Youngfield Plaza LLC 0000 Xxxxxxxxxx Xxxxxx
Xxxxx Xxxxx, Xxxxxxxx 00000
Phone (000) 000-0000
Fax (000) 000-0000
INDUSTRIAL MULTI-TENANT LEASE
(Triple Net Lease)
This Lease is made as of the 4th day of December 2001, by and
between Youngfield Plaza LLC ("Landlord") and Genethera ("Tenant").
WITNESSETH
1. Basic Provisions: In addition to other terms which are defined
elsewhere in this Lease or any Exhibits, the terms defined in the following
subsections of this Section 1 shall have the meaning set forth in such
subsection whenever used in this Lease.
1.1 Building: an approximately 131,268 sq. ft of office/warehouse
complex commonly known as Youngfield Plaza.
1.2 Premises: Approximately 5,706 square feet of space located in the
Building, including all improvements therein or to be provided by
Landlord under the terms of this Lease, commonly known by the street
address 3924 and 0000 Xxxxxxxxxx Xxxxxx as outlined in Exhibit A
attached hereto. In addition to Tenant's rights to use and occupy
the Premises as hereinafter specified, Tenant shall have
non-exclusive rights to the Common Areas (as defined in Section 2.4
below) as hereinafter specified, but shall not have any rights to
the roof, exterior walls or utility raceways of the Building or any
other buildings in the Building Complex.
1.3 Building Complex: The Premises, the Building, the Common Areas (as
defined below), the land upon which they are located, along with all
other buildings and improvements thereon.
1.4 Parking: ____ unreserved vehicle parking spaces.
1.5 Term: (3) three years and (0) zero months ("Primary Lease Term")
commencing January 01, 2002 ("Commencement Date") and ending
December 31, 2005 ("Expiration Date")
1.6 Estimated Delivery Date: January 1, 2002 [This is a nonbonding
estimate of the date on which Landlord currently estimates it will
be able to deliver the Premises to Tenant for the purposes of Tenant
commencing its tenant finish work.]
1.7 Base Rent: Base rent of $4,279.50 per month plus $998.55 per month
for the common area maintenance charges for a total of $5,278.05
payable on the 1st day of each month commencing January 1, 2002.
Upon execution of this Lease Tenant shall pay $4,279.50 as Base Rent
plus first months CAM charge of $998.55 for January 2002.
1.8 Tenant's Share of Common Area Operating Expenses: 4.346%
1.9 Security Deposit: $5,278.00
1.10 Permitted Use: Office / Warehouse / Laboratory.
1.11 Guarantor: The obligations of the Tenant under this Lease are to be
guaranteed by N/A.
2. Premises, Parking and Common Areas
2.1 Grant. Landlord hereby leases to Tenant, and Tenant hereby leases
from Landlord, the Premises for the term, at the rent and upon all
of the terms, covenants and conditions set forth in this Lease.
Unless otherwise provided herein, any statement of square footage
set forth in this Lease, or that my have been used in calculating
rental and/or Common Area Operating Expenses, is an approximation
which Landlord and Tenant agree is reasonable and the rent and
Tenant's Share based thereon is not subject to revision whether or
not the actual square footage is more or less.
2.2 Landlord Delivery: Landlord shall deliver the premises to Tenant
clean and free of debris on the Commencement Date and warrant to
Tenant that the existing plumbing, electrical systems, fire
sprinkler system, lighting, air conditioning and heating systems and
loading doors, if any, in the Premises, other than those constructed
by Tenant, shall be in good operating condition on the Commencement
Date. If Tenant does not give Landlord written notice of a
non-compliance with this warranty within thirty (30) days after the
Commencement Date, correction of that non-compliance shall be the
obligation of Tenant at Tenant's sole cost and expense.
2.3 Acceptance of Premises: Tenant hereby acknowledges: (a) that is has
been advised to satisfy itself with respect to the condition of the
Premises including, but not limited to, the electrical and fire
sprinkler systems, security, environmental aspects, and compliance
with the Americans with Disabilities Act and applicable zoning,
municipal, county, state and federal laws, ordinances and
regulations and any covenants or restriction of record (collectively
"Applicable Laws") and the present and future suitability of the
Premises for Tenant's intended use; (b) that Tenant has made such
investigation as it deems necessary with reference to such matters,
is satisfied with reference thereto, and assumes all responsibility
therefore as the same relate to Tenant's occupancy of the Premises
and/or the terms of this Lease and (c) that neither Landlord, nor
any of Landlord's agents, has made any oral or written
representations or warranties with respect to said matters other
than as set forth in this Lease. Except as set forth expressly in
this Lease, Tenant accepts the premises in its "AS IS" condition.
2.4 Common Areas
The term "Common Areas" is defined as all areas and facilities
outside the Premises and within the exterior boundary line of the
Building Complex and interior utility raceways within the Premises
that are provided and designated by the Landlord from time to time
for the general non-exclusive use of Landlord, Tenant and other
tenants of the Building Complex and their respective employees,
suppliers, shippers, customers, contractors and invitees, including
parking areas, loading and unloading areas, trash areas, roadways,
sidewalks, walkways, parkways, driveways and landscaped areas.
Landlord hereby grants to Tenant, for the benefit of Tenant and its
employees, suppliers, shippers, contractors, customers and invitees,
during the term of this Lease the non-exclusive right to use, in
common with others entitled to such use, the Common Areas as they
exist from time to time, subject to any rights, powers, and
privileges reserved by reserved by Landlord under the terms hereof
or under the terms of any rules and regulations or restrictions
governing the use of the Building Complex. Under no circumstances
shall the right therein be granted to use the Common Areas be deemed
to include the right to store any property, temporary or
permanently, in the Common Areas. Any such storage shall be
permitted only by the prior written consent of Landlord or
Landlord's designated agent, which consent may be revoked at any
time. In the event that any unauthorized storage shall occur, then
Landlord shall have the right, without notice, in addition to such
other rights and remedies that it may have, to remove the property
and charge the cost to Tenant, which cost shall be immediately
payable upon demand by Landlord. Landlord or such other person(s) as
Landlord may appoint shall have the exclusive control and management
of the Common Areas and shall have the right, from time to time, to
establish, modify, amend and enforce reasonable rules and
regulations with respect thereto. Landlord shall have the right, in
Landlord's sole discretion, from time to time: (i) to make changes
to the Common Areas, including, without limitation, changes in the
location, size, shape and number of driveways, entrances, parking
spaces, parking areas, loading and unloading areas, ingress, egress,
direction of traffic, landscaped areas, walkways and utility
raceways; (ii) to close temporarily any of the Common Areas for
maintenance purposes so long as reasonable access to the Premises
remains available; (iii) to designate other land outside the
boundaries of the Building Complex to be a part of the Common Areas;
(iv) to add additional building and improvements to the Common
Areas; (v) to xxx the Common Areas while engaged in making
additional improvements, repairs or alterations to the Building
Complex, or any portion thereof, and (vi) to do and perform such
other acts and make such other changes in, to or with respect to the
Common Areas and Building Complex as Landlord may, in the exercise
of sounds business judgment deem to be appropriate.
