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EXHIBIT 10.1
SECOND AMENDMENT OF LEASE
THIS SECOND AMENDMENT OF LEASE (this "Amendment"), is made as of the 10th
day of July, 2000, between ASC-CSFB 30 BROAD, LLC, a New York limited liability
company having an address c/x Xxxxxx Xxxx Properties LLC, 000 Xxxxx Xxxxxx,
Xxxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ("Landlord"), and K2 DESIGN, INC., a New
York corporation having an office at 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000
("Tenant").
W I T N E S S E T H:
WHEREAS, by Agreement of Lease dated as of April 18, 1997 (the "Lease"),
30 BROAD ASSOCIATES, L.P., Landlord's predecessor-in-interest, let unto Tenant,
and Tenant leased from Landlord's predecessor-in-interest the entire 16th floor
(the "16th Floor Premises") of the building (the "Building") known as and by the
street address of 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, as more particularly
identified therein; and
WHEREAS, the Commencement Date under the Lease has heretofore been fixed
as April 18, 1997 and, accordingly, the Expiration Date of the Term is presently
April 30, 2003; and
WHEREAS, pursuant to a certain Amendment to Lease dated as of April 18,
1997, Landlord's predecessor-in-interest and Tenant modified and amended the
Lease to provide for the leasing to Tenant of certain additional space in the
basement of the Building (the "Basement Space"); and
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WHEREAS, Tenant now desires to further modify the Lease to provide for (i)
an extension of the Term and (ii) the inclusion therein of a portion of the 15th
floor of the Building, substantially as shown (by diagonal lines or shading) on
the floor plan attached hereto as Exhibit A and made a part hereof (the
"Additional Premises"), upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and in the Lease, and of the sum of Ten Dollars ($10.00) paid by Tenant to
Landlord, and for other good and valuable consideration, the mutual receipt and
legal sufficiency of which are hereby acknowledged, the parties hereto, for
themselves, their legal representatives, successors and assigns, hereby agree as
follows:
1. Definitions.
All capitalized terms used but not defined in this Amendment shall have
the respective meanings ascribed to them in the Lease.
2. Extension of the Term.
The Expiration Date (as defined in the Lease) is hereby extended through
and including the day immediately preceding the seven (7) year anniversary of
the Rent Commencement Date (as hereinafter defined), or to such earlier date
upon which the Term of the Lease shall cease and expire pursuant to the
provisions of the Lease (as amended by this Amendment).
3. The Additional Premises.
(a) Effective as of the date upon which Landlord shall give Tenant
possession of the Additional Premises (hereinafter the "Effective Date") and for
the remainder
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of the Term of the Lease, the Additional Premises shall be added to and included
in the Demised Premises, upon and subject to all of the terms and conditions of
the Lease, except as expressly modified by this Amendment. From and after the
Effective Date, all references in the Lease to the Demised Premises shall be
construed to include the 16th Floor Premises, the Basement Space and the
Additional Premises.
(b) If the Effective Date shall not have occurred on or prior to
December 31, 2000 (the "Outside Date"), Tenant shall have the right to terminate
this Amendment by giving notice to Landlord of Tenant's desire to do so not
later than ten (10) days after the Outside Date and, upon the giving of such
notice, this Amendment shall cease and terminate and Landlord shall return the
additional security provided for in Section 14 below unless, within thirty (30)
days after Landlord receives such notice of termination from Tenant, Landlord
shall cause the Effective Date to occur; provided, however, that Tenant shall
have no claim against Landlord, and Landlord shall have no liability to Tenant
by reason of any such termination, and the parties hereto further agree that any
failure by Landlord to cause the Effective Date to occur on or prior to the
Outside Date shall in no other way affect the obligations of Tenant under the
Lease nor shall the same be construed in any way to extend the Term. This
Section 3(b) shall be deemed to be an express provision to the contrary under
Section 223-a of the Real Property Law of the State of New York and any other
law of like import now or hereafter in force.
(c) Upon request of Landlord at any time after the Effective Date
has been determined, Tenant agrees to join in the execution of a written
agreement, in form reasonably satisfactory to Landlord, setting forth the
respective dates for the Effective Date,
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the Rent Commencement Date and the Expiration Date hereunder; provided, however,
that the failure of Tenant to execute and deliver any such statement shall in no
way affect the occurrence thereof or the rights or obligations of the parties
hereunder.
4. Rent.
(a) Anything in Section 1.01 of the Lease to the contrary
notwithstanding, commencing from and after the date hereof through and including
the Expiration Date, Fixed Rent for the Demised Premises shall be at the
following rates:
(i) From and after the date hereof through and $248,018.00 per annum (or
including the day preceding the Effective Date: $20,668.17 per month)
(ii) From and after the Effective Date through $682,400.00 per annum (or
and including the day immediately preceding $56,866.67 per month)
the fourth (4th) anniversary of the Rent
Commencement Date:
(iii) From and after the fourth (4th) $727,800.00 per annum (or
anniversary of the Rent Commencement Date $60,650.00 per month)
through and including the Expiration Date:
Notwithstanding the foregoing, provided that no default by Tenant shall have
occurred and be continuing under the terms of the Lease beyond the expiration of
any applicable period of notice and cure, Landlord will allow Tenant a credit
against Fixed Rent in the amount of $255,900.00 (the "Credit"), to be applied
against Fixed Rent coming due from and after the Effective Date at the rate of
$56,866.67 per month, until the cumulative amount of the Credit shall have been
fully liquidated. As used herein, the term "Rent Commencement Date" shall mean
the date which is 135 days after the Effective Date.
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(b) Nothing in this Section 4 shall be deemed to modify or diminish
Tenant's obligation to continue to pay any and all increases in Fixed Rent
heretofore and/or hereafter provided for in Section 3.02 of the Lease (as
unamended by this Amendment) with respect to the 16th Floor Premises and the
Basement Space, until such time as the Effective Date shall have occurred,
whereupon any such Fixed Rent obligation thereafter becoming due under the Lease
in respect of the 16th Floor Premises and the Basement Space shall cease until
the Rent Commencement Date.
(c) Tenant shall pay Fixed Rent for the Demised Premises in advance
at the times and in the manner provided in Article 1 of the Lease for the
payment of Fixed Rent thereunder.
5. Taxes.
(a) From and after the Effective Date, Tenant shall pay additional
rent for the Demised Premises in accordance with Article 3.01 of the Lease,
except that (i) the term "Base Tax" in Section 3.01(A)(a) of the Lease shall
mean Taxes for the Tax Year commencing July 1, 2000 and ending June 30, 2001, as
finally determined, exclusive of (x) any special assessments (improvement
district assessments or otherwise) and (y) any amounts described in clause (ii)
of the definition of Taxes, and (ii) Tenant's Tax Share for the Demised Premises
shall be deemed to be 5.44%.
(b) Nothing contained in this Amendment shall relieve or otherwise
affect Tenant's obligation to continue to pay additional rent for the 16th Floor
Premises and the Basement Space in accordance with the provisions of Section
3.01 of the Lease (as unamended by this Amendment), until such time as the
Effective Date shall have occurred, whereupon any
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such additional rent obligation thereafter becoming due under the Lease in
respect of the 16th Floor Premises and the Basement Space shall cease until the
Rent Commencement Date.
(c) Section 3.01 of the Lease is hereby supplemented by the addition
of the following paragraph to the end thereof:
"E. Tenant acknowledges that Landlord has or may obtain
benefits under the New York City Industrial and Commercial
Incentive Program and the rules and regulations promulgated
thereunder (the "ICIP"). Notwithstanding anything to the
contrary contained in the Lease, Tenant shall not be required
to pay taxes or charges which became due because of a willful
neglect or fraud by Landlord in connection with the ICIP, or
otherwise relieve or indemnify Landlord from any personal
liability arising under NYC Administrative Code Section
11-265, except where such impositions are caused by the
actions of Tenant. Tenant agrees to report to Landlord the
number of workers permanently engaged in employment in the
Demised Premises, the nature of each worker's employment and
whether to Tenant's knowledge after due inquiry each worker is
a New York City resident. Tenant further agrees to provide
access to the Demised Premises to the New York City Department
of Finance at all reasonable times and upon reasonable notice
at the request of Landlord."
(d) The parties understand that the Demised Premises are located in
the geographical area which is eligible for real property tax abatement (the
"Abatement") under the New York City Downtown Commercial Revitalization Program
(the "Program"). Landlord acknowledges that Tenant may request that Landlord
join Tenant in executing an application (the "Application") for eligibility in
the Program subject to Tenant's agreement to, and, compliance with, the terms of
this Section and Exhibit B attached hereto. Pursuant to the Program, the parties
agree that "tenant's percentage share" shall be Tenant's Tax Share in respect of
the Additional Premises or 2.07%, that an application for abatement of real
property taxes will be made in respect of the Additional Premises if all
statutory requirements are
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fulfilled, that the rent including amounts payable by the Tenant for real
property taxes will accurately reflect any abatement of real property taxes,
that at least $5.00 or $35.00 per square foot must be spent on improvements to
the Additional Premises and the common areas, the amount being dependent upon
the length of the Lease and whether it is a new, renewal or expansion lease, and
that all abatements granted will be revoked if, during the benefit period, real
estate taxes, water or sewage charges or other lienable charges are unpaid for
more than one (1) year, unless such delinquent amounts are paid as provided in
the relevant law. If all statutory requirements are fulfilled, Tenant agrees to
use reasonable efforts to the extent within its control to obtain and maintain
any such available tax abatement and Landlord shall cooperate with Tenant in
connection therewith. The installment(s) of Fixed Rent payable after the
effective date of any such abatement shall be reduced by the amount of the
abatement of Taxes applicable as a result of this Amendment to the extent that
any payment of Taxes by Landlord has been reduced or Landlord has received a
refund as a result thereof.
6. Additional Rent.
(a) From and after the Effective Date, the provisions of Section
3.02 of the Lease shall no longer be in effect, and in lieu thereof, and in lieu
of any other xxxxxx-wage, operating expense or similar escalations which would
otherwise be due and payable by Tenant to Landlord in respect of the Demised
Premises, the parties have agreed that in addition to increases in Fixed Rent
for the Demised Premises under Section 4(a) of this Amendment, the Fixed Rent
for the Demised Premises shall be further increased by 2.0% cumulatively on
January 1, 2002 and on each January 1 thereafter for the ensuing one-year
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period of the Term and that, accordingly, Fixed Rent for the Demised Premises
shall be payable during the Term in the aggregate as follows:
(i) During the period commencing on January 1, 2001 (the
"Reference Date") and ending on the day preceding the first (1st) anniversary of
the Reference Date, Tenant shall pay Landlord Fixed Rent at the rate then
payable pursuant to Section 4(a) hereof.
(ii) During the period commencing on the first (1st)
anniversary of the Reference Date and ending on the day preceding the second
(2nd) anniversary of the Reference Date, Tenant shall pay Landlord Fixed Rent at
a rate equal to 102.0% of the Fixed Rent rate then payable pursuant to Section
4(a) hereof.
(iii) During the period commencing on the second (2nd)
anniversary of the Reference Date and ending on the day preceding the third
(3rd) anniversary of the Reference Date, Tenant shall pay Landlord Fixed Rent at
a rate equal to 104.04% of the Fixed Rent rate then payable pursuant to Section
4(a) hereof.
(iv) During the period commencing on the third (3rd)
anniversary of the Reference Date and ending on the day preceding the fourth
(4th) anniversary of the Reference Date, Tenant shall pay Landlord Fixed Rent at
a rate equal to 106.12% of the Fixed Rent rate then payable pursuant to Section
4(a) hereof.
(v) During the period commencing on the fourth (4th)
anniversary of the Reference Date and ending on the day preceding the fourth
(4th) anniversary of the Rent Commencement Date, Tenant shall pay Landlord Fixed
Rent at a rate equal to 108.24% of the Fixed Rent rate then payable pursuant to
Section 4(a) hereof.
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(vi) During the period commencing on the fourth (4th)
anniversary of the Rent Commencement Date and ending on the day preceding the
fifth (5th) anniversary of the Reference Date, Tenant shall pay Landlord Fixed
Rent at a rate equal to 108.24% of the Fixed Rent rate then payable pursuant to
Section 4(a) hereof.
(vii) During the period commencing on the fifth (5th)
anniversary of the Reference Date and ending on the day preceding the sixth
(6th) anniversary of the Reference Date, Tenant shall pay Landlord Fixed Rent at
a rate equal to 110.41% of the Fixed Rent rate then payable pursuant to Section
4(a) hereof.
(viii) During the period commencing on the sixth (6th)
anniversary of the Reference Date and ending on the seventh (7th) anniversary of
the Reference Date, Tenant shall pay Landlord Fixed Rent at a rate equal to
112.62% of the Fixed Rent rate then payable pursuant to Section 4(a) hereof.
(ix) During the period commencing on the seventh (7th)
anniversary of the Reference Date and ending on the Expiration Date, Tenant
shall pay Landlord Fixed Rent at a rate equal to 114.87% of the Fixed Rent rate
then payable pursuant to Section 4(a) hereof.
(b) The following shall be added to the end of Article 3 of
the Lease as a new Section 3.08:
"3.08 Tenant shall also pay to Landlord upon demand, as additional
rent, any occupancy tax or rent tax now in effect or hereafter enacted, which
Landlord is now or hereafter is required to pay with respect to the Demised
Premises or the Lease."
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7. Condition of Additional Premises.
(a) Tenant acknowledges that Tenant is fully familiar with the
condition of the Additional Premises, that Tenant shall take possession of the
Additional Premises in its then present "as is" condition on the Effective Date,
and that Landlord shall have no obligation to alter, improve, decorate or
otherwise prepare the Additional Premises for Tenant's occupancy other than to
(i) reconstruct the public corridor on the 15th floor of the Building (including
new ceiling, lighting, wall treatment and carpeting), generally where shown on
Exhibit A annexed hereto; and (ii) provide a point of connection to the Class E
fire safety system of the Building, all as more particularly described in
Section 7(g) below (items (i) and (ii) are, collectively, "Landlord's Additional
Premises Work"). Tenant acknowledges that Landlord's Additional Premises Work
may be performed by Landlord contemporaneously with the completion by Tenant of
initial alterations proposed by Tenant to prepare the Additional Premises for
Tenant's occupancy ("Initial Alterations") and Tenant hereby agrees to provide
Landlord and its agents and employees access to the Additional Premises during
Business Hours on Business Days in order for Landlord to cause to be performed
such items of work; it being agreed that Landlord shall have no obligation to
employ contractors or labor at so-called overtime or other premium pay rates or
to incur any other overtime costs or expenses whatsoever. Notwithstanding the
foregoing, Landlord expressly undertakes to substantially complete Landlord's
Additional Premises Work within ninety (90) days after the completion of
Tenant's Initial Alterations, subject to delay by reason of Force Majeure
Causes. Tenant at its sole cost and expense, may make all such alterations as
Tenant may consider necessary or desirable in furtherance of Tenant's occupancy
of the
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Additional Premises in compliance with all applicable requirements of insurance
bodies having jurisdiction over the Building, the provisions of Article 6 of the
Lease and this Section 7(a), and in such manner as not to interfere with, delay
or impose any additional expense upon Landlord in the maintenance or operation
of the Building. Subject to Landlord's approval of plans and specifications
therefore and to Tenant's compliance with all applicable requirements of law and
the provisions of Article 6, 7 and 8 of the Lease, Tenant shall have the right
to install an interior stairway connecting the Additional Premises to the 16th
Floor Premises.
(b) Notwithstanding anything contained in Section 7(a) to the
contrary, if asbestos is discovered in the Additional Premises in connection
with Tenant's Initial Alterations, Landlord shall, at Landlord's expense, remove
or enclose the asbestos to the extent required by, and in accordance with, all
applicable Legal Requirements.
(c) Subject to the terms and conditions set forth below, Landlord
shall contribute up to $261,000.00 ("Landlord's Contribution") toward costs
incurred by Tenant in connection with Tenant's Initial Alterations in the
Additional Premises (it being agreed that Tenant may expend up to $26,000 of
Landlord's Contribution on account of so-called "soft costs", including
architectural, engineering, expediting and other consulting fees, and all
necessary building department permits and approvals, but not including
expenditures on personal property not constituting a permanent leasehold
improvement).
Landlord shall disburse from time to time, but not more often than
once in any thirty (30) day period, within ten (10) Business Days after receipt
of Tenant's request therefor, that portion of Landlord's Contribution equal to
the amount set forth in Tenant's requisition; provided, however, that no advance
shall be made if, and for so long as, Tenant shall be in
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default under the Lease beyond any applicable notice and cure period. No advance
shall be made until (a) Landlord receives a request therefor from Tenant, (b)
Landlord receives a certification of performance (AIA G702 REQ Form) from the
architect of record and (c) Tenant submits to Landlord the following:
(1) A certificate signed by Tenant and Tenant's architect
dated not more than ten (10) days prior to such request setting forth (a)
the sum then justly due to contractors, subcontractors, materialmen,
engineers, architects and other persons who have rendered services or
furnished materials in connection with Tenant's Initial Alterations, (b) a
brief description of such services and materials and the amounts paid or
to be paid from such requisition to each of such persons in respect
thereof, (c) that the work described in the certificate has been completed
substantially in accordance with Tenant's plans (this statement need not
be made by Tenant, only by Tenant's architect), (d) that there has not
been filed with respect to the Additional Premises or the Building or any
part thereof or any improvements thereon, any vendor's, mechanic's,
laborer's, materialmen's or other like liens arising out of Tenant's
Initial Alterations which has not been discharged of record, and (e) that
Tenant has complied with all of the conditions set forth in the Lease
applicable to alterations, including the requirement that Tenant comply
with Legal Requirements (statements (d) and (e) need not be made by
Tenant's architect, only by Tenant); and
(2) Partial lien waivers, paid receipts or such other proof of
payment as Landlord shall reasonably require for all work done and
materials supplied by all trade contractors, subcontractors and
materialmen prior to the current requisition.
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Any portion of Landlord's Contribution remaining unpaid following
(i) the completion of Tenant's Initial Alterations, (ii) the submission to
Landlord of all of Tenant's requisitions for payment in respect thereof, and
(iii) payment by Landlord of all sums evidenced by such requisitions, shall be
retained by Landlord without credit to Tenant and without any abatement of Fixed
Rent and/or additional rent hereunder. Notwithstanding anything to the contrary
contained in this Section 7, if, at the time any payment by Landlord to Tenant
of all or any portion of Landlord's Contribution is required to be made, Tenant
is in arrears in the payment of Fixed Rent or additional rent under the Lease
beyond any applicable period of notice and cure, then Landlord may offset the
amount of such arrearages against the payment then due from Landlord hereunder.
(d) Tenant expressly acknowledges that Landlord has applied
for or may apply for the Property Tax Exemption and Deferral created by Title
II, Chapter 2, Part 3 of the Administrative Code of the City of New York and
accordingly, this Lease is subject to the provisions of Executive Order Nos. 50
(1980) and 100 (1986) and the Rules and Regulations promulgated thereunder, as
same may from time to time be amended and the New York City Industrial and
Commercial Incentive Program and the Rules and Regulations promulgated
thereunder ("ICIP"). To the extent required, all work (including, but not
limited to, all alterations or improvements by Tenant) must be done in strict
compliance with the ICIP laws for as long as the Building continues to qualify
for ICIP benefits and, to the extent required, Tenant acknowledges that Landlord
may be required to condition its approval for any work to be done within the
Additional Premises on the approval of a governmental agency in connection with
the foregoing. In furtherance of the foregoing, Tenant and Tenant's contractor
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must cooperate in filing documents required by the Department of Finance and the
Department of Business Services of the City of New York in the procurement of an
ICIP exemption, the Lower Manhattan Energy Program ("LMEP") abatement, and the
Lower Manhattan Real Property Tax Abatement Program ("LMRPTAP").
(e) Landlord shall not be required to expend the final ten
percent (10%) of Landlord's Contribution until it has received from Tenant's
architect, and Tenant's architect shall be responsible for obtaining, all
certificates of final approval required by any governmental or
quasi-governmental body in respect of Tenant's Initial Alterations and Tenant
and Tenant's contractor shall submit any necessary filings required by the ICIP,
the LMEP and/or the LMRPTAP. In the event Tenant (i) fails to obtain the
certificates and approvals described above within six (6) months following the
date Tenant has commenced beneficial occupancy of the Additional Premises, or
(ii) fails to bond or discharge any mechanic's lien filed against the Additional
Premises or the Building or the Property or Landlord's leasehold interest
therein for work claimed to have been done for or materials claimed to have been
furnished to Tenant in connection with Tenant's Initial Alterations within the
time period provided therefor in Section 6.02 of the Lease, then and in either
such event, Landlord, upon twenty (20) days prior notice to Tenant, shall have
the right to hire its own contractors or expediters to obtain said certificates
and/or approvals and/or to discharge such liens, by payment, filing of the bond
required by law or otherwise, and, at Landlord's option, to use all or any
portion of the final ten percent (10%) of Landlord's Contribution in its
reasonable attempt to do so, and Tenant, upon Landlord's demand, shall reimburse
Landlord for all
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unreimbursed costs so incurred in obtaining said certificates and/or approvals,
and/or in cancelling, bonding and/or discharging such liens.
(f) Following completion of any alterations or improvements by
Tenant, Tenant shall cause Tenant's architect to obtain and such architect shall
be responsible for obtaining final approval of alterations or improvements by
Tenant from the New York City Department of Buildings and other regulatory
bodies having jurisdiction. In addition, Tenant shall be required to sign a
written statement in form satisfactory to Landlord acknowledging the total cost
of Tenant's Initial Alterations.
(g) Any modifications, changes or alterations to the Class E
fire safety system of the Additional Premises (the "Fire Safety System"),
including, without limitation, speakers, strobes and pull stations are deemed to
be an alteration or improvement by Tenant and, in connection therewith, Tenant
may use only the contractor or contractors designated by Landlord. Subsequent to
any alterations or improvements by Tenant to the Fire Safety System, such system
shall be repaired and maintained only by the contractors designated by Landlord
from time to time, at Tenant's cost. Landlord shall provide a connection point
for the Fire Safety System to the existing DGP panel closest to the Additional
Premises, provided, however, that Tenant, at its own sole cost and expense,
shall install the strobes, speakers and pull stations of the Fire Safety System
and shall be responsible for all tie-ins between the Additional Premises and
such panel.
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8. Electricity.
(a) Anything in Section 4.04 of the Lease to the contrary not with
standing, Landlord represents that the risers, feeders and wiring of the
Additional Premises shall provide a connected load of up to six (6) xxxxx per
rentable square foot of the Additional Premises (exclusive of air-conditioning).
(b) Supplementing the provisions of Section 45.14 of the Lease, upon
the termination of the Lease, any supplemental air-conditioning equipment
theretofore installed by or for the benefit of Tenant shall be and become
Landlord's property for no additional consideration and shall not be removed by
Tenant.
(c) From and after the Effective Date, Article 4 of the Lease shall
be further amended with respect to the Additional Premises only, as follows:
(i) All references to the Commencement Date in Section 4.01
shall be deemed to refer to the Effective Date hereunder;
(ii) The third sentence of Section 4.03 shall be amended so as
to delete the number "$875.00", and by inserting in lieu thereof the number
"$1,993.75"; and
(iii) The second and fourth sentences of Section 4.03 shall be
amended to as to provide that Landlord shall initially furnish and install the
submeter for the Additional Premises in lieu of Tenant and that such
installation shall be completed within sixty (60) days after Tenant's
installation of a properly sized and wired meter pan therefor, subject to delay
by reason of Force Majeure Causes. The submeter to be so installed by Landlord
pursuant hereto, shall not measure usage by the air-conditioning unit serving
the entire 15th floor of the Building; and
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(iv) The reference to "August 1980" in Section 4.03 shall be
deleted and the date "January 1, 2000" shall be inserted in lieu thereof.
(d) Section 4.05 of the Lease is hereby deleted in its entirety and
replaced by the following new Section 4.05:
"4.05 Landlord shall not be liable in any way to Tenant for any failure or
defect in the supply or character of electric energy furnished to the Demised
Premises by reason of any requirement, act or omission of the utility company
providing the Building with electricity (the "Utility Company") or for any other
reason whatsoever, except to the extent such failure or defect is caused by
Landlord's negligence or willful misconduct. Notwithstanding the preceding
provisions of this Section 4.05, Tenant covenants and agrees that (i) any rights
of Tenant to make a claim against Landlord or its agents, servants or employees
as contemplated herein shall be subject to the waiver of subrogation provisions
set forth in Article 9.08 of this Lease, and (ii) in no event shall Tenant be
entitled to make a claim for consequential, indirect or special damages pursuant
to this Section 4.05."
(e) The following new Sections 4.08 and 4.09 are hereby added to the
end of Article 4 of the Lease, to read in full as follows:
"4.08 Landlord's failure during the Term of this Lease to prepare and
deliver any statements or bills under this Article 4 or Landlord's failure to
make a demand under this Article 4 or any other provisions of this Lease, shall
not in any way be deemed to be a waiver of, or cause Landlord to forfeit or
surrender its rights to collect any amount of additional rent which may have
become due pursuant to this Article 4 during the Term. Tenant's liability for
any amounts due under this Article 4 shall continue unabated during the
remainder of the Term and shall survive the expiration or sooner termination of
this Lease.
4.09 (a) If at any time during the Term, Tenant shall be receiving direct
electric service from the Utility Company, then and in that event and provided
that Tenant has obtained the prior written consent of Landlord thereto, which
consent shall not be unreasonably withheld, Tenant may elect to utilize the
services of an alternative electricity service provider ("ASP") rather than the
Utility Company to provide such service to Tenant or to install its lines or
other equipment within the Building.
(b) Without limiting the generality of subparagraph (a) of this
Section 4.09, Landlord may withhold its consent unless all of the following
conditions are satisfied to Landlord's reasonable satisfaction in a written
agreement between ASP and Tenant or by any other means reasonably acceptable to
Landlord:
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(i) Landlord shall incur no expenses whatsoever with respect
to any aspect of ASP's provision of its services, including without limitation,
the cost of installation, service, and material;
(ii) prior to commencement of any work in or about the Demised
Premises and/or the Building by ASP, ASP shall supply Landlord with verification
evidencing, in Landlord's reasonable judgment, ASP is (A) properly insured, and
(B) financially capable of covering any uninsured damage;
(iii) prior to the commencement of any work in or about the
Building by ASP, ASP shall agree in writing to abide by such rules and
regulations, job site rules, and such other requirements as are reasonably
determined by Landlord to be necessary to protect the interest of the Building
and the safety of its occupants;
(iv) Landlord reasonably determines that there is sufficient
space in the Building for the placement of all of ASP's equipment and materials,
including without limitation, in the electricity risers;
(v) ASP is, in Landlord's reasonable judgment, licensed and
reputable, as evidenced by documents reasonably satisfactory to Landlord;
(vi) ASP agrees, in a license agreement signed by Landlord and
ASP, to compensate Landlord in an amount reasonably determined by Landlord for
(A) space used in the Building for the storage and maintenance of ASP's
equipment ("ASP's Space"); and (B) all costs that may be incurred by Landlord in
arranging for access by ASP's personnel, security for ASP's equipment, and any
other such costs as Landlord may reasonably incur;
(vii) ASP and Tenant agree that Landlord shall have the right
to reasonably supervise ASP's performance of any work in or about the Building,
including, without limitation, any installations or repairs, and any expenses
incurred by Landlord in connection with such supervision shall be at the expense
of Tenant and/or ASP;
(viii) ASP agrees that Landlord shall have the right to enter
ASP's Space at any time in the event of an emergency and at all reasonable times
and upon reasonable notice for the purpose of (A) inspecting same; (B) making
repairs to ASP's Space and performing work therein as may be necessary, in
Landlord's judgment; or (C) exhibiting ASP's Space for purposes of sale, lease,
ground lease, or financing.
(c) Landlord's consent under this Section shall not be deemed to be
a warranty or representation by Landlord, including without limitation, as to
the suitability or competence of ASP.
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(d) Tenant acknowledges and agrees that all electricity services
obtained by Tenant from ASP shall be ordered and utilized at the sole expense of
Tenant.
(e) Tenant agrees that to the extent service by ASP is interrupted,
curtailed or discontinued for whatever reason, Landlord shall have no obligation
or liability with respect thereto.
(f) Tenant shall indemnify and hold harmless Landlord for all
losses, claims, demands, expenses, and judgments against Landlord caused by or
arising out of, either directly or indirectly, any acts or omissions by ASP.
(g) Notwithstanding any provision herein to the contrary, the
refusal of Landlord to consent to any prospective ASP shall not be deemed a
default or breach by Landlord of its obligations under this Lease.
(h) Landlord shall have the right at any time and from time to time
during the Term to require Tenant to contract for electricity service with a
different ASP or ASPs, provided the cost of such service shall not exceed the
cost of service then available to Tenant."
9. Insurance, Loss, Reimbursement, Liability.
The first sentence of Section 9.09 of the Lease is hereby amended by
inserting the following words before the period: "and (aa) a business income
(interruption) policy in an amount at least equal to one year's Fixed Rent and
additional rent then payable under this Lease or in such greater amounts as
landlords of similar properties in the Wall Street area of Manhattan shall from
time to time reasonably require."
10. Condemnation.
Article 14 of the Lease is hereby deleted in its entirety and the
following substituted therefor:
"14.01 In the event that the whole of the Building or the Demised Premises
or Landlord's leasehold interest in the Land shall be lawfully condemned or
taken in any manner for any public or quasi-public use, this Lease and the term
and estate hereby granted shall forthwith cease and terminate as of the date of
vesting of title. In the event that only a part of the Demised Premises shall be
so condemned or taken, then, effective as of the date of vesting
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of title, the Fixed Rent and additional rents shall be reduced by the amounts
allocable to the part of the Demised Premises so taken or condemned. In the
event that such portion of the Building or Landlord's leasehold interest in the
Land shall be so condemned or taken so that substantial structural alterations
or reconstruction of the Building shall be necessary as a result thereof, then
(a) (whether or not the Demised Premises be affected) Landlord may, at
Landlord's option, terminate this Lease and the term and estate hereby granted
as of the date of such vesting of title by notifying Tenant in writing of such
termination within sixty (60) days following the date on which Landlord shall
have received notice of vesting of title, or (b) if such condemnation or taking
shall be of a substantial part of the Demised Premises (30% or more) or of a
substantial part of the means of access thereto, Tenant may, at Tenant's option,
by delivery of notice in writing to Landlord within thirty (30) days following
the date on which Tenant shall have received notice of vesting of title,
terminate this Lease and the term and estate hereby granted as of the date of
vesting of title, or (c) if neither Landlord nor Tenant elects to terminate this
Lease, as aforesaid, this Lease shall be and remain unaffected by such
condemnation or taking, except that the Fixed Rent and additional rents shall be
abated to the extent hereinbefore provided in this Article 14.
14.02 In the event of termination of this Lease in any of the cases
hereinbefore provided, this Lease and the term and estate hereby granted shall
expire as of the date of such termination with the same effect as if that were
the Expiration Date, and the Fixed Rent and additional rent payable hereunder
shall be apportioned as of such date.
14.03 In the event of any condemnation or taking of all or a part of the
Building or Landlord's leasehold interest in the Land, Landlord shall be
entitled to receive the entire award in the condemnation proceeding, including
any award made for the value of the estate vested by this Lease in Tenant.
Tenant hereby expressly assigns to Landlord any and all right, title and
interest of Tenant now or hereafter arising in or to any such award or any part
thereof, and agrees that it shall not be entitled to receive any part of such
award; provided, however, that Tenant shall be entitled to make a separate claim
for its trade fixtures and moving expenses.
14.04 In the event of any taking of less than the whole of the Building
which does not result in a termination of this Lease, Landlord, at its expense,
shall proceed with reasonable diligence to repair, alter and restore the
remaining parts of the Building and the Demised Premises to substantially their
former condition to the extent that the same may be feasible and so as to
constitute a complete and tenantable Building and Demised Premises.
14.05 In the event any part of the Demised Premises be taken to effect
compliance with any law or requirement of public authority other than in the
manner hereinabove provided in this Article 14, then, (i) if such compliance is
the obligation of Tenant under this Lease, Tenant shall not be entitled to any
diminution or abatement of rent or other compensation from Landlord therefor,
but (ii) if such compliance is the obligation of Landlord under this Lease, the
Fixed Rent hereunder shall be reduced and additional rents shall be
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adjusted in the same manner as is provided in Section 14.01 hereof according to
the reduction in rentable square footage of the Demised Premises resulting from
such taking.
14.06 If the whole or any part of the Demised Premises (but not any other
portion of the Building or Landlord's leasehold interest in the Land) shall be
taken in condemnation proceedings or by any right of eminent domain for
temporary use or occupancy, the foregoing provisions of this Article 14 shall
not apply and Tenant shall continue to pay, in the manner and at the times
herein specified, the full amounts of Fixed Rent and all additional rent and
other charges payable by Tenant hereunder, and, except only to the extent that
Tenant may be prevented from so doing pursuant to the terms of the order of the
condemning authority, Tenant shall perform and observe all of the other terms,
covenants, conditions and obligations hereof upon the part of Tenant to be
performed and observed, as though such taking had not occurred. Tenant shall be
entitled to receive the entire amount of the condemnation proceeds (after
deducting Landlord's reasonable costs and expenses, if any, in obtaining same)
(the "Net Proceeds") made for such temporary taking, whether paid by way of
damages, rent or otherwise, unless such period of temporary use or occupancy
shall extend beyond the termination of this Lease, in which case the Net
Proceeds shall be apportioned between Landlord and Tenant upon receipt thereof
as of the date of termination of this Lease; provided, however, that the portion
of any award or payment allowed or retained for restoration of the Demised
Premises shall remain the property of Landlord if such period of temporary use
or occupancy shall extend beyond the expiration of the Term. Tenant shall, upon
expiration of any such period of temporary use or occupancy during the term of
this Lease, restore the Demised Premises, as nearly as may be reasonably
practicable, to the condition in which the same were immediately prior to such
taking. Any portion of the Net Proceeds actually received by Tenant as
compensation for the cost of restoration of the Demised Premises shall, if such
period of temporary use or occupancy shall extend beyond the expiration of the
Term, be paid to Landlord on the date of termination of this Lease to the extent
not theretofore disbursed by Tenant in connection with restoration of the
Demised Premises."
11. Cleaning Specifications.
Schedule E of the Lease is hereby deleted in its entirety and Exhibit C
attached hereto is substituted therefor.
12. Brokerage.
Each of Landlord and Tenant covenants, represents and warrants to the
other that it has had no dealings or negotiations with any broker or agent in
connection with the consummation of this Amendment other than Xxxxxx Xxxx
Properties LLC. In consideration of
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the foregoing, Tenant covenants and agrees to pay, hold harmless and indemnify
Landlord from and against, any and all cost, expense (including reasonable
attorneys' fees and court costs), loss and liability for any compensation,
commissions or charges claimed by any broker or agent, other than the broker
specifically set forth in this Section, with respect to this Amendment or the
negotiation thereof if such claim or claims by any such broker or agent are
based in whole or in part on dealings with Tenant or its representatives.
Landlord agrees to pay to the broker specified in this Section such
compensation, commissions or charges to which they are entitled pursuant to
separate agreement between said broker and Landlord.
13. Services. Anything in Section 21.01(a) of the Lease to the contrary
notwithstanding, Tenant acknowledges that air-conditioning is presently provided
to the Additional Premises by an air-conditioning unit which serves the entire
15th floor of the Building (the "Unit"). Landlord shall, at Landlord's expense,
furnish all such electric energy as is required to operate the Unit and shall
maintain such air-conditioning equipment in good order and repair (or replace
the same with comparable capacity) throughout the Term, subject to Force Majeure
Causes and the provisions of Section 21.01 of the Lease.
14. Security Deposit. (a) Supplementing the provisions of Section 40.01 of
the Lease, simultaneous with the execution of this Amendment, Tenant is
delivering its check, subject to collection, in the amount of $99,289.00, in
order to increase the cash security deposited under the Lease to $250,000.00.
(b) The following shall be added to the end of Article 40 of the
Lease as a new Section 40.06:
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"40.06 Anything hereinabove to the contrary notwithstanding, if no payment
of Fixed Rent or Additional Rent shall at any time theretofore have been made
more than 60 days after its due date, Tenant shall be permitted to reduce the
amount of the security required to be deposited hereunder by $50,000.00 on
January 1, 2002 and on each of the next three (3) one (1) year anniversaries of
such date, until the security deposited hereunder shall have been reduced to
$50,000.00; provided, however and notwithstanding anything to the contrary
contained herein, no reduction in such security shall be permitted unless on the
date of the reduction no default shall then exist and be continuing under this
Lease beyond any applicable period of notice and cure. If the security is in
cash, Landlord will pay to Tenant the amount of any applicable reduction within
fifteen (15) Business Days after Tenant's request therefor. If the security is
then held in the form of a letter of credit, Landlord will accept a letter of
credit in the reduced amount in exchange for the existing Security Letter, or,
at the sole cost and expense of Tenant, will accept an endorsement of the
Security Letter reducing the amount thereof to the reduced amount."
15. Option To Terminate. Article 42 of the Lease is hereby deleted in its
entirety and replaced by the following new Article 42:
"ARTICLE 42
RIGHT TO TERMINATE
42.01 Tenant shall have the right (the "Termination Right") effective as
of the five (5) year anniversary of the Rent Commencement Date (the "Early
Termination Date"), but not at any other time, to terminate this Lease upon the
terms and subject to the conditions set forth below, provided that (i) this
Lease shall be in full force and effect, (ii) K-2 Design, Inc. and/or its
Affiliates shall be in actual occupancy of the entire Demised Premises, and
(iii) Tenant is not in default in the payment of Fixed Rent or any additional
rent under this Lease or otherwise in default hereunder beyond any applicable
period of notice and/or cure, in all such cases both on the date that Tenant
delivers to Landlord written notice that it is electing to exercise the
Termination Right and on the Early Termination Date. If Tenant desires to
exercise the Termination Right, it may do so only by written notice to Landlord
(the "Termination Notice") given no later than the date which is 180 days prior
to the Early Termination Date, time being of the essence as to such date,
together with the payment to Landlord by check, subject to collection, of an
amount equal to One Hundred Sixty Thousand Dollars ($160,000.00) (the
"Termination Fee").
42.02 In the event Tenant exercises the Termination Right pursuant to this
Article 42, (i) this Lease shall terminate on the Early Termination Date, as if
such date were the Expiration Date, and (ii) Tenant shall vacate and surrender
the Demised Premises to Landlord on or before the Early Termination Date. The
Termination Notice, once given, shall
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be irrevocable. If Tenant shall fail to duly terminate this Lease when and as
required by the terms of this Article 42 and/or shall fail to include payment to
Landlord of the Termination Fee provided for above together with the Termination
Notice, or if Tenant's check for the Termination Fee shall be returned unpaid
due to lack of funds or otherwise, the Termination Right provided for in this
Article shall cease and expire and this Lease shall continue for the balance of
the Term hereof remaining."
16. Miscellaneous. (a) The third sentence of Section 4.03 shall be amended
so as to delete the number "$875.00", and by inserting in lieu thereof the
number "$3,208.33".
(b) The addresses to which copies of notices to Landlord shall be
sent under Article 31 of the Lease shall be changed to:
If to Landlord:
c/x Xxxxxx Hill Properties LLC
000 Xxxxx Xxxxxx, Xxxxxxxxx
Xxx Xxxx, Xxx Xxxx 00000
with a copy to:
Xxxxx X. Xxxxxx, Esq.
Xxxx, Weiss, Rifkind, Xxxxxxx & Xxxxxxxx
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, Xxx Xxxx 00000
(c) Tenant hereby represents and warrants to Landlord that: (i) it
has full right, power and authority to enter into this Amendment and that the
person or persons executing this Amendment on behalf of Tenant are authorized to
do so; (ii) the Lease (as amended by this Amendment) represents the entire
agreement between the parties with respect to the transaction contemplated
herein, and all prior written or oral agreements, understandings,
representations, warranties and statements are merged into this Amendment; (iii)
as of the date hereof, there are existing no defenses or offsets which Tenant
has against the
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enforcement of the Lease (as amended by this Amendment) by
Landlord and Tenant has no knowledge of any event which with the giving of
notice, the passage of time, or both, would constitute a default under the Lease
(as amended by this Amendment); and (iv) Tenant is not entitled to any offsets,
abatements, deductions or otherwise against the Fixed Rent or additional rent
payable under the Lease (as amended by this Amendment) from and after the date
hereof.
(d) Except as modified by this Amendment, the Lease and all
covenants, agreements, terms and conditions thereof shall remain in full force
and effect and are hereby in all respects ratified and confirmed.
(e) In the event of any conflict or inconsistency between the
provisions of the Lease and this Amendment, the provisions of this Amendment
shall prevail to the extent of such conflict or inconsistency.
(f) This Amendment shall not be deemed to be binding upon Landlord
until Landlord's execution and delivery of the same.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the day and year first written above.
"LANDLORD"
ASC-CSFB 30 BROAD, LLC
By: ASC-CSFB 88, LLC
By: ASC 88, LLC
By: Ascott & Smiles 88, Inc.
By: ______________________
Name: Xxxxx X. Xxxxxxx
Title: Vice President
"TENANT"
K-2 DESIGN, INC.
By: _________________________________
Name: Xxxx Xxxxx
Title: Chief Operating Officer
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EXHIBIT A
ADDITIONAL PREMISES
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EXHIBIT B
LOWER MANHATTAN REAL PROPERTY ABATEMENT
LOWER MANHATTAN REAL
PROPERTY ABATEMENT
Tenant agrees to pay (i) all costs and expenses to make the Application,
including but not limited to the filing fee, and (ii) all other fees regarding
the Abatement covering this Lease. Tenant agrees that Tenant, and not Landlord,
(i) shall pursue the Abatement in a reasonable manner and (ii) be responsible to
comply with all requirements ancillary to the Abatement, and in this regard,
Tenant, and not Landlord, is fully responsible to timely submit, and for the
accuracy of, the Application, all documentation ancillary to the Application
(e.g., lease abstract, statement of expenditures on improvements, statement of
number of employees), and all documentation ancillary to the Abatement (e.g.,
statement that requirements have been met, annual Certificate of Continuing Use,
notification of Tenant's vacating), and Tenant agrees to indemnify and hold
Landlord and Landlord's agents harmless from cost, loss, damage and liability
relating to the Abatement and the law covering the Abatement with respect to
this Lease, unless caused by Landlord's negligence or intentional misconduct.
Landlord's only obligation regarding the Abatement shall be to reasonably
cooperate with and respond in a timely manner to Tenant at no cost or expense to
Landlord, and Landlord shall not be required to join Tenant in executing the
Application and all ancillary documentation if doing so would result in any
cost, loss, damage or liability to Landlord for which Tenant has not agreed to
reimburse Landlord in writing or if Landlord has knowledge that the Application
and all ancillary documentation are not accurately completed. Tenant
acknowledges that (i) Landlord makes no representation that this Lease or the
Additional Premises covered by this Lease is eligible for the Abatement, (ii)
Landlord makes no representation that the Abatement covering this Lease, if any,
will be obtained (or once obtained that the Abatement will continue in effect),
and (iii) the effectiveness of this Lease and Tenant's obligation to pay all
basic annual rent, additional rent and other charges (collectively, the "Rent")
provided for under this Lease shall not be affected if the Abatement covering
this Lease is not obtained (or once obtained the Abatement does not continue in
effect). The Rent set forth in this Lease does not reflect the Abatement, and if
the Abatement covering this Lease is granted and is in effect then the amount
Landlord charges Tenant for Rent shall accurately reflect said Abatement.
However, if and to the extent Landlord is not required to pay real estate taxes
for any reason other than the Abatement, Landlord shall charge Tenant for Rent
without reflecting the Abatement. Landlord and Tenant acknowledge that an
expenditure of up to $35.00 per square foot of the Additional Premises (the
"Expenditure Minimum") must be timely made to the Additional Premises and/or the
common areas of the Building by Landlord and/or Tenant in order to qualify for
the Abatement; Landlord's acknowledgment set forth above in this sentence does
not require Landlord to (i) make any expenditure that Landlord has
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not otherwise agreed to make or (ii) consent to any improvements to be made by
Tenant to which Landlord is not otherwise required to consent, and Landlord
makes no representation that the Expenditure Minimum will be timely reached for
this Lease. The calculation of (i) the amount of the Abatement covering this
Lease, (ii) the Expenditure Minimum, and (iii) the square footage of the
Additional Premises for purposes of completing the Application and calculating
the Abatement covering this Lease only shall be calculated by applying (i) the
Department of Finance number for the square footage of the Building and (ii)
Tenant's Tax Share set forth in the Article of this Lease covering real estate
tax payments; Landlord and Tenant agree that the above-mentioned calculations
and square footages shall have no application except with regard to the
Abatement. Landlord and Tenant acknowledge that the Abatement covering this
Lease may be revoked if real estate taxes or water or sewer charges or other
lienable charges on the Building are unpaid for one (1) year (unless delinquent
amounts are paid as provided for in the law covering the Abatement). Tenant
agrees that Tenant is only entitled to the benefits of the Abatement so long as
Landlord's actual real estate tax payments are reduced to reflect the Abatement,
and therefore there shall be no reduction in Tenant's payment of Fixed Rent in
anticipation of the Abatement or for any reason other than the Abatement. The
additional rent due and payable under the Article of this Lease regarding real
estate tax payments is independent of and shall not be affected by or reflect
the Abatement.
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EXHIBIT C
CLEANING SPECIFICATIONS
I. GENERAL OFFICE AREAS
A. Nightly
1. All stone, ceramic, tile, marble, terrazzo and other unwaxed
flooring to be swept nightly, using approved dust-down
preparations; wash flooring weekly; scrubbed when necessary.
All unwaxed flooring used as corridors adjacent to the core shall
be cleaned and wet mopped nightly.
2. All linoleum, vinyl, rubber, asphalt tile and other similar types
of flooring (that may be waxed) to be swept nightly using approved
dust-down preparation. Waxing, if any, shall be done at Tenant's
expense.
Mop up and wash floors for spills, smears and foot tracks
throughout, including Tenant's space, as needed and wash floor in
general as required.
3. All carpeting and rugs to be carpet swept nightly and vacuum
cleaned weekly.
4. Hand dust with treated cloth and wipe clean all furniture,
fixtures, and radiator and window enclosures nightly.
5. Empty and clean all waste receptacles nightly and remove from the
Demised Premises wastepaper to designated areas.
6. Empty and clean all ash trays and screen all sand urns nightly.
7. Dust interior of all waste disposal cans and baskets nightly;
damp-dust as necessary.
8. Wash clean all water fountains and coolers nightly.
9. Dust all door and other ventilating louvers within reach; dust
wipe as necessary.
10. Dust all telephones nightly and wash monthly.
11. Keep locker and slop sink rooms in a neat and orderly condition at
all times.
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12. Wipe clean all brass, if necessary; and other bright work nightly.
13. Sweep all private staircases nightly.
14. Metal doors of all elevator cars to be properly cleaned.
15. Remove all gum and foreign matter on sight.
16. Clean all glass furniture tops.
17. Collect and remove wastepaper, cardboard boxes and waste material
to a designated area in the premises.
18. Dust and wash closet and coat room shelving, coat racks and
flooring.
B. Periodic Cleaning - (To be performed as needed unless otherwise specified
but not less than once each week or as hereinafter provided);
1. Polish all aluminum, chrome, stainless steel, brass and other
metal work, including trim and hardware, as necessary, using
non-acid polish.
2. Vacuum all furniture fabric and drapes not less than once a week.
3. Wash and remove all finger marks, ink stains, smudges, scuff marks
and other marks from metal partitions, xxxxx, all vertical
surfaces (doors, walls, window xxxxx) including elevator doors and
other surfaces, as necessary. Clean and sweep any vacant areas.
4. Dust and clean electric fixtures, all baseboards and other
fixtures or fittings as necessary, but not less than once each
quarter.
C. High Dusting
1. Do all high dusting every three (3) months, unless otherwise
specified, including, but not limited to, the following:
(a) Vacuum and dust all pictures, frames, charts, graphs and
similar wall hangings not reached in nightly cleaning.
Damp dust as required.
(b) Vacuum and dust all vertical surfaces such as walls,
partitions, doors, bucks, ventilating louvers, grills,
high moldings, and other surfaces not reached in nightly
cleaning.
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(c) Dust all overhead pipes, sprinklers, ventilating and air
conditioning louvers, ducts, high moldings and other high
areas not reached in nightly cleaning.
(d) Dust all Venetian blinds; wash annually. Dust all window
frames.
(e) Dust exterior and interior of lighting fixtures.
(f) Wash all furniture glass as needed.
(g) Vacuum and dust ceiling tiles around ventilators and clean
air conditioning diffusers as required.
II. ELEVATOR LOBBY AND PUBLIC CORRIDORS (MULTI-TENANT FLOORS)
A. Vacuum floors nightly and machine scrub or shampoo floors monthly.
Wax, buff, apply sealer and finishes as required.
B. Wipe down all metal surfaces in lobby nightly, and polish monthly.
C. High dust and wash if necessary all electrical and air
conditioning ceiling fixtures at least once per month.
D. Dust walls nightly and wash monthly.
E. Clean saddles daily and polish saddles monthly.
F. Clean cigarette urns, screen sand and supply sand as necessary.
G. Burned out lamps shall be replaced.
III. ELEVATORS
A. Clean saddles and frames on floors above lobby once per week and
vacuum dirt from door tracks nightly. Polish saddles monthly.
B. Dust elevator doors daily.
C. Clean floors twice daily and shampoo monthly.
IV. LAVATORIES IN BASE PROJECT
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A. Nightly
1. Scour, wash and disinfect all toilet seats (both sides),
basins, bowls, urinals and tile walls near urinals,
throughout.
2. Sweep and wash all lavatory floors using proper
disinfectants.
3. Wash and polish all mirrors, powder shelves, bright work
and enameled surfaces in all lavatories.
4. Hand dust and clean, washing where necessary, all
partitions, dispensers and receptacles in all lavatories
and rest rooms.
5. Service sanitary napkin dispensers.
6. Empty paper towel and sanitary napkin disposal receptacles
and remove paper to designated areas.
7. Fill all toilet tissue holders, soap dispensers, towel
dispensers and sanitary napkin vending dispensers.
8. Empty and clean sanitary disposal receptacles.
9. Clean and wash all receptacles and dispensers.
10. Remove finger and scuff marks from painted and/or vinyl
surfaces.
11. Clean all slop sinks on all floors nightly and keep in a
neat, orderly and clean condition at all times.
B. Periodic
1. Clean and wash all partitions once every week.
2. Scrub floors as necessary, but not less than once each
week.
3. Hand dust, clean and wash all tile walls and ceilings
including washable acoustical tile, once each week, more
if necessary.
4. High dusting shall be done once each month which will
include lights, walls and grills.
5. Wash all lighting fixtures monthly.
