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Exhibit 10.30
LEASE
THIS LEASE, executed in duplicate as of this 24th day of September 1996, by and
between Don and Xxxxxx Xxxxxxxx dba Xxxxxxxx Properties hereafter called
LESSOR, and RESOUND CORPORATION, A California Corporation hereafter called the
LESSEE (Lessor and Lessee being for convenience herein, in the singular number
and masculine gender), WITNESSETH: Lessor hereby leases to Lessee, and Lessee
hereby leases from Lessor, for and in consideration of the rent herein reserved
and covenants herein contained and upon the conditions hereof, that certain
real property situated in the City of Redwood City, County of San Mateo, State
of California, commonly known as 30 Xxxxx am Rhein Court, Units J, K, & L and
described as follows: Approximately 6575 sq. ft. as per exhibits A, B, C, D, &
E "AS IS" attached.
A. The term of this lease shall be for four (4) years, beginning on the 15th
day of December 1996 and ending on the 14th day of December 2000 inclusive, for
a monthly base rental of $4,208.00 per month in advance, commencing with the
first day of said term and on the same day of each succeeding month thereof.
Receipt of the first month's rent in the amount of $ -0- is hereby
acknowledged.
B. As consideration for the execution of this lease, the Lessee
shall pay to the Lessor the sum of $3,945.00*, receipt of which is hereby
acknowledged. In the event Lessee is not then in default under terms of this
lease, said sum of $3,945.00* shall be applied toward rental due for the last
month of the extended term, in lieu of the last month of the initial term.
C. The base rental above set forth shall be subject to escalation as follows:
At the end of the first twelve (12) months of the lease term, the monthly
rental shall be increased as follows for the next and each succeeding twelve
(12) month period of the lease term:
(a) The Consumer Price Index, for all Urban consumers, as published
by the U.S. Department of Labor, Bureau of Labor Statistics, All Items for the
United States Average (1967 = 100) is the "Index" herein referred to. Said
Index as published shall be used herein, whether or not certain items may
hereafter be added or deleted therefrom by the Bureau of Labor Statistics, or
whether a "successor index" is published.
(b) The "Base Year Index" shall be the average monthly Index over the
twelve (12) month period ending with the calendar month immediately preceding
the month in which the term of this lease commences.
(c) Commencing with the second twelve (12) months of the lease term,
and continuing thereafter for each remaining twelve (12) month], monthly rent
for each such period of the term shall be increased in the same ratio that the
average monthly Index for the previous twelve (12) months preceding the month
in which such rental period commences, shall have increased over the Base Year
Index. In no event shall the rental for any month of the lease term be less
than the base rental for the first month of the lease term.
IT IS HEREBY AGREED BY LESSOR AND LESSEE that this lease is made upon the
following terms, covenants and conditions:
1. RENTAL. The Lessee will pay said rental monthly in advance and
without deductions to Lessor at the office listed as Lessor's address under
lessor's signature hereto, or at such place or places as Lessor may in writing
designate, without grace or previous demand.
2. POSSESSION. If Lessor is unable to deliver possession of the
premises to Lessee for damages therefor, but there shall in such event be a
deduction of rent for the pro rata period during which possession is delayed.
Neither such delay nor occupancy by Lessee prior to the commencement date shall
extend or shorten the term, but Lessee shall pay rent for such latter period at
the initial monthly rate.
3. USES OF PREMISES. The Lessee shall during the term hereof
exclusively conduct therein and thereon the sole business of administration,
warehousing and distribution of hearing aid products.
Roof surfaces shall not be penetrated by Lessee or his agents without
prior written consent of Lessor.
The premises shall not be used for living quarters.
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Motor vehicle parking, if any, provided to Lessee under this lease
shall be non-exclusive, subject to reallocation by Lessor from time to time,
and Lessee agrees that no vehicle will be parked on the leased premises for
longer than eighteen (18) hours in any twenty-four (24) hour period. Lessee
agrees that in the event this provision is violated, the motor vehicle may at
Lessor's option be towed away at Lessee's expense.
Lessee shall not use solid hard tires on any fork lifts or dollies on
paved parking, truck loading or driveway areas, and in the event Lessee
violates this provision, Lessee shall be responsible for the cost of
resurfacing the entire area.
Lessee shall not use any machinery on said premises the use of which
will shake or vibrate the improvements thereon, or any part thereof, to such a
degree that injury will be done to such improvements.
No use of said premises shall be made, or any act committed thereon,
which would increase the existing rate of fire insurance upon the improvements
upon said premises or cause a cancellation of such insurance; that Lessee shall
not commit any act on said premises, the doing of which is prohibited by any
condition or restriction or record affecting the title to or the right to
occupy that property; that no public sale or auction shall be conducted on said
premises; and that Lessee shall not in the use of said premises violate any
present or future law, ordinance or regulation of any public authority; and
that no waste or public or private nuisance shall be committed on said
premises.
No corrosive chemicals, acids, inflammable liquids, paints, dangerous
or toxic substances or similar materials shall be used or stored on the leased
premises. Lessee shall comply with all federal, state and local environmental
laws, ordinances and regulations, and shall indemnify Lessor against any
liability, claims and expense at any time incurred for violation of this
subparagraph, including any sum assessed against Lessor for any violations of
said laws, regulations or ordinances or incurred at any time for the
elimination of toxic substance effects or soil removal. Lessee agrees in this
connection to waive the statute of limitations applicable to any action brought
hereunder.
4. ALTERATIONS. No alterations shall be made on or of said premises
without the written consent of Lessor first have been obtained, and any
alterations of said premises or additions thereto shall, when affixed to the
realty, become a part thereof, except moveable furniture and trade fixtures.
(See paragraph #34)
No additional lock or locks shall be placed by Lessee on any door, nor
shall any existing lock be re-keyed, unless written consent of Lessor shall
first have been obtained. Two keys will be furnished by Lessor. All keys
shall be surrendered to Lessor upon termination of the lease term.
The following items, whether installed by Lessor or Lessee shall be
deemed permanent improvements and not trade fixtures, but shall be subject to
the election by Lessor to require removal of any or all of them at the
termination of the lease:
Electrical wiring, panels and conduit; all piping and ductwork;
heating units, air conditioners, lighting fixtures, ballasts, globes and tubes;
and hot water heaters, shelving and counters, and partition walls.
5. REPAIRS. Lessee accepts said premises (including glazing, outside
adjacent sidewalks and parking areas, if any) in their present condition,
acknowledging same to be in good order and repair; Lessee shall maintain the
said premises in as good order and repair as when received, damage by fire,
war, earthquake, or reasonable use wand wear thereof, excepted; unless said
fire be caused by the negligence of Lessee, his employees or invitees. Lessee
waives the provisions of Sections 1941 and 1942 of the California Civil Code,
or any other law which would permit Lessee to make repairs at Lessor's expense.
Lessee agrees to water, maintain and replace, when necessary, any
shrubbery, landscaping, exterior lighting, sprinklers and other such facilities
provided by Lessor on the leased premises. If parking and landscaping are
provided for an entire building or building site, the maintenance cost of such
parking and landscaping, including sweeping service, by a service designated by
Lessor shall be prorated on a square footage or other equitable basis as
calculated by Lessor. Lessee agrees to pay this cost in addition to the
monthly rental.
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Included in repairs and maintenance for which the Lessee is obligated
to pay are: replacement when necessary of light globes, fluorescent tubes,
ballasts and starters in all lighting equipment; and for repairs to doors,
storefronts and windows, including glazing, door closers, locks and frames,
landscape sprinkler system, toilet fixtures, fire sprinkler and fire sprinkler
supervisory systems, due to damage from any cause. This list is not intended
to be exclusive and shall not limit the general provisions hereof concerning
repairs.
For the duration of the lease, Lessee agrees to maintain and pay for a
service contract which meets the manufacturer's recommendations of the air
conditioning and heating systems installed in the leased premises. Lessor shall
not be obligated to repair minor settlement cracks on walls or floor of the
leased premises, and shall not be responsible for the leaking of said walls due
thereto or as the result of porosity thereof.
6. INDEMNIFICATION OF LESSOR; INSURANCE Lessee assumes all risk of
injury to person and property in or about said premises, including lessee's
property, and will hold Lessor free and harmless from liability therefor,
including costs and counsel fees. Lessee shall secure and keep in force a
public liability insurance policy on an occurrence basis covering leased
premises, including parking areas, if any, included in this lease, insuring
Lessee and naming Lessor as an additional insured, and a copy of same shall be
delivered to Lessor. Said insurance Policy shall have minimum limits of
coverage of $500,000 personal injury and property damage. Lessee shall further
insure, at his expense, the glass, glazing, window frames, skylights, door,
mullions and storefront window wall, if any, in said premises in a company and
in an amount acceptable to Lessor; loss, if any, to be payable to Lessor. A
copy of said policy shall be delivered to Lessor; and if the Lessee does not so
deliver said policy to Lessor, Lessor may insure said glass and glazing, and
collect the cost thereof from Lessee. All policies shall be kept current and
provide for non-cancellation and non-modification without 30 days advance
notice advance notice to Lessor.
7. UTILITIES. Lessee will pay, when due, all charges incurred by him
for water, light, power, heat, gas, garbage removal, sewer charges (rental, tax
assessment or other), telephone and other services furnished to said premises,
including fire sprinkler supervisory. If any such charges are assessed to a
larger building of which the leased premises are a part, such charges shall be
appropriately prorated on the basis of area by the Lessor. All such charges
incurred by Lessor for the common areas of an entire premises of which the
leasehold is a part, including but not limited to walkways, driveways, parking
areas and landscaping, shall be prorated on square footage or other equitable
basis as calculated by Lessor. lessee agrees to pay this cost in addition to
the monthly rental.
8. ASSIGNMENT. Lessee shall not assign this lease, or any interest
therein, or sub-lease said premises, or any portion thereof, or license the use
thereof, or any portion thereof, without the written consent of Lessor first
had and obtained; that consent given by Lessor to one or more assignments,
sub-leases or licenses shall not be construed as a subsequent or continuing
consent; and that any such assignment, sub-letting or licensing (including
transfer by operation or law) without such consent shall at Lessor's option
terminate this lease. In the event of any assignment or sub-lease hereunder
whether consented to by Lessor or not, Lessee agrees to pay Lessor monthly 100%
of the excess of the rent provided under assignment or sub-lease over the rent
specified herein.
9. SUBORDINATION TO DEED OF TRUST. This lease at the option of
Lessor shall be subordinate to any deed of trust now existing or which Lessor
may in the future execute covering said premises. Lessee agrees forthwith upon
request of lessor to execute such documents providing subordination of this
lease to any such deed of trust executed now or in the future. Lessee shall
from time to time upon (10) days, prior written request by Lessor execute,
acknowledge and deliver to Lessor (a) a statement in writing certifying, if
such be true, that his Lease is unmodified and in full force and effect (or if
there have been modifications that the same is in full force and effect as
modified and stating the modifications) and the dates to which rental and other
charges have been paid; and (b) such other instruments as may reasonably be
required or requested by any mortgagee, beneficiary of a deed of trust or
holder of any other encumbrance on the Premises.
10. DESTRUCTION OF PREMISES. In the event the premises are totally
destroyed, then this lease will be forthwith terminated. In the event the
demised premises are part of a building and such building is damaged to such an
extent that the cost of repairs exceeds one-third of the cost of replacement of
said building, then at the option of the Lessor, this lease shall terminate.
In the event of partial destruction of the premises, which Lessor elects to or
is bound to repair, the same shall be repaired by Lessor as soon as reasonably
possible if such repairs can be made in ninety (90) working days after receipt
of all
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permits under the laws, ordinances and regulations applicable thereto, and also
if necessary financing therefor is obtainable on a reasonable basis from local
lending agencies; but if such repairs cannot be so made, then this lease, at
the option of Lessor, shall terminate; but if not so terminated, then Lessor
shall repair the same as soon as reasonable possible. During the time such
repairs are being made Lessor shall not unreasonably interfere with Lessee's
business, and the rent for such period shall be reduced proportionately to the
extent Lessee is deprived of the use of the premises. lessee wives the
provisions of sections 1932 subdivision 2) and 1933 (subdivision 4) of the
California Civil Code. In the event of partial or total destruction, Lessee
shall have the right to cancel this lease.
11. DEFAULT. In the event Lessee defaults in the terms hereof,
Lessor, at his option, and in addition to any other rights he may have, may
re-enter and repossess said premises and remove all property therefrom and
store the same at the expense of Lessee. Lessor, upon default of Lessee, may
relet said premises or any portion thereof, in a changed condition or
otherwise, for such rental and upon such terms as he deems reasonable, and hold
Lessee for the difference received, plus expenses of reletting and collecting
such rental, and the rental herein provided. No such re-entry or taking of
possession by Lessor shall be deemed an election to terminate this lease unless
Lessee is served with notice of said termination by Lessor or same be decreed
by a court of competent jurisdiction.
In the event Lessee shall breach this lease and abandon the demised
premises, Lessor may also elect to continue the lease in effect and Lessor may
enforce all rights and remedies hereunder, including the right to recover rent
as it becomes due, all pursuant to the provisions of Section 1951.4 of the
California Civil Code. In the even of such election by Lessor to continue the
lease, Lessee hereby irrevocably appoints Lessor the agent of Lessee to enter
upon the demised premises and remove any and all persons and/or property
whatsoever situated upon said premises, and to place all or any portion of said
property, except such property as may become the property of Lessor, in storage
for the account of and at the expense of Lessee; and, in such case, Lessor may
relet the demised premises upon such terms as to it may seem fit, and if a
sufficient sum shall not be thus realized, after paying expenses of such
reletting and collecting, to satisfy the rent and such other sums as may be
reserved herein to be paid, Lessee shall satisfy and pay any deficiency, and
pay the expenses of such reletting and collecting. Lessee hereby releases
Lessor and agrees to save harmless Lessor from any cost, loss or damage arising
out of or caused by any such entry or reentry upon the demised premises and/or
the removal of persons and/or property and storage of such property by Lessor
or his agents.
12. ATTORNEY'S FEES. In the event of any suit, action or proceeding
brought by either party for the breach of any term hereof, or to enforce any
provisions hereof, or for unlawful detainer, the losing party will pay to the
other reasonable counsel fees in said action or proceeding as fixed by the
court.
In the event Lessee is in default in payment of rent for any period or
in Lessee's performance of any covenant hereof, and the Lessor engages an
attorney to prepare a notice of such default for service on the Lessee, the
Lessee agrees to reimburse the Lessor for the services of such attorney; and in
the event the default is cured prior to institution of suit, the fee for the
preparation of such notice shall be a reasonable amount therefor, plus actual
costs of service.
13. ENTRY AND INSPECTION. Lessor reserves the right to enter said
premises at all reasonable times for the purpose of repairing, altering or
maintaining the improvements thereon, inspecting said premises, showing the
same to prospective encumbrances, lessees, insurers, or purchasers, posting any
notice or sign deemed necessary by him to protect his title or interest in said
property; and during the last one hundred twenty (120) days of the term hereof
placing and maintaining therein customary "for sale" or "to let" signs.
14. WAIVER. The waiver by Lessor of any breach hereof shall not be
deemed a waiver of any subsequent breach of the terms hereof.
15. HOLDING OVER. Should Lessee remain in said premises after the
expiration of this lease, such holding over shall be construed as a tenancy
from month to month upon such increase in rental, if any, as established by
notice from Lessor, but otherwise on the terms and conditions hereof so far as
applicable, including rent, and the provisions for cost of living increases
therein (if any) and tax reimbursement. This paragraph shall in no sense imply
any consent by Lessor to such holding over.
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16. NOTICES TO LESSEE. All notices required by law or this lease to
be given to Lessee by Lessor may be given personally to Lessee or mailed to him
by United States mail, postage prepaid and addressed to Lessee at the premises,
whether or not Lessee has abandoned or vacated them.
17. TRANSFER OF SECURITY. In the event any security be given by the
Lessee to secure the faithful performance of this lease, Lessor shall not be
chargeable with interest thereon, and in the event of a sale of said premises
he may transfer such security to the purchaser and be relieved of further
liability therefor.
18. INSOLVENCY OR BANKRUPTCY. To the extent permitted by law, the
interest of Lessee in such premises and this lease, at the option of Lessor,
shall terminate in the event of levy of execution against Lessee upon such
interest (provided Lessee fails for a period of five (5) days to discharge or
bond against said levy), or upon Lessee filing or having filed against him
bankruptcy proceeding or other proceedings under the bankruptcy statutes, or
upon Lessee making a general assignment for the benefits of creditors, or upon
the appointment of a receiver to take possession of all or substantially all of
Lessee's assets.
19. LIENS. In the event any lien is filed against said premises for
any claim against Lessee, Lessee shall remove the same forthwith; but failing
to do so, Lessor may remove the same at the expense of Lessee. Lessee may,
however, dispute the validity of such lien, but as a condition thereof, shall
file with Lessor a surety bond covering the amount thereof.
20. SIGNS. Lessee shall not place any signs, visible from the
exterior, or any part of the premises without the written consent of Lessor.
Upon the expiration of this lease, Lessee shall remove all signs or decorations
placed on or in said premises and shall repair any damage done by placing,
maintaining or removing of said signs or other equipment on the roof or other
portions of the premises. Lessee may place professionally designed signs in
and on said building advertising Lessee's business after written approval by
Lessor, and governmental entities. Signs shall include tethered airborne
objects and mobile units.
21. SURRENDER OF PREMISES. Lessee agrees to surrender the premises
at the termination of the tenancy herein created, in the same condition as
herein agreed they have been received, damage caused by war, earthquake, and
ordinary wear and tear excepted; and upon the surrender of the premises, either
at the expiration of the term or otherwise, Lessee agrees to remove all
personal property and rubbish from the premises; but if not so removed by
Lessee, Lessor may have the same removed at Lessee's expense. In the event of
surrender of this lease, Lessor shall have the option of terminating all
existing sub-leases or of assigning said sub-leases to Lessor. At the time
of termination of this lease, Lessor may require any or all of the alterations
or additions installed by Lessee or by Lessor for the benefit of Lessee at
Lessee's request, to be removed and the premises restored to their original
condition,whether or not said alterations or additions have become part of the
premises under paragraph 4 hereof.
22. SUCCESSORS AND ASSIGNS. The covenants and conditions herein
contained, subject to the provisions as to assignment, shall apply to and bind
the heirs, executors, administrators, successors and assigns of Lessor and
Lessee. The term "Lessor" as used herein shall mean only the owner or owners
at the time in question of the fee title or a Lessee's interest in a ground
lease of the Premises, and except as expressly herein provided, in the event of
any transfer of such title or interest, Lessor herein named (and in case of any
subsequent transfers the then grantor) shall be relieved from and after the
date of such transfer of all liability as respects Lessor's obligations
thereafter to be performed, provided that any funds in the hands of Lessor or
the then grantor at the time of such transfer, in which Lessee has an interest,
shall be delivered to the grantee. The obligations contained in this Lease to
be performed by Lessor shall, subject as aforesaid, be binding on Lessor's
successors and assigns, only during their respective periods of ownership.
23. TIME. Time is of the essence of this lease.
24. RECORDING. This lease shall not be recorded by Lessee, but in
the event the interest of Lessee herein is shown as an exception to title in
any title company report of title, Lessee agrees to execute and deliver to
Lessor a quitclaim deed covering all Lessee s interest in said premises,
forthwith upon termination of this lease.
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25. TAX INCREASES. Lessee agrees to pay Lessor the amount of any
increase in city, county and district real estate taxes assessed against said
premises, in excess of the taxes for the fiscal year 96-97. Included in
"taxes" shall be any levy, tax, charge or fee levied by a governmental entity
on parking spaces or privileges or parking uses in the leased premises and any
tax on Lessor's gross rental receipts (other than income tax).
Also included in said taxes shall be any future special assessments
for local improvements of any sort. If said assessments are permitted to go to
bond, the total amount of the annual installment shall be added to the tax xxxx
for the purpose of the computation of any increase in taxes; if Lessor
discharges said assessment and does not permit the same to go to bond, the
amount which each annual installment, less interest, would have been if the
same had gone to bond, shall be annually added to Lessor's tax xxxx for the
purpose of tax increase computation.
Lessee shall pay Lessor the amount of any such increase in real
property taxes, as above defined, in two equal installments, one on December 1
and the other on April 1 of the said fiscal tax years. Submission of copies of
tax bills by Lessor shall be evidence of and notice of the amount of said
taxes. The amount of said increase shall be prorated in the event this lease
commences or terminates during any fiscal tax year, and in such event the
split-period, portable semi-annual installment of the tax increase shall be
paid either thirty (30) days prior to the termination of this lease or within
ten (10) days of notification by the Lessor to the Lessee of the amount of said
increase.
In the event said tax reimbursement payments are not made to Lessor on
or before the dates herein set forth, the Lessee shall pay to Lessor a ten
percent (10%) per annum late charge for such delinquency to be added to the tax
reimbursement payment due. If said taxes and assessments are assessed against
the entire building and building site, the taxes and assessments allocated to
the leased premises shall be prorated on a square footage or other equitable
basis, as calculated by Lessor.
If the assessed value of the Lessor's premises is increased by the
inclusion therein of a value placed upon the personal property or improvements
of the Lessee, and if the Lessor pays the taxes based on such increased
assessment, the Lessee shall, upon demand, repay to the Lessor the portion of
such taxes resulting from such increase in assessment.
26. OUTSIDE STORAGE. No materials, supplies, equipment, finished
products or semi-finished products, raw materials or articles of any nature
shall be stored upon or permitted to remain on any portion of the leased
premises outside of the building constructed thereon, except with the prior
written consent of the Lessor. Notwithstanding the above, Lessee has the right
to provide trash dumpsters.
No waste materials or refuse shall be dumped upon or permitted to
remain unreasonably upon any part of the leased premises outside of building
proper, unless approved by Lessor.
27. OTHER RULES. Lessor reserves the right to make such other
reasonable rules and regulations, including parking regulations, as in Lessor's
judgment may from time to time be necessary for the safety, cleanliness and
orderly operation of the leased premises for the benefit of all the tenants in
the area. Lessee agrees to require its employees, executive, invitees and
customers to abide by such rules and regulations, including parking
regulations.
28. CONDEMNATION. In the event more than ten percent (10%) of the
building area or more than twenty percent (20%) of the surrounding land in the
demised premises shall be condemned by any public authority under eminent
domain, this lease shall terminate and the award for damages shall belong
entirely to Lessor, except as to trade fixtures of Lessee. If a lesser portion
of the premises be condemned, the Lessee shall be entitled to a reasonable
abatement of rent proportionate to the loss of use of space being leased. The
granting by Lessor of storm drainage or utility easements over the demised
premises shall not involve any reduction in rent, unless such easements
materially affect Lessee's use of the demised premises.
29. NOTICES TO LESSOR. All notices required by law or this lease to
be given to Lessor by Lessee shall be mailed to Lessor, registered or certified
mail, return receipt requested, by United States Mail, postage prepaid to
Lessor at the following address or such other address as Lessor may direct in
writing:
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0000X Xxxxxxxx Xxxx
Xxx Xxxxxx, XX 00000
30. ROOF MAINTENANCE. Notwithstanding the provisions of Paragraph 5,
Lessor shall maintain the roof and structural components of the leased
premises, such duty to repair being subject to the condition precedent that
Lessee shall give prior written notice of at least 24 hours to Lessor (during
working hours) specifying the need for such repairs. Structural components are
defined as outside walls (excluding windows, doors, doorframes, storefront,
glazing, door closers, locks and hardware), footings, columns, floor slab, and
roof structure systems. The Lessee, however, shall be obligated to make any
and all repairs caused by any act or omission of Lessee, his employees or
invitees.
31. ADDITIONAL CLAUSES TO THIS LEASE. The following additional
paragraphs have been included in this lease as attachments thereto: No. 32, 33
and 34. In the event any of the provisions of said added paragraphs conflicts
with the provisions of paragraphs 1 through 31 hereof, the additional
paragraphs shall control and shall be effective.
IN WITNESS WHEREOF, Lessor and Lessee have executed this lease the day
and year first above written.
Don and Xxxxxx Xxxxxxxx dba RESOUND CORPORATION a California
LESSOR: TANKLAGE PROPERTIES LESSEE: Corporation
/s/ Xxx Xxxxxxxx /s/ Xxxx Xxxxx
---------------- --------------
Xxx Xxxxxxxx, (owner) Xxxx Xxxxx, Chief Financial Officer
Address: 0000 Xxxxxxxx Xxxx, Xxxx X Address: 000 Xxxxxxx Xxxxx
Xxx Xxxxxx, Xxxxxxxxxx 00000 Xxxxxxx Xxxx, Xxxxxxxxxx 00000
32. Lessee shall not generate or cause any of the following; Noise,
vibrations, odor or dust discernible or audible to adjoining tenants and in the
event of any complaint by any adjoining tenant, Lessor or and Municipal entity
or agency, then Lessee shall cure such breach of the lease within 60 days of
said notice.
33. Notwithstanding the alterations provisions of this lease, Lessee
shall be allowed to install, at Lessee's expense, an alarm system which shall
remain the property of the Lessee. At the termination of the lease, Lessee
agrees to remove alarm system and repair any damage to premises which resulted
from the alarm system installation.
34. Any other provisions of this lease not withstanding, the parties
hereby agree that the demised premises may be subject to the terms and
conditions of the Americans with Disabilities Act of 1990 (herein after the
"ADA"), as a result of Lessee's use of said premises. The parties further
agree and acknowledge that it shall be the sole responsibility of the Lessee to
comply with any and all provisions of the ADA, as such compliance may be
required to operate the demised premises. The Lessee further agrees to
indemnify and hold the Lessor harmless against any claims which may arise out
of Lessee's failure to comply with the ADA. Such indemnification shall
include, but not necessarily be limited to reasonable attorney's fees, court
cost and judgments as a result of said claims.
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TANKLAGE PROPERTIES License no. 401618
GENERAL OUTLINE SPECIFICATION - For Future Improvements
GENERAL:
1) Lessor to review and approve all plans and specifications prior to
submittal for permit.
2) Submit all plans and Title 24 calculations for approval from local building
department and secure all necessary permits.
3) Lessor to inspect all work at same intervals as local building department.
4) All workmanship to be equal to the best practices in modern construction.
5) Do not drill into or through glulam beams, purlins, or any major structural
element.
6) Do not support any piping or equipment, etc., from 2x4 roof members; employ
purlins or place additional 2x6 frame between purlins for support.
7) Do not route piping or conduits over or on roof surface (except condensate
drains).
8) All roof penetrations to be approved by owner and coordinated with owners
roofing subcontractor
ROOFING:
1) All roof penetrations to be mopped in by original roofing subcontractor
2) Clean roof of all debris and trash to assure roof and drains are clear of
all construction materials.
HARDWARE:
1) Any locks to be re-keyed must be keyed to Tanklage's master key system and
should also pass meter room.
2) Provide Lessor with a key to all re-keyed locks.
FIRE SPRINKLER:
1) Install additional heads as required to conform to local codes, I.S.O and
Fire Xxxxxxxx.
HEAT, VENT & A/C:
1) No equipment to be located on roof closer than 25 ft. from outside wall,
keep out of normal line of sight.
2) All A/C units, fans, blowers, plenums, etc. added to roof to be primed and
painted to match existing.
3) All equipment to be mounted on built up curbs with G.I. covers. All
penetrations necessary for this equipment to be incorporated within
this curb (i.e. duct penetrations, electrical conduit, gas lines, etc.).
4) No curb, fan or any type of roof penetration to be located less than 16"
from skylight, roof hatch, parapet wall or other roof penetration.
5) Provide sight screens as required by local codes.
PLUMBING:
1) Do not sawcut concrete, jackhammer only. All reinforcing steel to remain
intact.
Exhibit "A"
/s/ Xxx Xxxxxxxx /s/ Xxxx Xxxxx
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Xxx Xxxxxxxx Xxxx Xxxxx
9
TANKLAGE PROPERTIES
OUTLINE SPECIFICATIONS
Lease space at 30 Xxxxx am Xxxxx Court, Redwood City, California Units J, K & L
Office and warehouse space to be leased "AS IS"
OFFICE: Painted sheetrock walls - 8 ft. high
Painted sheetrock ceiling and T-bar suspended ceiling system
Carpet glued direct with rubber base
Prefinished wood doors and H.M. frames
Electric heat Unit "L"
Heat Pump H,V,A/C system - Unit J & K
Normal office lighting and plugs
Aluminum and glass entry units with 3' x 7' door
Tenant Improvements to be completed in Units J, K & L:
a) Shampoo carpet in offices.
b) Provide one unit heater in unit "J", BTU output to be per Title 24
requirements
c) Painted surfaces in the office areas to remain "AS IS" with the
exception of those areas which need repair. Repaired areas
will be touched up with a similar, but not exact color paint.
TOILET ROOMS:
Enameled sheetrock walls and ceiling
Marlite wainscote - 4 ft. high
Sheetvinyl flooring
Prefinished wood doors and H.M. frames
Water closed and xxxx, exhaust fan
Light, switch and plug
Electric water heater
T.P. holder and mirror
WAREHOUSE:
Lights - "AS IS"
Finishes - unfinished concrete floors, fire taped sheetrock wall,
gravity vents and skylights per plan, foil insulation at underside
roof.
Electrical service and distribution to be "AS IS".
Note: No loads to be hung from 2x4 roof joists
No lines to run above or no roof
All roof penetrations to be approved by owner and coordinated with
owners roofing subcontractor.
ALL HEATING AND LIGHTING SUBJECT TO TITLE 24 REGULATIONS
Exhibit "B"
/s/ Xxx Xxxxxxxx /s/ Xxxx Xxxxx
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Xxx Xxxxxxxx Xxxx Xxxxx
