A/4, at the
same address). Either party may by written notice to the other party
specify a different address for notice purposes, except that Landlord
may in any event always use the Premises as Tenant's address for notice
purpose.
22. INSURANCE
Tenant agrees to secure, maintain, and pay the premium for the
following insurance coverage during the entire Term of this Lease,
together with any special endorsements as specified:
(a) Statutory Workers' Compensation or State approved Self
Insurance and Employer's Liability with a limit of liability
not less than $1,000,000 each accident, $1,000,000 policy
limit, $1,000,000 each employee, for all persons employed by
Tenant who may come onto or occupy the demised premises.
Tenant shall have its carrier waive any right of subrogation
thereunder against Universal Studios, Inc. and its Affiliates.
(b) Commercial/Comprehensive General Liability, and Commercial
Auto Liability for all Owned, Non Owned, or Hired vehicles
which are brought onto or used adjacent to the Premises. The
General Liability must be written on a CGOO01 11/85 ISO form
or broader, with no additional exclusions, and shall include
Personal & Advertising Injury, Blanket Contractual Liability,
Broad Form Property Damage, Fire Legal Liability, Severability
of Interest, Primary and Not Contributory Endorsement, and XCU
(Explosion, Collapse, and Underground), with a limit of
liability not less than $3,000,000 per occurrence. The limit
of liability for the Commercial Auto Liability shall not be
less than $1,000,000 Combined Single Limit.
(c) Tenant shall cause its liability carrier(s) in subparagraph
(b) hereinabove to name Universal Studios, Inc. and its
Affiliates as Additional Insureds, but only as respects the
occupancy of Tenant in the Premises.
(d) Evidence of Property Insurance with Special Form Causes of
Loss on Replacement Cost basis, attached to a Lender's Loss
Payable Endorsement, with adequate limits of loss to cover
Universal Studios, Inc. and its Affiliates' Real and Personal
Property. In addition, Evidence of Personal Property Insurance
as respects Tenant's personal property including but not
limited to Furniture, Fixture, Equipment, Improvements, and
Office Contents, whether owned, leased, or rented, while on
Landlord's premises. This latter coverage shall include a
Waiver of Subrogation against Universal Studios, Inc. and its
Affiliates.
All insurance policies shall be written by A+ Best rated insurance
companies which are reasonably satisfactory to Landlord. Tenant shall
provide prior to occupancy, and annually thereafter, satisfactory
original certificates of insurance on standard Accord forms or other
forms acceptable to Landlord, as well as endorsements, and/or copies of
insurance policies, evidencing Tenant's compliance with the minimum
requirements as specified hereinabove.
The certificate(s) of insurance supplied by Tenant to Landlord shall
specify thirty (30) days written notice of cancellation for
non-renewal, failure to renew, non-payment of insurance premium(s), or
material reduction. In the event Tenant fails to obtain any insurance
as required in this Lease, Landlord may obtain such insurance on behalf
of Tenant and the cost thereof shall be paid by Tenant as additional
rent with the first payment of rent which is due subsequent to
Landlord's incurring any such costs.
In the event that Tenant should desire to perform any production
activities on Landlord's property, Tenant is required to comply with
the additional, production-related insurance requirements established
by Landlord. It is Tenant's obligation to inquire of Landlord what
these requirements are, and to provide a satisfactory certificate of
insurance therefor, prior to the commencement of any such production
activities.
23. PAST DUE OBLIGATIONS
Any amount due from Tenant to Landlord hereunder which is not paid when
due shall be subject to a late charge in the amount of 6% of the amount
unpaid and shall in addition bear interest at the maximum rate then
permitted by law calculated from the due date until paid. Payment of
such late charge or interest or both shall not excuse or cure any
default by Tenant. The parties hereby agree that such late charge
represents a fair and reasonable estimate of the costs Landlord will
incur by reason of late payment by Tenant.
24. HOLDING OVER
If Tenant holds over and beyond the Term of this Lease with or without
the consent of Landlord, such holding shall be construed as a tenancy
at will, subject to the terms and conditions of this Lease except that
Tenant will pay rent during the entire holdover period at a rate which
is equal to two times the Monthly Rent in effect during the last month
of the Term and shall also be liable for any damages or other costs
incurred by Landlord as a result of such holding over.
25. INABILITY TO PERFORM
This Lease and the obligations of Tenant hereunder shall not be
affected or impaired because Landlord is unable to fulfill any of its
obligations hereunder or is delayed in doing so because of strike,
other labor troubles or any other cause beyond the reasonable control
of Landlord.
26. NAME
Tenant shall not use the name of the Building for any purpose other
than as the address of the business or profession to be conducted by
Tenant in the Premises.
27. SEVERABILITY
Any provision of this Lease which shall prove to be invalid, void or
illegal shall in no way affect, impair or invalidate any other
provision hereof and such other provisions shall remain in full force
and effect.
28. ATTORNEY'S FEES
If Landlord or Tenant should bring suit for any relief against the
other arising out of this Lease, then all costs and expenses, including
reasonable attorney's fees, incurred by the prevailing party therein
shall be paid by the other party, which obligation on the part of such
other party shall be deemed to have accrued on the date of the
commencement of such action, and shall be enforceable whether or not
the action is prosecuted to judgment.
29. ADDITIONAL GOODS/SERVICES
Tenant agrees to pay for any goods and/or services it may request from
Landlord, beyond those which are specifically provided to Tenant under
the provisions of this Lease, at Landlord's standard and customary
charges therefor.
30. TIME OF ESSENCE
Time is of the essence with respect to the performance of every
provision of the Lease in which time of performance is a factor.
31. HEADINGS
The captions contained in this Lease are for convenience only and shall
not be considered in the construction or interpretation of any
provision.
32. INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS
This Lease contains all of the agreements of the parties hereto with
respect to the subject of this Lease, and no prior agreement or
understanding pertaining to any such matter shall be effective for any
purpose. No provision of this Lease may be amended or added to except
by an agreement in writing signed by the parties hereto or their
respective successors in interest.
IN WITNESS WHEREOF the parties have executed this Lease the day and year first
above written.
"Landlord"
UNIVERSAL CITY STUDIOS, INC.
By: /s/ Xxxxx Xxxxx
--------------------
Vice President
"Tenant"
BELLACASA PRODUCTIONS
By: /s/ Xxxxx XxXxxxxx
-----------------------
Title: President, CEO
EXHIBIT "A"
PARKING AGREEMENT
TENANT or persons designated by TENANT shall be entitled to parking as provided
in Paragraph l(f) of the Lease, as such rate and/or parking locations may change
from time to time, upon advance notice from LANDLORD. TENANT may validate
visitor parking by such method of methods as the undersigned may approve, at the
validation rate generally applicable to visitor parking.
A condition of any parking shall be compliance by the xxxxxx with parking rules
and regulations, including any sticker or other identification system
established by LANDLORD as its Parking Operator. LANDLORD reserves the right to
modify and/or adopt such other reasonable and nondiscriminatory rules and
regulations as it deems necessary for the operation. LANDLORD may refuse to
permit any person who violates the within rules to park in the parking facility,
and any violation of the rules shall subject the car to removal. In either of
said events, LANDLORD shall refund a pro rata portion of the current parking
rate and the sticker, or any other form of identification supplied by LANDLORD,
will be returned to LANDLORD. LANDLORD shall have no obligation to provide any
parking spaces for campers, trailers, motor homes or other non-standard sized
vehicles.
RULES AND REGULATIONS
1. Hours shall be 7:00 A.M. to 7:00 P.M., on Monday through Friday,
excluding holidays.
2. Cars must be parked entirely within the painted stall lines.
3. All directional signs and arrows must be observed.
4. The speed limit shall be 15 miles per hour.
5. Parking is prohibited:
(a) in areas not striped for parking;
(b) in aisles;
(c) where "no parking" signs are posted;
(d) on ramps;
(e) in crosshatched area;
(f) in such other areas as may be designated by LANDLORD or
Landlord's Parking Operator.
6. Parking stickers or any other device or form of identification supplied
by LANDLORD shall remain the property of LANDLORD. Such parking
identification device must be displayed as requested and may not be
mutilated in any manner. The serial number of the parking
identification device may not be obliterated. Devices are not
transferable and any device in the possession of any unauthorized
holder will be void. There will be a replacement charge to the TENANT
or person designated by TENANT of $35.00 for loss of any magnetic
parking card. Any automobile parked without such identification device
or stickers may be towed away at the expense of the OWNER as provided
by the applicable City or County Ordinance.
7. Monthly rate for rental of parking space is payable one (1) month in
advance and must be paid prior to the first day of each month. Failure
to do so will automatically cancel parking privileges and a charge at
the prevailing daily rate will be due. No deductions or allowances from
the monthly rate will be made for days customer does not use parking
facilities.
8. Parking managers or attendants are not authorized to make or allow any
exceptions to these Rules and Regulations.
9. Every xxxxxx is required to park and lock his own car. All
responsibility for damage to cars is assumed by the xxxxxx.
10. Loss or theft of parking identification devices from automobiles must
be reported to the garage manager immediately, and a lost or stolen
report must be filed by the customer at that time.
(a) Any parking identification devices reported lost or stolen
found on any unauthorized car will be confiscated and the
illegal holder will be subject to prosecution.
(b) Lost or stolen devices found by the purchaser must be reported
to the office of LANDLORD or its Parking Operator immediately
to avoid confusion.
11. Spaces rented to persons are for the express purpose of parking one (1)
automobile per space. Washing, waxing, cleaning or servicing of any
vehicles by the customer and/or his agents is prohibited.
12. The LANDLORD or its Parking Operator reserves the right to refuse the
sale of monthly stickers or other parking identification devices to any
TENANT or person and/or his agents or representatives who willfully
refuse to comply with the above Rules and Regulations and all unposted
City, State or Federal ordinances, laws or agreements.
13. LANDLORD shall not be liable and TENANT hereby waives any and all
claims for theft, fire damage, or loss of use to any automobile or
motor vehicles or for articles left therein while parked in any of
LANDLORD's parking facilities.
14. LANDLORD shall not be liable to TENANT for damages or otherwise, not
shall LANDLORD be in default hereunder, because of TENANT's inability
to park in the parking facility and/or any assigned space therein due
to force majeure or any other cause beyond LANDLORD's control, and
there shall be no abatement of the parking charge unless such condition
continues for at least five (5) consecutive business days.
15. TENANT agrees to acquaint all persons to whom TENANT assigns parking
spaces with these Rules and Regulations.
EXHIBIT "A"
Page 2 of 2
EXHIBIT "B"
STANDARDS FOR UTILITIES AND SERVICES
The following are the Standards for Utilities and Services. LANDLORD reserves
the right to adopt such reasonable non-discriminatory modifications and
additions hereto as it deems appropriate.
As long as TENANT is not in default under any of the terms, covenants,
conditions, provisions or agreements of this Lease, LANDLORD shall, subject to
limitations and provisions hereinafter set forth in this Exhibit B:
(a) ELEVATORS:
Provide manual or automatic elevator facilities during usual
business hours from 8:00 A.M. to 6:00 P.M. and have at least
one (1) elevator available at all other times.
(b) HVAC
Provide to the Premises, during usual business hours (8 a.m.
to 6 p.m. on business days excluding Saturdays, Sundays and
holidays), heating, ventilation, and air conditioning (HVAC),
when in the judgment of LANDLORD it may be required for the
comfortable occupancy of Premises for general office purposes.
The HVAC system achieves maximum cooling when the sliding
glass doors and drapes are closed. LANDLORD shall not be
responsible for room temperatures if TENANT does not keep all
sliding glass doors and drapes in the Premises closed, if
TENANT's lighting and receptacle load exceed those listed in
Paragraph (c) hereof, or if the Premises or portions thereof
are used for other than the particular use for which they were
originally designed.
Landlord shall, upon reasonable advance notice from Tenant,
furnish Tenant HVAC services at any time or times other than
the regular hours specified above. Such overtime service shall
be furnished to Tenant at a reasonable hourly rate card cost
to be established by Landlord.
(c) ELECTRICITY:
Furnish to the Premises, during the times specified in
Paragraph (a) hereof, electric current as required by the
Building standard office lighting and receptacles
(approximately three (3) xxxxx per square foot).
(d) WATER:
Furnish water for drinking fountains and restrooms provided by
LANDLORD.
(e) JANITORIAL:
Provide janitorial services to the Premises, provided the same
are used exclusively as offices, and are kept reasonable in
order by TENANT. If Premises are not used exclusively as
offices, they shall be kept clean and in order by TENANT, at
TENANT's expense, and to the satisfaction of LANDLORD. TENANT
shall pay to LANDLORD the cost of removal of any TENANT's
refuse and rubbish, to the extent that the same exceeds the
refuse and rubbish usually attendant upon the use of Premises
for general office purposes.
No data processing equipment, other special electrical
equipment, air conditioning or heating units, or plumbing
additions (Additional Equipment) shall be installed, nor shall
any changes to the Building HVAC, electrical or plumbing
systems be made without prior written approval of LANDLORD and
LANDLORD reserves the right to designate and/or approve the
contractor to be used. In the event TENANT desires to add
Additional Equipment in the Premises, such Additional
Equipment shall be at TENANT's sole cost and expense,
including installation, connection to Building systems,
operational costs and maintenance. During the term of this
Lease, provided that TENANT is not then in default hereunder,
LANDLORD agrees to provide TENANT, and TENANT agrees to pay
the cost of, the necessary utilities from the Building systems
for the operation of such Additional Equipment.
TENANT shall be responsible for any and all damages of any
kind or nature to the Premises, Building, Common Areas, or
other TENANTs' Premises (including without limitation, real
and personal property) and for injuries of any kind or nature
to any person arising out of, or as a result of, such
Additional Equipment, its operation, maintenance, or
installation.
EXHIBIT "C"
RULES AND REGULATIONS WHICH CONSTITUTE A PART OF THE LEASE
1. The sidewalks, entrances, passages, courts, elevators, vestibules,
stairways, corridors or halls shall not be obstructed or used for any
purpose other than ingress and egress. All doors opening onto public
corridors, plazas and patios shall be kept closed, except when in use
for egress or ingress.
2. No awnings or other projections shall be attached to the outside walls
of the Building. No curtains, blinds, shades or screens shall be
attached to or hung in, or used in connection with, any window or door
of the Premises other than LANDLORD standard drapes. All electric
ceiling fixtures hung in offices or spaces along the perimeter of the
Building must be fluorescent, of a quality, type, design and bulb color
approved by LANDLORD. Neither the interior nor exterior of any windows
shall be coated or otherwise sunscreened without written consent of
LANDLORD.
3. No sign, advertisement, notice or handbill shall be exhibited,
distributed, painted or affixed by any TENANT on any part of the
Premises of the Building without the prior written consent of the
LANDLORD. In the event of the violation of the foregoing by any TENANT,
LANDLORD may remove same without any liability, and may charge the
expense incurred in such removal to the TENANT violating this rule.
Interior signs on doors and directory tablet shall be inscribed,
painted or affixed for each TENANT by the LANDLORD at the expense of
such TENANT, and shall be a size, color and style acceptable to the
LANDLORD. The directory tablet will be provided exclusively for the
display of the name and location of TENANTS only. Nothing may be placed
on the exterior of corridor walls or corridor doors other than
LANDLORD's standard lettering.
4. The sashes, sash doors, skylights, windows, and doors that reflect or
admit light and air into halls, passageways or other public places in
the Building shall not be covered or obstructed by any TENANT.
5. The toilets and wash basins and other plumbing fixtures shall not be
used for any purpose other than those for which they were constructed,
and no sweepings, rubbish, rags, or other substances shall be thrown
therein. All damages resulting from any misuse of the fixtures shall be
borne by the TENANT who, or whose servants, employees, agents, visitors
or licensees, shall have caused the same.
6. No TENANT shall xxxx, paint, drill into, or in any way deface any part
of the Premises or the Building. No boring, cutting or stringing of
wires or laying of linoleum or other similar floor coverings shall be
permitted, except with the prior written consent of the LANDLORD and as
the LANDLORD may direct.
7. No bicycles, vehicles, birds or animals of any kind shall be brought
into or kept in or about the Premises. No cooking shall be done or
permitted by any TENANT on the Premises, except that the preparation of
coffee, tea, hot chocolate and similar items for TENANTS and their
employees shall be permitted provided power shall not exceed that
amount which can be provided by a 30 amp circuit. No TENANT shall cause
or permit any unusual or objectionable odors to be produced or permeate
the Premises.
8. The Premises shall not be used for manufacturing or for the storage of
merchandise, except as such storage may be incidental to the use of the
Premises for general office purposes. No TENANT shall occupy or permit
any portion of his Premises to be occupied as an office for a public
stenographer or typist or for the manufacture of sale of liquor,
narcotics, or tobacco in any form, or as a medical office, or as a
xxxxxx or manicure shop, or as an employment bureau without the express
written consent of LANDLORD. No TENANT shall engage or pay any
employees on the Premises, except those actually working for such
TENANT on the Premises, nor advertise for laborers giving any address
at the Premises. The Premises shall not be used for lodging or
sleeping, or for any immoral or illegal purposes.
9. No TENANT shall make, or permit to be made, any unseemly or disturbing
noises, or odors, or disturb or interfere with occupants of this or
neighboring buildings or premises or those having business with them,
whether by the use of any musical instrument, radio, phonograph,
unusual noise, or in any other way.
10. No TENANT nor any of TENANT's servants, employees, agents, visitors or
licensees, shall at any time bring or keep upon the Premises any
inflammable, combustible or explosive fluid, chemical or substance.
11. All persons operating vehicles or working within the confines of the
Studio property shall comply with the reasonable directions of the
Studio's security personnel which are designed to insure the safety and
security of all persons and businesses, as well as the smooth operation
of the Studio.
EXHIBIT "D"
SQUARE FOOTAGE DEFINITIONS AND CALCULATIONS
The square footage of the Premises has been calculated on the basis of
Rentable Area. The following definitions shall apply in said calculation:
1. USEABLE AREA shall mean the following area or areas of space within the
Premises, calculated as follows:
(a) Useable Area for a Single-tenant Floor shall mean the area
exclusively used and occupied by Tenant calculated by
measuring from the center line of the outer glass wall of the
Building to the center line of the opposite glass wall and
shall include all areas within such outside walls; excepting,
however, toilet rooms, electrical and mechanical closets, and
fan, air-conditioning and maintenance rooms, public stairs,
elevator shafts, elevator machine rooms, flues, vents, stacks,
pipe shafts and vertical ducts and their enclosing walls
(measured to the centerline of such walls).
(b) Useable Area for a Multi-tenant Floor shall mean the area
exclusively used and occupied by Tenant calculated by
measuring from the center line of the outer glass wall of the
Building to the center line of partitions which separate
adjoining Common Areas or adjoining premises (as the case may
be), with no deductions therefrom for columns or projections
necessary to the Building.
2. RENTABLE AREAS shall mean the following area or areas of space within
the Premises or the Building, calculated as follows:
(a) Rentable Area for a Single-tenant Floor shall be determined by
measuring from the center line of the outer glass wall of the
Building to the center line of the opposite outer glass wall
and shall include all areas within such outside walls,
including, without limitation, all toilet rooms, elevator
lobbies, corridors, janitor closets, electrical and mechanical
closets, and fan, air conditioning and maintenance rooms, and
shall exclude only the areas within the Building occupied by
public stairs, fire towers, elevator shafts, elevator machine
rooms, flues, vents, stacks, pipe shafts, and vertical ducts
and their enclosing walls, measured to the center line of such
walls, but including in rentable square feet any such service
areas which are for the exclusive use or specific benefit of
the tenant, such as special stairs, shafts or elevators. No
deductions shall be made for columns or projections necessary
to the Building.
(b) Rentable Area for a Multi-tenant Floor shall be determined by
measuring from the center line of the outer glass wall of the
Building to the center line of the wall separating areas
leased by or held for lease to other tenants or Common Areas
located on the same floor plus Tenant's Proportionate Share
(as defined hereinbelow), of the Common Areas on such floor,
other than public stairs, fire towers, elevator shafts,
elevator machine rooms, flues, vents, stacks, pipe shafts and
vertical ducts and their enclosing walls measured to the
center line of such walls. No deductions shall be made for
columns or projections necessary to the Building.
3. COMMON AREAS means, on individual floors of the Building, the areas
devoted to corridors, foyers, lobbies, electrical and telephone
closets, restrooms, mechanical rooms, janitor closets and other similar
facilities when used in common with other tenants.
4. TENANT'S PROPORTIONATE SHARE means, for a tenant on any given
multi-tenant floor, an equitable percentage allocation of the Common
Areas on such floor, derived by comparing the Useable Area of Tenant's
Premises with the remaining Useable Area on said floor which is either
leased or available for lease to other tenants.
