HomeMy WebLinkAboutR-94-0161Seotion.
CITY coboussIox
MEETING OF.
MAR 2 4 1994
9 A"o3ution f A 1
S
A ,
® �r COMPANY RUUORi •.�,;,..�.'%/i//i/!///i/!i///]hill]/ .
MIAMI. CORAL GABLES, FT. LAUDERDALE, BOCA RATON, WEST PALM BEACH. FT. MYER& TAMPA ORLANDO. TALLAHASSEE, ATLANTA
STANDARD OFFICE BUILDING LEASE
LEASED 1. Subject to and upon the terms, provisions, covenants and conditions hereinafter stated, and each .
PREMISES in consideration of the duties, covenant, and obligations of the other hereunder, LANDLORD does hereby
lease, demise and let to TENANT, and TENANT does hereby lease, demise and let from LANDLORD those
Leased Premises as reflected on the floor plan attached hereto as Exhibit W and made a part hereof.
The Term Wet Rentable Area*, as used herein, shall refer to (i) a single tenancy floor, all space measured
from the inside surface of the outer glass of the Building to the inside surface of the opposite outer glass of the
Building, excluding only the areas ('Service Areas] within the outside walls used for building stairs, rue towers,
elevator shahs, flues, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific
use of the particular TENANT such as special stairs or elevators, and (6) a multi tenancy floor, all space with
the inside surface of the outer glass enclosing TENANT occupied portion of the floor and measured to the
midpoint of the walls separating areas leased by or held for lease to other TENANTS or from areas devoted
to corridors, elevator foyers, restrooms and other similar facilities for the use of all TENANTS on the particular
Door (hereinafter sometimes called *Common Areas] but including a proportionate part of the Common Areas.
No deductions from Net Rentable Areas are made for columns necessary to the Building. The Net
Rentable Areas in the leased Premises and in the Building have been calculated on the basis of the foregoing
definition and are hereby stipulated above as to the leased Premises whether the same should be more or less
as a result of minor variations resulting from actual construction and completion of the Leased Premises for:
occupancy so long as such work is done substantially in accordance with the approved plans.
TERM 2. This Lease shall be for the Term herein previously defined wiles sooner terminated or emended
as provided herein. if LANDLORD is unable to give possession of the Leased Premises on the date of the
commencement of the aforesaid Lease Term by reason of the holding over of any prior tenant r tenants or
for any other reason, an abatement or diminution of the rent to be paid hereunder shall be allowed TENANT
under such circumstances until possession is given to TENANT; but nothing herein shall operate to extend the
hudal Term of the lease beyond the agreed expiration date, and said abatement in rent shall be the full extent
of LANDLORD's liability to TENANT for any loss or damage to TENANT because of said delay in obtaining
possession of the Premises. There shall be no delay in the commencement of the Term of this Lease and/or
payment of rent where TENANT fails to occupy premises when same are ready for occupancy, or when
LANDLORD shall be delayed in substantially completing such Leased Premises as a result of -
a. TENANT's failure to promptly furnish working drawings and plans as required; or
b. TENANT's failure to approve cost estimates within one (1) week of receipt from LANDLORD;
• or
C. TENANT's failure to promptly select materials, finishes, or installation; or
d. TENANT's changes in plans (notwithstanding LANDLORD's approval of any such changes); or
C. Any other act of omission by TENANT or its agents, or failure to promptly make other decisions
necessary to the preparation of the Leased Premises for occupancy.
The commencement of the Term and the payment of rent shall not be affected, delayed or deferred on
account of any of the foregoing. For the purposes of this paragraph, the Leased Premises shall be deemed
substantially completed and ready for occupancy by TENANT when LANDLORD's supervising architect
certifies that the work required of LANDLORD , if any, has been substantially completed in accordance with
the approved plans and specifications.
Taking possession of the Leased Premises by TENANT shall be conclusive evidence as against TENANT
that the Leased Premises were in good and satisfactory condition, completed in accordance with the approved
plans, when possession was so taken. If TENANT, with LANDLORD's consent, shall occupy the Leased
Premises prior to the beginning of the Lease Term as specified hereinabove, all provisions of this Lease shall
be in full force and effect commencing upon such occupancy; and rent for such period shall be paid by
TENANT at the same rate herein specified.
BASE RENT 3. TENANT agrees to pay LANDLORD the'Base Rental without demand in advance, in monthly
installments on the fast day of each and every month during the Term. If the Term of the Lease commences
on any day of a month except for the first day, TENANT shall pay LANDLORD Base Rental as provided for
herein for such commencement month on a prorated basis (such proration to be based on the actual number
days in the commencement month); and the first month's rent paid by TENANT, if any, upon execution of this
Lease shall apply and be credited to the next full mouth's rent due hereunder. Base Rental for any partial
month of occupancy at the end of the Term of this Lease shall be prorated, such proration to be based on the
actual number of days in'the partial month.
94- 161
El
In addition to Base Rental, TENANT shall and hereby agrees to pay to LANDLORD each month a sum
equal to any sales tax, tax on rentals, and any other charges, taxes and/or impositions now in existence or
hereafter imposed based upon the privilege of renting the space leased hereunder or upon the amount of rentals'
collected therefor. However,nothing herein shall be taken to require TENANT to pay any part of any federal
and state taxes on income imposed upon LANDLORD.
TENANT shall be required to pay LANDLORD interest on any installment of Base Rental and additional
rent, as hereinafter provided, that remains unpaid for rive (S) days &her its due date. Said interest shall be
computed at the maximum legal rate from the due date.
ADDITIONAL 4A In the event that the cost to LANDLORD for the Operating Expenses of the Building, as
RENT hereinafter defined, during any calendar year of the Lease Term subsequent to the Base Year shall exceed the
cast to LANDLORD for the Operating Expenses of the Building during the Base Year, TENANT shall pay
• to LANDLORD as additional rent TENANT's Proportionate Share (as such term is hereinabove defined) of
the increase in such costs for each calendar year, if any. The amount of such additional rent, if any, shall be
determined in accordance with the following formula: Proportional Share multiplied by any increase in
Operating Expenses over the Operating Expenses of the Base Year equals additional rent due from TENANT
except that such additional rent shall be prorated for any partial calendar year following the commencement
of the Lease Term.
The term 'Operating Expenses' as used herein shall mean all expenses, costs and disbursements of every
kind and nature which LANDLORD shall pay or become obligated to pay because of or in connection with the
ownership, maintenance and/or operation of the Building, computed on the accrual basis, but shall not include
new capital improvements. By way of explanation and clarification, these Operating Expenses shall include,
without limitation, the following:
1. Wages and salaries of all employees engaged in operation and maintenance of the Building,
employer's social security taxes, unemployment taxes or insurance, and any other taxes which may be levied
on such wages and salaries, the cost of disability and hospitalization insurance, pension or retirement
benefits, or any other fringe benefits for such employees.
2. All supplies and materials used in operation and maintenance of the Building.
3. Cost of all utilities including water, sewer, electricity; gas and fuel used by the Building and not
charged directly to another tenant.
4. Cost of customary building management, janitorial services, trash and garbage removal, guard
service, painting, window cleaning, landscaping and gardening, servicing and maintenance of all systems and
equipment, including but limited to, elevators, plumbing, heating, air conditioning, ventilating, lighting,
electrical, security and fire alarms, fire pumps, fire extinguishers and hose repair, cabinets, mail chutes, and
staging; and damage caused by fire or other casualty not otherwise recovered including the deductibles
applicable to any insurance policies.
5. Cost of insurance for property, loss of rents, casualty and other liability applicable to the Building
and LANDLORD's persopal property used in connection therewith.
6. The amortized cost of any capital improvement which reduces the Operating Expenses.
In the event the Operating Expenses in any year after the Base Year are reduced because of a capital
improvement, then the Operating Expenses for the Base Year shall be reduced accordingly for the purpose of
determining additional rent as though such improvement or automation was in effect during the Base Year.
LANDLORD shall notify TENANT after the end of the Base Year and each calendar year thereafter during
the Term hereof, of the amount which LANDLORD estimates (as evidenced by budgets prepared by or on
behalf of LANDLORD) shall be the amount of TENANT's Proportionate Share of increases in Operating
Expenses for the then current calendar year and TENANT shall pay such sum in advance to LANDLORD in
equal monthly installments, during the balance of said calendar year, commencing on the first day of the first
! month following TENANT's receipt of such notification. Following the end of each calendar year after the Base
` Year, LANDLORD shall submit to TENANT a statement showing the actual amount which should have been
I paid by TENANT with respect to increases in Operating Expenses for the past calendar year, the amount
I thereof actually paid during that year by TENANT and the amount of the resulting balance due thereon, or
I overpayment thereof, as the case may be. Within thirty (30) days after receipt by TENANT of said statement,
TENANT shall have the right in person to inspect LANDLORD's books and records showing the Operating
Expenses for the Building for the calendar year covered by said statement. Said statement shall become final
and conclusive between the parties, their successors and assigns as to the matters set forth therein unless
i LANDLORD receives written objections with respect thereto within said thirty (30) days of TENANT'S receipt
of said statement, Any balance shown to be due pursuant to said statement shall be paid by TENANT to
LANDLORD within thirty (30) days following TENANT's receipt thereof and any overpayment shall be
immediately credited against TENANT's obligation to pay expected additional rent in connection ' with
anticipated increases in Operating Expenses or, if by reason of any termination of the Lease no such future
1
pLW\p` 032M OFF.NEW.LGL
94- 161
t `
obligation exists, refunded to TENANT. Anything herein to the contrary notwithstanding, TENANT shall not
PLW\p% 03279-2OtF•NEW1GL
obligation exists, refunded to TENANT. Anything herein to the contrary notwithstanding, TENANT shall not
delay or withhold payment of any balance shown to be due pursuant to a statement rendered by LANDLORD
to TENANT, pursuant to the terms hereof, because of any objection which TENANT may rain with respect
thereto. LANDLORD shall immediately credit any overpayment found to be owing to TENANT against
TENANT's Proportionate Share of increases in Operating Expenses for the then current calendar year (and
future calendar years, if necessary) upon the resolution of said objection or, if at the time of the resolution of
said objection the Lease Term has expired, immediately refund to TENANT any overpayment found to be
owing to TENANT. LANDLORD agrees to maintain accounting books and records reflecting Operating
Expenses of the Building in accordance with generally accepted accounting principles.
Additional rent, due by reason of the provisions of this Subparagraph 4A for the final month of this Lease, is
due and payable even though it may not be calettlated until subsequent to the termination date of the Lease;
the Operating Expenses for the calendar year during whiclf the Lease terminates.shall be prorated according
to that portion of acid calendar year that this Lease was actually in effect. TE14ANT expressly agrees that
LANDLORD, at LANDLORD's sole discretion, may apply the Security Deposit specified in Paragraph 7
hereof, if any, in full or partial satisfaction of any additional rent due for the final months of this Lease by
reason of the provisions of this Subparagraph 4A. If said security deposit is greater than the amount of any
such additional rent, and there are no other sums or amount owed LANDLORD by TENANT by reason of
any other terms, provisions, covenants or conditions of this Lease, then LANDLORD shall refund the balance
of said Security Deposit to TENANT as provided in Paragraph 7 hereof. Nothing herein contained shall be
construed to relieve TENANT, or imply that TENANT is relieved of the liability for or the obligation to pay,
any additional rent due for the final months of this Lease by reason of the provisions of this Paragraph 4A if
said Security Deposit is less than such additional rent; nor shall LANDLORD be required to first apply said
Security Deposit to such additional rent if there are any other sums or amounts owed LANDLORD by
TENANT by reason of any other terms, provisions, covenants or conditions of this Lease. If in any calendar
year, the increase in Operating Expenses is negative, no additional rental it to be charged, but additional rent
shall nevertheless be collected at the Base Year's rate.
4B. In the event that 'Impositions' (as such term is hereinafter defined) against the Building and/or the
land on which it is located are increased during any calendar year of the Lease Term subsequent to the Base
Year over the amount of said Impositions during the Base Year, then TENANT shall pay to LANDLORD, as
additional rent, TENANT's Proportionate Share of the increases over the Base Year in such Impositions for
each calendar year, if any.
The term 'position' as usid herein shall mean all Impositions, tax assessments (special or otherwise),
water and sewer assessments and other governmental liens or charges of any and every kind, nature and sort
whatsoever, ordinary and extraordinary, foreseen and unforeseen, and substitutes therefore, including all taxes
whatsoever (except only those taxes of the following categories: any inheritance, estate, succession, transfer of
gift taxes imposed upon LANDLORD or any income taxes specifically payable by LANDLORD as a separate
tax paying entity without regard to LANDLORD's income sources arising from or out of the Building and/or
the land on which it is located) attributable in any manner to the Building, the land on which the Building is
located or the rents,(however the term may be defined) receivable therefrom, or any part thereof, or any use
thereon, or any facility located therein or used in conjunction therewith or any charge of other payment required
to be paid to any governmental authority, whether or not any of the foregoing shall be designated 'real estate
tax", 'sales tax', 'rental tax", *excise tax", business tax', or designated in any other manner.
LANDLORD shall notify TENANT, after the end of the Base Year and each calendar year thereafter, of
the amount which IANDLORD estimates (as evidenced by budgets prepared by or on behalf of LANDLORD)
shall be theamounl of TENANT's Proportionate Share of increases in Impositions. for the then current
calendar year; and TENANT shall pay such sum to LANDLORD in equal monthly installments during the
balance of said calendar year, in advance on the first day of each month commencing on the first day of the first
month following TENANT's receipt of such notification. Following the date on which LANDLORD receives
a tax bill or statement showing what the actual Impositions are with respect to each calendar year, LANDLORD .
shall submit to TENANT a statement, together with a copy of said bill or statement, showing the actual amount
to be paid by TENANT in the year in question with respect to increases in Impositions for such year, the
amount thereof theretofore paid by TENANT and the amount of the resulting balance due thereon, or
overpayment thereof, as the case may be. Any balance shown to be due pursuant to said statement shall be
spread over the remaining months of the year and be paid by TENANT to LANDLORD or if after the close
of the calendar year within ten (10) days following TENANT's receipt thereof and any overpayment shall be
immediately credited against TENANT's obligation to pay such additional rent in connection with increased
Impositions in later years, or, if no such future obligation exists, be immediately refunded to TENANT.
Additional rent, due by reason of the provisions of this Subparagraph 4B for tie final months of this Lease,
shall be payable even though the amount thereof is not determinable until subsequent to the termination of the
Lease; the Impositions for the calendar year during which the Lease terminates shall be prorated according to
that portion of said calendar year that this Lease was actually in effect. TENANT expressly agrees that
LANDLORD at LANDLORD's sole discretion, may apply the Security Deposit speed in Paragraph 7 hereof,
if any, in full or partial satisfaction of any additional rent due for the final months of this Lease by reason of
the provisions of this Paragraph 4B. If said Security Deposit is greater than the amount of such additional rent
and there are no other sbms or amounts owed LANDLORD by TENANT by reason of any other terms,
PLW\pt 032M OFF-MW.LGL
94- 161
provisions, covenants or conditions of this Lease, then LANDLORD shall refund the balance of said Security
Deposit to TENANT as provided in Paragraph 7 hereof. Nothing herein c�ootaiaed sbail be construed to relieve
TENANT, or imply that TENANT is relieved of the liability for or the obligation to pay any additional rent due
for the final months of this Lease by reason of the provisions of this Paragraph 4B if said Security Deposit is
less than such additional rent; nor shall LANDLORD be required to first apply said Security Deposit to such
additional rent If there are any other sums or amounts owed LANDLORD by TENANT by reason of any of
the terms, provisions, covenants, or conditions of this Lease. If in any calendar year the increase in Impositions
is negative, no additional rent is to be charged; but rent shall be collected at the Base Year's rate and adjusted
thereafter.
4C. It is the intention of the parties hereto to provide that TENANT shall pay in advance of thew due
date TENANT's Proportionate Share of increases In Operating Expenses and Impositions and to share in
reduction only by category to the end that an increase in Operating Expenses shall not be offset by a decrease
in Impositions and via versa. In no event shall the Base Rental be reduced by reason of decreases in
Operating Expenses and/or Impositions. This Paragraph shall survive the termination of the Lease.
COST OF
LIVING Term of this Lease, the annual Base Rental shall be adjusted, in accordance with the changes In the Cons er
INCREASE Price Index (hereinafter called the Trice Index*). The Price Index shall mean the average for 'all item shown
on :he U.S. City Average for Urban Wage Earners and Clerical Workers (including Single Worker , all items,
grcaps, subgroups and special groups of items, as promulgated by the Bureau of Labor Stat' ' of the U.S.
Department of Labor, using the year 1967 as a base of 100. The annual Base Rental s be adjusted in
accordance with the following provisions:
(A) The Price Index for the month three months prior to the lust won of the fast lease year shall '
be designated the Base Price Index;
(B) The Price Index for the month three months prior to the t month of the second and subsequent
lease years shall be designated the Comparison Price Index.
(C) Promptly after the end of the fast lease year d at the end of each lease year thereafter, the
annual Base Rental shall be adjusted to the amount c puted by multiplying the annual Base Rental by the
fraction which has a numerator of the most recent omparison Price Index, and has a denominator of Base
Price Index Written as an equation, this comp don is as follows
Annual Base Rental X rison Price Index
Base Price Index
(D) No such adjustment reduce the annual Base Rental below such rental for the prior year. In
the event of an adjustment in annual Base Rental, TENANT shall pay LANDLORD within ten (10) days
of receiving such notice the dhional Base Rental owed for the months which have elapsed in the then current
lease year.
In the event at the Prim Index hereinabove referred to ceases to incorporate a significant number of the
items curren set forth therein, or if a substantial change is made in the method of establishing such Price
Index, th he Price Index shall be adjusted to the figure that would have resulted had no change occurred in
the m er of computing such Price In
In the event such Price Index (or a successor or suitable index)
is available, a reliable governmental or other nonpartisan publication evaluating the information theretofore
TIME OF 6. TENANT agrees that TENANT shall promptly pay said rents (Base Rental as the same way be
PAYMENT/ adjusted from time to time pursuant to Paragraph 5 and additional rent), at the time and place stated above;
ACCELER- TENANT shall also pay charges for work performed on order of TENANT, and any other charges that accrue
ATION UPON under this Lease; that, if any part of the rent or above mentioned charges shall remain due and unpaid for the
DEFAULT seven (7) days after written notice from LANDLORD to TENANT, LANDLORD shall have the option, without
further notice to TENANT, (in addition to all other rights and remedies available to it by law and in equity)
of evicting TENANT and simultaneously accelerating and declaring the balance of the entire rent for the entire
Term of the Lease to be immediately due and payable. In the event of such acceleration upon default is
payment, TENANT shall remain liable for all expenses incurred by LANDLORD and the full balance due on
tho.Lease • subject only to credit for rent received on reletting of premises and LANDLORD may lease by
distress or otherwise.
SECURITY 7. The Security Deposit shall be retained by LANDLORD as security for the payment by TENANT
DEPOSIT of the rents and all other payments herein agreed to be paid by TENANT and for the faithful performance by
TENANT of the terms, provisions, covenant and conditions of this Lease. It is agreed that LANDLORD, at
LANDLORD's option may, at the time of any default by TENANT under any of the terms, provisions,
covenants or conditions of the Lease, apply said sum or any part thereof toward the payment of the rents and
all other sums payable by TENANT under this Lease, and towards the performance of and every one of
TENANT's covenants under this Lease, but such covenants and TENANT's liability under this Lease shall
thereby be discharged only pro tanto that TENANT shall remain liable for any amounts that such sum shall
be insufficient to pay; that LANDLORD may exhaust any and all rights and remedies against TENANT before
?Mph 032792 CFF•NEW.LGL V M
resorting to said sum, but nothing bcrein contained shall require or be deemed to require LANDLORD so to
—A A— tnri..Lnnr�r
N
PLW\p{ 032792 OFF•NEW.LGL
resorting to said sum, but nothing herein contained shall require or be deemed to require LANDLORD to to
do; that, in the event this deposit shall not be utilized for any such purposes, then such deposit shall be returned
by LANDLORD to TENANT within ten (10) days next after the expiration of the Term of this Lease or the
determination and payment of the amount due under Paragraph 4 of this Lease, if any, whichever later occurs.
LANDLORD shall not be required to pay TENANT any interest on said Security Deposit.'
USE 8. TENANT shall use and occupy the Leased Premises for the use or purpose as herein
before stated
and for no other use or purpose.
QUIET 9. Upon payment by TENANT of the rents herein provided, and upon the observance and
ENJOYMENT performance of all terms, provisions, covenants and conditions on TENANT's part to be observed and
performed, TENANT shall, subject to all of the terms, provisions, covenants and conditions of this Lease,
peaceably and quietly hold and enjoy the Leased Premises for the Term hereby demised.
INSURANCE 10. If the LANDLORD's insurance premiums exceed the standard premium rates because the nature
PREMIUMS of TENANT's operations results in extra hazardous exposure, then TENANT shall, upon receipt of appropriate
invoices from LANDLORD, reimburse LANDLORD for such increase, in premiums. it is understood and
agreed between the parties hereto that any such increase in premiums shall be considered as rem due and shall
be included in any Gen for rent.
RULES AND 11. TENANT agrees to comply with all rules and regulations LANDLORD may adopt from time to
REGULA- time for operation of the Building and parking facilities and for the protection and welfare of Building and
TIONS parking facilities, and the tenants, visitors and occupants of the Building. The present rules and regulations,
which TENANT hereby agrees to comply with, entitled 'Rules and Regulations' are attached hereto and are
by this reference incorporated herein. Any future rules and regulations adopted from time to time by
LANDLORD shall become a part of the Lease, and TENANT hereby agrees to comply with the same upon
delivery of a copy thereof to TENANT providing the same do not materially deprive TENANT of its rights
established under this Lease.
GOVERN- 12. TENANT, at TENANT's sole expense, shall comply with all laws, rules, orders, ordinances,
MENTAL directions, regulations and requirements of federal, state, county and municipal authorities pertaining to
REQUIRE. TENANT's use of the Premises and with the recorded covenants, ccndidons and restrictions, regardless of when
MENTS they become effective, including, without limitation, all applicable federal, state and local laws, regulations or
ordinances pertaining to air and water quality, Hazardous Materials (as hereinafter defined), waste disposal,
air emissions and other environmental matters, all zoning and other land use matters, utility availability, and
with any duty imposed upon LANDLORD or TENANT with respect to the use or occupation of the Premises.
SERVICES 13. LANDLORD shall furnish the following services to TENANT:
(A) Cleaning services, deemed by LANDLORD to be normal and usual in a comparable building, on
Monday through Friday, except that shampooing of carpet as required by TENANT shall be at TENANT's
expense.
(B) Automatically operated elevator service, public stairs, electrical current for lighting, incidentals, and
normal office use, and water at those points of supply provided for general use of its tenants at all times and
on all days throughout the year.
(C) Heat and air conditioning on Monday through Friday from 8:36 A.M. to 5:00 P.M. except Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day. LANDLORD shall
also furnish beat and air conditioning at such other times as are not provided for herein, provided TENANT
gives written request to LANDLORD before 2:00 P.M. on the business day preceding the extra usage and if
TENANT requires beat and air conditioning during such hours, TENANT shall be billed for such service at
the rate hereinbefore stated and said rate may be changed with thirty (30) days prior written notice.
No electric current shall be used except that furnished or approved by LANDLORD, nor shall electric cable
or wire be brought into the Leased Premises, except upon the written consent and approval of LANDLORD.
TENANT shall use only office machines and equipment that operate on the Building's standard electric circuits,
but which in no event shall overload the Building's standard electric circuits from which TENANT obtains
electric current. Any consumption of electric current in excess of that considered by LANDLORD to be used,
normal and customary for all tenants, or which require special circuits or equipment (the installation of which
shall be at TENANT's expense after approval in writing by LANDLORD), shall be paid for by TENANT as
additional rent paid to, LANDLORD in an amount to be determined by LANDLORD based upon
LANDLORD's estimaied cost of such excess electric current consumption or baud upon the actual cost thereof
if such excess electric current consumption is separately metered.
Such services shall be provided as long as TENANT is not in default under any of the terms, provision,
covenants, and conditions of this Lease, subject to interruption caused by repairs, renewals, improvements,
changes to service, alterations, strikes, lock outs, labor controversies, inability to obtain fuel or power, accidents,
breakdowns, catastrophes, national or local emergencies, acts of God and conditions and causes beyond the
control of LANDLORD, and upon such happening, no claim for damages or abatement of rent for failure to
PLW\ps 032M OFF•NEW.LGI.
®4- 161El
furnish any such services shall be made by TENANT or allowed by LANDLORD.
TENANT 14, it is understood and agreed between the parties hereto that any charges against TENANT b
CHARGES LANDLORD for services or for work done on the Leased Premises by order of TENANT, or otherwise
accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent.
REPAIR OF 15. LANDLORD shall maintain in good order and repair the Building (excluding repairs to be made
BUILDING by TENANT), including without limitation public areas, the parking areas, landscape areas, elevators, stairs; i
AND corridors, restrooms, the base building beat, ventilating, air conditioning, mechanical, plumbing, and electrical
PREMISES systems, and the structure itself, including the roof, foundations, exterior wails, and glass exterior surfaces'of
the Premises and the Building, all structural members of the $uilding and all underground utility lines serving
the Building. Provided, however, the cost of any repairs or maintenance to the foregoing necessitated by the ;
gross negligence of TENANT or its agents, contractors or employees shall be reimbursed by TENANT to
LANDLORD upon demand as additional rent.
At its sole cost, TENANT shall maintain in good repair and tenable condition, subject to normal wear, tear,
casualty and condemnation, that portion of the Premises within the demising walls thereof, including any wall
coverings and paint on the interior side of the demising walls, below the ceding slab and above the floor slab,
any tile, carpet or other floor covering installed thereon, and including any systems or other equipment below
the floor or above the ceiling file that was installed for TENANT. TENANT's maintenance obligation shall
extend to all tenant improvements and contents within the Premises. TENANT shall not be obligated to repair
damage resulting from the gross negligence of LANDLORD or its agents, contractors, or employees.
TENANT shall make no structural alterations or structural additions of any kind to the interior of the
Premises without first obtaining LANDLORD's written consent. TENANT, at its sole cost, may make "non
structural alterations or non-structural additions within the Premises subject to the following conditions:
a. TENANT shall give LANDLORD prior written notice of its intention to make alterations,
additions, or repairs.
b. LANDLORD reserves the right to approve the plans and specifications for such alterations and
additions, such approval shall not be unreasonably withheld or delayed
C. TENANT shall only use contractors who are approved by LANDLORD, and such contractors shall
be required to furnish evidence of insurance coverages, including Public Liability, Workers Compensation, and
Automobile Liability coverages, as well as any other coverages required by LANDLORD. The limits of such
coverage shall be no less than those required of TENANT. TENANT shall cause such work to be performed
in accordance with all applicable building codes add other governmental regulations to be completed and paid
and shall discharge any and all liens or claims of lien arising therefrom, or if TENANT disputes any such lien
or claim of lien, TENANT may post a bond to remove the lien from the Premises in accordance with local
statute. All such work, including addition, fixtures, and improvements (but excluding movable office furniture
and equipment and other personal property of TENANT) made or placed in or upon the Premises by either
TENANT or LANDLORD shall be and become LANDLORD's property upon installation all without
compensation to TENANT.
MECHANIC 16. TENANT further agrees that TENANT shall pay all liens of contractors, subcontractors, mechanics,
LIENS laborers, materialmen, and other items of like character, and shall indemnify LANDLORD against all expenses,
costs, and charges, including bond premiums for release of liens and attorney's fees and costs reasonably
incurred in and about the defense of any suit in discharging the said Premises or any part thereof from any
liens, judgements, or encumbrances caused or suffered by TENANT. In the event any such lien shall be made
or filed, TENANT shall bond against or discharge the same within ten (10) days after the same has been made
or filed. It is understood and agreed between the parties hereto that the expenses, costs and charges above
referred to shall be considered as rent due and shall be included in any lien for rent.
TENANT shall not have any authority to create any liens for labor or materials on LANDLORD's interest
in the Leased Premises, and TENANT shall place all persons contracting with TENANT for the destruction
or removal of any facilities or other improvements or for the erection, Installation, alteration, or repair of any
facilities or other improvements on or about the -Leased Premises, and all materialmen, contractors,
sutt;ontractors, mechanics, and laborers on notice that they must look only to TENANT and to TENANT's
interest in the Leased Premises to secure the payment of any bill for work done or material furnished at the
request or instruction of TENANT.
PARKING 17, Pursuant to all of the terms, provisions, covenants and conditions contained herein, for the Term
of this Lease, TENANT hereby leases from LANDLORD that numbers of parking spaces specified herein in.
the Building parking areas at the prevailing monthly contract parking rate for said Building parking areas. Such
rate is subject to change at any time on thirty (30) days prior notice, written or oral, to TENANT and is payable
- in advance - on the first day of each month throughout the Term of this Lease. Parking space rental due
hereunder shall be deemed additional rent, payable in the same manner as rent set forth in Paragraph 3 hereof
and shall be subject to all the terms, provisions, conditions and covenants of this Lease pertaining to the default
in the payment of rental. In the event of an increase in monthly parking rates, TENANT shall have the right
PLW1p/ 032M OFF.NEW.LGL
Via_ 161
to cancel any or all of its parking spaces herein leased upon thirty (30) days written notice to LANDLORD.
Wnm4ihcianr4inn 0— fnr.nninn 11. nntiro- ronl4rod nnrcw4nf to 011c narntwnh shell h. A.. -.A ..:,, V. L,
PLW\pg 032M OFF•NEW.LOL
to cancel any or all or its parking spaces herein leased upon thirty (30) days written notice to LANDLORD
Notwithstanding the foregoing, the notice required pursuant to this paragraph shall be deemed given by the
posting of new rates in conspicuous places in the parking areas.
TENANT agrees to hold LANDLORD harmless for damage to the vehicles or personal property is vehicles
that may occur while the vehicles are parked in the parking areas of the Building.
i
i
ESTOPPEL 18. TENANT agrees that from time to time, upon not less than ten (10) days prior request by
AGREEMENT LANDLORD, TENANT shall deliver to LANDLORD a statement in writing certifying (a) that this Lease is
unmodified and in full force and effect (or, if there have been modifications, that the Lease as that,
is In
full force and of%d and stating the modifications); (b) the dates to which the rent and other charges have been
paid; and (c) that LANDLORD is not in default under any provisions of this Lease, or, if in default, the nature
thereof in detail.
SUBORDI- 19. If the Building and/or Leased Premises are any time subject to a mortgage and/or deed of trust,
NATION and TENANT has received written notice from mortgagee of same, then in any instance in which TENANT j
gives notice to LANDLORD alleging default by LANDLORD hereunder, TENANT shall also simultaneously
give a copy of such notice to each LANDLORD's mortgagee; and each LANDLORD's mortgagee shall have
the right (but not the obligation) to cure or remedy such default during the period that is permitted to
LANDLORD hereunder, plus an additional period of thirty(30) days, and TENANT shall accept such curative
or remedial action (if any) taken by LANDLORD's mortgagee with the same effect as if such action had been
taken by LANDLORD.
This Lease shall at LANDLORD's option, which option may be exercised at any time during the Lease
Term, be subject and subordinate to any mortgage now or hereafter encumbering the Building. This provision
shall be self -operative without the execution of any further instruments. Notwithstanding the foregoing,
however, TENANT hereby agrees to execute any instruments which LANDLORD may deem desirable to
evidence the subordination of this Lease to any and all such mortgages. Failure to execute a subordination
agreement within 10 days after request from LANDLORD shall be deemed a default hereunder.
ATTORN- 20. If the interest of LANDLORD under this Lease shall be transferred voluntarily or by reason of
MENT foreclosure or other proceedings for enforcement of any mortgage on the Leased Fremises, TENANT shall be
bound to such transferee (herein sometimes called the 'Purchaser) for the balance of the Term hereof
remaining, and any extensions br renewals thereof which may be effective in accordance with the terms and
provisions hereof with the same force and effect as if the Purchaser were LANDLORD under this Lease, and
TENANT does hereby agree to attorn to the Purchaser, including the mortgagee under any such mortgage if
it be the Purchaser, as its said attornment to be effective and self -operative without the execution of any further
instruments upon the Purchaser succeeding to the interest of the this Lease. The respective rights and
obligations of TENANT and the Purchaser upon such attoroment, to the extent of the then remaining balance
of the Term of this Lease and any such extensions and renewals, shall be and are the same as those set forth
herein. In the event of such transfer of LANDLORD's interests, LANDLORD shall be released and relieved
from all liability and responsibility therea@er accruing to TENANT under Lease or otherwise and
LANDLORD's successor by acceptance of rent from TENANT hereunder shall become liable and responsible
to TENANT in respect to all obligations of LANDLORD under this Lease thereafter accruing.
ASSIGNMENT 21. Without the written consent of LANDLORD first obtained in each case, Which consent may be
granted or withheld at LANDLORD's sole discretion, TENANT shall not, voluntarily or involuntarily, whether
by operation of law or otherwise, assign, transfer, mortgage, pledge or otherwise encumber or dispose of this
Lease or underlet the Leased Premises or any part thereof or permit the Leased Premises or any part thereof
to be occupied by other persons.
In lieu of consenting or not consenting, LANDLORD may, at its option, (i) in the case 'of a proposed
assignment of this Lease or a proposed subletting of all of the Leased Premises, terminate this Lease in its
entirety, or (u) in the case of a proposed subletting of a portion of the Leased Premises, terminate this Lease
as to that portion of the Premises which TENANT has proposed to sublet. In the event LANDLORD elects
to terminate this Lease pursuant to clause (u) of this paragraph, TENANT's obligation as to Base Rental and
additional rent shall be reduced in the same proportion that the Net Rentable Area of the portion of the
Premises which TENANT proposed to sublet bears to the total Net Rentable Area of the Premises. If this
Lease is assigned or if the Leased Premises or any put thereof is underlet or occupied by anybody other than
TENANT, voluntarily or involuntarily, whether by operation of law or otherwise, LANDLORD may, after
default by TENANT under this Lease in the case of a sublease and at any time (whether or not TENANT is
in default under this Lease) in the case of an assignment, collect or accept rent from the assignee, undertenant
or occupant and apply the net amount collected or accepted to the rent herein reserved; but such collection or
acceptance shall not be deemed a waiver of the foregoing covenant or the acceptance of the assignee,
undertenant or occupant as TENANT hereunder; not shall it be construed as or implied to be a release of
TENANT from the further observance and performance by TENANT of the terms, provisions, covenants and
conditions herein contained.
In the event TENANT is a partnership, corporation or other firm or entity, any transfer of more than fifty
percent (50%) of the right, title or interest herein, existing as of the date hereof, shall, for the purposes hereof,
PLW\pg 032792 OFF•NEW.LOL
94- 161 e
SUCCESSORS
AND
ASSIGNS
HOLD
HARMLESS
OF LANDLORD
be deemed to be an assignment. Fifty percent (SORE) of any sums or other economic considerations received
by TENANT as a result of a subletting, whether denominated rentals under the sublease or otherwise, which
exceed, In the aggregate, the total sums which TENANT is obligated to, pay LANDLORD under this Lease
(prorated to reflect obligations applicable to that portion of the leased Premises subject to such sublease) shall
be payable to LANDLORD, immediately following TENANT's receipt of the same, under this Lease without
affecting or reducing any other obligations of TENANT hereunder and shall constitute additional rent. Filly
percent (50%) of any sums or other economic considerations received by TENANT as a result of an assignment
of this lease, whether denominated rentals under the assignment or otherwise, shall be payable to
LANDLORD, immediately following TENANT's receipt of the same under this Lease without affecting or
reducing any other obligations of TENANT hereunder and shall constitute additional rent.
22. All terms, provisions, covenants and conditions to be observed and performed by TENANT shall
be applicable to and binding upon TENANT's respective heirs, administrators, executors, successors and assigns
- subject, however, to the restrictions as to assignment or subletting by TENANT as provided therein. All
expressed covenants of this Lease shall be deemed to be covenants running with the land.
23. TENANT agrees to indemnify and hold harmless LANDLORD against all claims or damages to
persons or property by reason of the use or occupancy of the Leased Premises by TENANT,. its agents,
contractors or employees or invitees and to pay all expenses incurred by LANDLORD in connection therewith
including attorney's fees and court costs.
LANDLORD shall not be liable to TENANT or to any person, firm, corporation, or other business
association claiming by, through or under TENANT, for failure to filmish or for delay in furnishing any services
provided for in this Lease and no such failure or delay by LANDLORD shall be an actual or constructive
eviction of TENANT nor shall any such failure or delay operate.or relieve TENANT from the prompt and
punctual performance of each and all of the covenants to be performed herein by TENANT; nor from any
defects in the Premises or Building; or from defects in the cooling, heating, electric, water, elevator or other
applicable apparatus or systems or water discharge from sprinkler systems in the Building; nor for theft,
mysterious disappearance or loss of any property of TENANT, water from the premises or any part of the
Building
Tenant shall at all times maintain the following insurance coverages and amounts: .
(I) Commercial Geneial Liability Insurance, including Contractual Liability coverage, relating to the
Leased Premises and its appurtenances on an occurrence basis with a minimum limit of at least S1,000,000 per
occurrence, $1,000,000 aggregate, including Personal Injury and Products/Completed Operations. In addition
before undertaking any alterations, additions, improvements, construction or occupancy, TENANT shall obtain
public liability insurance and name LANDLORD and LANDLORD's property manager as additional insured
insuring TENANT and LANDLORD (and its designees) against any liability which may arise on account of.
such proposed alterations, additions, improvements or construction on an occurrence basis with a minimum
single limit of at least $1,000,000.
(ii) On an 'all risk' basis including but not limited to fire and lightning, euended coverage (all risk of
physical loss), vandalism and malicious mischief and flood (if required by LANDLORD, any mortgagee or
governmental authority and if obtainable) Insurance in an amount adequate to cover the full replacement cost
of TENANT's personal property, the property of others in the care, custody or control of TENANT, and any
improvements and betterments installed by TENANT. TENANT waives any and all right of recovery against
LANDLORD for damage to the aforementioned property and agrees to obtain a waiver of subrogation in the
property insurance policy.
(W) Workers compensation insurance for statutory limits including a minimum of $1,000,000 employer's
Lability covering all persons employed, directly or indirectly, in connection with any finish work performed by
TENANT or any repair or alteration authorized by this Lease or consented to by LANDLORD, and all
employees or agents of TENANT.
(iv) Such other Insurance at may be carried on the Leased Premises and TENANT's operation thereof
as may be required by LANDLORD from time to time. The coverages afforded by such insurance shall not
limit TENANT's liability hereunder. If TENANT fails to obtain and provide any or all of the aforesaid
insurance, then LANDLORD may, (but shall not be required to) purchase such insurance on behalf of
TENANT and TENANT shall, on demand, reimburse LANDLORD for the cost of such insurance together with
interest thereof (from the date on which LANDLORD paid such cost to the date on which TENANT
reimburses LANDLORD therefore) the maximum rate permitted by law and same shall constitute additional,
rent. In case LANDLORD shall be made a party to any litigation commenced against TENANT, then
TENANT shall protect and hold harmless and shall pay all costs and reasonable attorney's fees incurred or paid
by LANDLORD in connection with such litigation and any thereof, regardless of the initiation of court
proceedings.
TENANT shall furnish LANDLORD certificates of insurance certifying the above coverage. The
certificates shall include acknowledgment that the policies have been amended to provide thirty (30) days notice
of termination to LANDLORD.
PLW\pg 032M 0"-NE ICiL9 4 '
161
Notwithstanding any contrary provision of this Lease, TENANT shall look solely (to the extent insurance
- •• --� ---1:. U1. >:1>L1.1 in tlrr intrrrct of I AWMI nQn in the Rollrlino fnr i)rr caricr>rt;_ nr
PLW\pg 032792 OFF•NEW.LOL
f Notwithstanding any contrary provision of this s.ease, TENANT shall look solely (to the extent insurance
coverage is not applicable or available) to the interest of LANDLORD in the Building for the satisfaction of
any judgement or the judicial process requiring the payment of money as a result of any gloss negligence or
breach of this Lease by LANDLORD or LANDLORD's management agent and LANDLORD shall have no
personal liability hereunder of any kind.
ATTORNEYS' 24. If either parry defaults in the performance of any of the terms, provisions, covenants and conditions
FEES and by reason thereof, the other party employs the services of an attorney to enforce performance of the
covenants, or to perform any service based upon defaults, regardless of the initiation of court proceedings, then
in any of said events, the prevailing party &hall be entitled to reasonable attorney'& fees and all expenses and
costs incurred by the prevailing party pertaining thereto (including costs and fees relating to any appeal) and
in enforcement of any remedy.
DESTRUCPION 25. In the event the Leased Premises shall be destroyed or so damaged or injured by fire or other
OR DAMAGE casualty, during the Term of the Lease, whereby the same shall be rendered untenantable, then LANDLORD
shall have the right, but not the obligation, to reader such Leased Premises tenantable by repairs within one
hundred and eighty (180) days therefrom.
LANDLORD agrees that, within sixty (60) days following damage or destruction, it shall notify TENANT
with respect to whether or not LANDLORD intends to restore the Premises. If said Premises are not rendered
tenantable within the aforesaid one hundred and eighty (180) days, it shall be opdonal with either party hereto
to cancel this Lease, and in the event of such cancellation, the rent shall be paid only to the date of such fire
or casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the leased
Premises are untenantable due to causes set forth in this paragraph, the rent or a just and fair proportion
thereof shall be abated.
Notwithstanding the foregoing, should damage or destruction occur during the last twelve (12) months of
the Lease Term, either LANDLORD or TENANT shall have the option to terminate this Lease, effective on
the date of damage or destruction, provided notice to terminate is given within thirty (30) days of the date of.
such damage or destruction.
EMINENT 26. If there shall be taken during the Term of this Lease, any portion of the leased Premises, parking
DOMAIN facilities or Building, other than a part not interfering with maintenance, operation or use of the Leased
Premises, LANDLORD may elect to terminate this Lease or to continue same in effect. If LANDLORD elects
to continue the lease, the rental shall be reduced in proportion to the area of the Leased Premises so taken
and LANDLORD shall repair any damage to the Leased Premises, parking facilities, or Building resulting from
such taking. If -any part of the Leased Premises is taken by condemnation or Eminent Domain which renders
the Premises unsuitable for its intended use, TENANT may elect to terminate this Lease; or if any part of the
Leased Premises is so taken which does not render the Premises unsuitable for its intended use, this Lease shall
continue in effcct; and the rental shall be reduced in proportion to the area of the Leased Premises so taken
and LANDLORD shall repair any damage to the Leased Premises resulting from such taking. If all of the
Leased Premises is taken by condemnation or Eminent Domain, this Lease shall terminate on the date
possession is taken by the authority. All sums awarded or agreed upon between LANDLORD and the
condemning authority for the taking of the interest of LANDLORD whether as damages or as compensation,
and whether for partial or total condemnation, shall be the sole property of LANDLORD. If this Lease should
be terminated under any provisions of this paragraph, rental shall be payable up to the date that possession is
taken by the authority, and LANDLORD shall refund to TENANT any prepaid unaccrued rent less any sum
or amount then owing by TENANT to LANDLORD.
ABANDON- 27. If during the Term of this lease; TENANT shall abandon, vacate or remove from the Leased
MENT Premises the major portion of the goods,wares, equipment or furnishings usually kept on Said Leased Premises,
or shall cease doing business in said Leased Premises, or shall suffer the rent to be in arrears; LANDLORD
may, at its option, canal this Lease in the manner stated in Paragraph 28 hereof, or LANDLORD may enter
said Leased Premises as the agent of TENANT by fora or otherwise,without being liable in any way therefore
and relet the Leased Premises with or without any furniture that may be therein, as the agent of TENANT, at
such price and upon such terms and for such duration of time as LANDLORD may determine, and receive the
rent therefore, applying the same to the payment of the rent due by these presents, and if the full rental herein
provided shall not be realized by LANDLORD over and above the expenses to LANDLORD of such relating,
TENANT shall pay any deficiency. LANDLORD shall have all rights of acceleration contained in Paragraph
6, upon abandonment by TENANT. Moreover, any personalty remaining in the Premises may be disposed of,
without further nodee to TENANT, in any manner LANDLORD deems 5t in its sole discretion, without any
liability or rent credit to TENANT.
DEFAULT 28. It is agreed between the parties hereto that if TENANT shall be adjudicated a bankrupt or an
insolvent or take the benefit of any federal or state reorganization or composition proceeding or make a general
assignment or take the benefit of any insolvency law, or if TENANT's leasehold interest under this Lease shall
be spld under any execution or process of law; or if a trustee in bankruptcy or a receiver be appointed or
elected or had for TENANT (whether under federal or state laws); or if said Premises shall be abandoned or
deserted; or if TENANT shall fail to perform any of the terms, provisions, covenants or conditions of this Lease
on TENANT's part to be performed; or if this Lease or the Term thereof be transferred or pass to or devolve
PLW\pg 032M OFF-NEW.LOL
94- 161 B
LiEN FOR
PAYMENT
OF RENT
WAIVER
OF DEFAULT
RIGHT OF
ENTRY
NOTICE
LANDLORD
CONTROLLED
AREAS
upon any persons, firms, officers or corporations other than TENANT by death of TENANT, operation of the
law or otherwise; then and in any such events, at the option of LANDLORD, the total remaining unpaid Base
Rental for the Term of this Lease shall become due and payable and the Term of this Lease shall expire and
end five (5) days after LANDLORD has given TENANT written notice (in the manner hereinafter provided)
of such act, condition or default and TENANT hereby agrees immediately then to pay said Base Rental or quit
and surrender said Leased Premises to LANDLORD; but this shall not impair or affect LANDLORD's tight
to maintain summary proceedings for the recovery of the possession of the Leased Premises in'all eases
provided for by law. If the Term of this Lease shall be so terminated, LANDLORD may immediately, or at
any time thereafter, re-enter or repossess the Leased Premises and remove all persons and property therefrom
without being liable for trespass or damages. In addition, LANDLORD shall be entitled to all rights and
remedies available at law or In equity in the event TENANT shall fail to perform any of the terms, provisions, j
covenants or conditions of this Lease on TENANT's part to be performed All rights and remedies specifically
granted to LANDLORD herein by law, or in equity shall be cumulative and not mutually exclusive.
29. TENANT hereby pledges and assigns to LANDLORD as security for the payment of any and all
rent or other sums or amounts provided for herein, all of the furniture, futures, goods and chattels of TENANT
which shall or may be brought or put on or into said Leased Premises; and TENANT agrees that said lien may
be enforced by distress, foreclosure or otherwise, at the election of LANDLORD. TENANT hereby expressly.
waives and renounces for himself and family any and all homestead and exemption rights he may now have or
hereafter acquire under or by virtue of the constitution and laws of the State of Florida or of any other state,
or of the United States, as against the payment of said rental or any other obligation of damage that may accrue
under the terms of this Lease.
30. Failure of LANDLORD to declare any default immediately upon occurrence thereof, or delay in
taking any action in connection therewith, shall not waive such default; but LANDLORD shall have the right
to declare any such default at any time and take such action as might be lawful or authorized hereunder, in law.
and/or in equity. No waiver by LANDLORD of a default by TENANT shall be implied, and no express waiver"
by LANDLORD shall affect any default other than the default speed in such waiver and that only for the
time and extension therein stated
No waiver of any term, provision, condition or covenant of this Lease by LANDLORD shall be deemed
to imply or constitute, a further waiver by LANDLORD of any other term, provision, condition or covenant
of this Lease.
31. LANDLORD, or any of his agents, shall have the right to enter the Leased Premises during all
reasonable hours to examine the same or to make such repairs, additions or -alterations as may be deemed
necessary for the safety, comfort, or preservation thereof, or to said Building, or to exhibit said Leased Premises "
at any time within one hundred eighty (180) days before the expiration of this Lease. Said right of entry shall
likewise exist for the purpose of removing placards, signs, futures, alterations, or additions which do not
conform to this Lease.
32. Any notice gitten LANDLORD as provided for in this Lease shall be sent to LANDLORD by
registered mail addressed to LANDLORD at LANDLORD's Management Office. Any notice to be given
TENANT under the terms of this Lease, unless otherwise stated herein, shall be in writing and shall be sent
by registered mail to the office of TENANT in the Building or hand delivered to TENANT. Either party, from
time to time, by such notice, may specify another address to which subsequent notice shall be sent
33. All automobile parking areas, driveways, entrances and exits thereto, Common Areas, and other
facilities furnished by LANDLORD, including all parking areas, truck ways, loading areas, pedestrian walkways
and ramps, landscaped areas, stairways, corridors, and other areas and improvements provided by LANDLORD
for the general use, in common, of tenants, their officers, agents, employees, servants, invitees, licensees, visitors,
patrons and customers shall be at all times subject to the exclusive control and management of LANDLORD;
and LANDLORD shall have the right from time to time to establish, modify and enforce rules and regulations
with respect to all facilities and areas and improvements; to police same; from time to time to change the area,
level and location and arrangement of parking areas and other facilities hereinabove referred to; to restrict
parking by and enforce parking charges (by operation of meters or otherwise) to tenants, their officers, agents,
invitees, employees, servants, licensees, visitors, patrons and customers, to close. all or any portion of said areas
or facilities to such extent as may in the opinion of LANDLORD's counsel be legally sufficient to prevent "a
dedication thereof or the accrual of any rights to any person or the public therein, to close temporarily all or
an9 portion of the public areas, Common Areas or facilities, to discourage non -tenant parking, to charge a fee
for visitor and/or customer parking and to do and perform such other ads in and to said areas and
improvements as, in the sole judgement of LANDLORD, LANDLORD shall determine to be advisable with
a view to the improvement of the convenience and use thereof by tenants, their officers, agents, employees,
servants, invitees, visitors, patrons, licensees and customers. LANDLORD shall operate and maintain the
Common Areas and other facilities referred to in such reasonable manner as LANDLORD shall determine
from time to time. Withouf limiting the scope of such discretion, LANDLORD shall have the full right. and
authority to designate a manager of the parking facilities and/or Common Areas and other facilities who shall
have full authority to make and enforce rules and regulations regarding the use of the same or to employ all
personnel and to make and enforce all rules and regulations pertaining to and necessary for the proper
operation and maintenance of the parking area and/or Common Areas and other facilities. Reference in this
PLW\ps 032M 0FRNEW10L94— 161
paragraph to parking area and/or facilities shall in no way be construed as giving TENANT hereunder any
-nnneetion with such rarkim" areas and/or facilities unless such rights and/or
Yew 1pg u3l.Yt Uhh•titW,LUL
paragraph to parking area and/or facilities shall . :o way be construed as giving TENANT hereunder any
rights and/or privileges in connection with such parking areas and/or facilities unless such rights and/or
privileges are expressly set forth in Paragraph 17 hereof.
f
CONDITION 34. TENANT agrees to surrender to LANDLORD, at the end of the Term of" Lease and/or upon
OF any cancellation of this Lease, said Leased Premises in as good condition at said Leased Premises were at the
PREMISES beginning of the Term of this Lease, ordinary wear and tear, and damage by fire or other casualty not caused
ON TERMIN• by TENANT's negligence excepted. TENANT agrees that if TENANT does not surrender said Leased
AT10N OF Premises to LANDLORD at the end of the Term of this Lease, then TENANT shall pay to LANDLORD
LEASE AND double the amount of the current rental for each month or portion thereof that TENANT holds over plus all
HOLDING damages that LANDLORD may suffer on account of TENANT's failure to to surrender to LANDLORD
OVER possession of said Leased Premises and shall Indemnify and save LANDLORD harmless from and against all
claims made by any succeeding tenant of said Leased Premises against LANDLORD on account of delay of
LANDLORD in delivering possession of said Leased Premises to said succeeding tenant so far as such delay
is occasioned by failure to to surrender said Leased Premises in accordance herewith or otherwise.
No receipt of money by LANDLORD from TENANT after termination of this Lease or the service of any
notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the
Term of this Lease or affect any such notice, demand, suit or judgement.
No act or thing done by LANDLORD or its agents during the Term hereby granted shall be deemed an
acceptance of a surrender of the Leased Premises, and no agreement to accept a surrender of the Leased
Premises shall be valid unless it be made in writing and subscribed by a duly authorized officer or agent of
LANDLORD.
OCCUPANCY 35. TENANT shall be responsible for and shall pay before delinquency all municipal, county or state
TAX taxes assessed during the Term of this Lease against any occupancy interest or personal property of any kind,
owned by or placed in, upon or about the Leased Premises by TENANT.
SIGNS 36. LANDLORD shall have the sole right to install sips on the interior or exterior of the Building
and Leased Premises and/or change the Building's name or street address.
TRIAL 37. It is mutually agreed by and between LANDLORD and TENANT that the respective parties hereto
BY JURY shall, and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the
parties hereto against the other on any matters arising out of or in any way connected with this Lease, the
relationship of LANDLORD and TENANT, and TENANT's use or occupancy of the Premises. TENANT
further egrets that it shall not interpose any counterclaims in a summary proceeding or in any action based
upon non-payment of rent or any other payment required of TENANT hereunder.
RELAXATION
OF TENANT the Leased Premises and to relocate TENANT in some other space of LANDLORD' mg of
approximately the same dimensions and size within the Building, which other space a 'decorated by
LANDLORD at LANDLORD'S expense. LANDLORD shall have the right, ' LORD's sole discretion,
to use such decorations and materials from the existing Premises, or materials so that the space in which
TENANT is relocated shall be comparable in its interior and decorating to the Premises from which
TENANT is removed. Nothing herein contain be construed to relieve TENANT or imply that
TENANT is relieved of the liability for or ation to pay any additional rent due by reason of the provisions
of Paragraph 4 of this Lease, the roes of which paragraph shall be applied to the space in which TENANT '
is relocated on the same ' as said provisions,were applied to the Premises from which TENANT is removed.
TENAN�Wt LANDLORD's exercise of its election to remove and relocate TENANT shall not
term'r release TENANT, in whole or in part, from TENANT's obligation to pay the rents and
CROSS 39. If the term of any lease, other than this Lease, made by TENANT for any other space in the
DEFAULT Building shall be terminated or terminable after the making of this Lease because of any default by TENANT
under such other lease, such default shall, ipso facto constitute a default hereunder and empower LANDLORD
at LANDLORD's sole option, to terminate this Lease as herein provided in the event of default.
INVALIDITY 40. If any term, provision, covenant or condition of this Lease or the application thereof to any person
OF or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application
PROVISION of such term, provision, covenant or condition to persons or circumstances other than those as to which it is
held invalid or unenforceable shall not be affected thereby and each term, provision, covenant or condition of
this Lease shall be valid and be enforceable to the fullest extent permitted by law. This Lease shall be
construed in accordance with the laws of the State of Florida.
TIME OF 41. It is understood and agreed between the parties hereto that time is of the essence of all the terms
ESSENCE provisions, covenants and conditions of this Lease.
MISCEL- 42. The terms 'lAND)LORD' and `TENANT* as herein contained shall include singular and/or plural,
LANEOUS masculine, feminine and/or neuter, heirs, successors, executors, administrators, personal representatives and/or
PLW\pg 032792 OPF-NE1 101.
94- 161
EFFECTIVE
DATE
ENTIRE
AGREEMENT
DUAL
AGENCY
DISCLOSURE
FORCE
MAJEURE
RADON GAS
assigns wherever the context so requires or admits. The terms, provisions, covenants and conditions of this
Lease are expressed in the total language of this Lease Agreement and the paragraph headings are solely for
the convenience of the reader and are not intended to be all inclusive. Any formally executed addendum to
or modification of this Lease shall be expressly deemed incorporated by reference herein unless a contrary
intention is dearly stated therein.
43. Submission of this instrument for examination does not constitute an offer, right of first refusal,
reservation of or option for the Leased Premises or any other space or premises in, on or about the Building.
This instrument becomes effective as a Lease only upon execution and delivery by both LANDLORD and
TENANT.
44. This Lease contains the eotire agreement between the parties hereto and all previous negotiations
leading thereto, and it may be modified only by an agreement in writing signed by LANDLORD and TENANT.
No surrender of the Leased Premises, or of the remainder of the terms of this Lease, shall be valid unless
accepted by LANDLORD in writing. TENANT acknowledges and agrees that TENANT has not relied upon
any statement, representation, prior written or contemporaneous oral promises, agreements or warranties except
such as are expressed herein.
45. TENANT represents and warrants that it has dealt with no broker, agent or other person in
connection with this transaction and that no broker, agent or other person brought about this transaction, other
than The Allen Morris Commercial Real Estate Services Company and the Cooperating Broker, if any. The
Allen Morris Commercial Real Estate Services Company, as agent for LANDLORD, shall be compensated by
LANDLORD and the Cooperating Broker, if any, who is subagent of The Allen Morris Commercial Real
Estate Services Company, shall be compensated by LANDLORD. TENANT agrees to indemnify and hold
LANDLORD harmless from and against any claims by any other broker, agent or other person claiming a
commission or other form of compensation by virtue of having dealt with TENANT with regard to this leasing
transaction. The provisions of this paragraph shall survive the termination of this Lease.
46. Neither LANDLORD nor TENANT shall be required to perform any term, condition, or covenant in this
Lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God,
labor disputes (whether lawful or not), material or labor shortages, restrictions by any governmental authority,
civil riots, floods, and any other cause not reasonably within the control of LANDLORD or TENANT and
which by the exercise of due diligence LANDLORD or TENANT is unable, wholly or in part, to prevent or
overcome. Lack of money shall not be deemed force majeure..
47. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
USE OF 48. TENANT shall not cause or permit any Hazardous Material to be brought upon, kept or used in
HAZARDOUS or about the Premises or the Building by TENANT, its agents, employees, contractors or invitees. If TENANT
MATERIALS breaches this obligation, TENANT shall indemnify, defend and hold LANDLORD harmless from any and all
claims, judgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution
in value of the Premises or the Building, damages for the loss or restriction on use of rentable space or of any
amenity of the Premises or the Building, damages arising from any adverse impact on marketing of space, and
sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or, after
the lease Term as a result of such contamination. This indemnification of LANDLORD by TENANT includes,
without limitation, costs incurred in connection with any investigation of site conditions or any clean-up,
remedial, removal or restoration -work required by any federal, state or local governmental agency or political
subdivision because of Hazardous Material present in the soil or ground water, in the Premises or in the
Building.
Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or in the Building
caused by TENANT its agents, employees, contractors or invitees results in any contamination of the Premises
and/or the Building, TENANT shall promptly take all actions at its sole expense as are necessary to return the
Premises and/or the Building to the conditions existing prior to the introduction of any such Hazardous
Material to the Premises; provided that LANDLORD's-approval of such actions shall first be obtained, which
approval shall not be unreasonably withheld so long as such actions would not potentially have any material
adverse long-term or short-term effect on the Premises and/or the Building. The foregoing indemnity shall
survive the expiration or earlier termination of this Lease, As used herein, the term 'Hazardous Material'
means such hazardous or toxic substance, material or waste, including, but not limited to, those substances,
materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49
CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and
amendments thereto, or such substances, materials and wastes that are or become regulated under any
applicable local, state or federal law. LANDLORD and its Agents sball have the right, but not the duty, to
inspect the Premises at any time to determine whether TENANT is complying with the terms of this Lease.
If TENANT is not in compliance with this Lease, LANDLORD shall have the right to immediately enter
Premises to remedy any contamination caused by TENANT's failure to comply notwithstanding any other
provision of this Lease. LANDLORD shall use its best efforts to minimize interference with TENANT's
business but shall not be liable for any interference caused thereby. Any default under this paragraph shall be
a material default enabling LANDLORD to exercise any of the remedies set forth in this Lease.
ADDENDUM 6
a matenal detault enabling LA,WDLURD to exercise any of the tearedies set forth in this Lease.
ADDENDUM s
i
{
Attached to and made a part of this lease Agreement dated , 19_-., by. and
between 330 Biscayne, Ltd., a Florida limited partnership, as Landlord, and Downtown
Development Authority, a Florida non-profit corporation, as Tenant, covering approximately
5,281 rentable square feet of space on the Eleventh (11th) Floor of the Building known as
The Bayside Plaza Building, located at 330, Biscayne Boulevard, Miami, Dade County,
Florida 33132,
49. TENANT IMPROVEMENTS
Tenant acknowledges that Tenant accepts space in an "as is" condition with the
exception of the following:
Landlord, at Landlord's expense, shall provide and install a separately metered, three
(3) ton package air conditioning unit for Tenant's use after regular building hours.
Tenant shall be invoiced monthly for said usage as provided for in Paragraph 13
herein. Landlord shall remove a wall separating the two southeast offices and shall
erect a wall dividing the existing conference room into two offices.
All improvements made to the Leased Premises, existing or those made during the
term of the Lease Agreement, shall be the property of the LANDLORD during the
term of the Lease Agreement and shall remain the property of the LANDLORD
upon termination of this Lease.
50. PARKING FOR BOARD MEMBERS
Members of Tenant's Board of Directors attending monthly board meetings at the
Leased, Premises shall have free parking for three hours during said meetings.
Parking stickers will be issued to board members for identification purposes by
Allright Parking, Landlord's parking contractor.
51. OPTION TO RENEW
Provided that this Lease is not and never has been otherwise in default, TENANT
shall have four one (1) year options tp extend the term of the Lease by giving
LANDLORD no less than three (3) months advanced written notice exercising the
option. If TENANT exercises this option, all terms, provisions, covenants and
conditions of this Lease shall continue in full force and effect except that the Base
Rental Rate shall increase by $1.00 per square foot per year for each option year.
52. ADDITIONAL SPACE
Landlord and Tenant agree that Tenant shall have the right to additional space for
its storage needs at the rental rate of $10.00 per rentable square foot at any time
during the Lease Term. Said space shall be interior space without windows and shall
not require any Tenant Improvements.
53. SIGNAGE
Tenant shall have the right to erect, at Tenant's sole cost and expense, Tenant's
exclusive signage on the building's structural column adjacent to the front entrance as shown
on Exhibit 'B" attached hereto. Tenant's signage shall be of a design acceptable to
Landlord and subject to any zoning or other governmental regulations. Tenant shall
maintain said signage throughout the term of this Lease Agreement and any renewals
thereof and shall be responsible for removing said signage and repairing any damage caused
by the removal of said signage upon the conclusion of the Lease Agreement (or renewals
thereof). INITIAL
dda.add
94- 161
Ie�MaMrrMrr� �+......a,......w..wN,lww.w•ler•rW1eIMWM-wrY..w!�
EXHIBIT "B"
Attached to and made a part of this lease Agreement dated , 19_, by and
between 330 Biscayne, Ltd., a Florida limited partnership, as Landlord, and Downtown
Development Authority, a Florida non-profit corporation, as Tenant, covering approximately
5,281 rentable square feet of space on the Eleventh (11th) Floor of the Building known as
The Bayside Plaza Building, located at 330 Biscayne Boulevard, Miami, Dade County,
Florida 33132.
i
K
i
a
eL •A•Z •A
FOR LEASE
330 Biscayne. Boulevard
LOCATION:
330 Biscayne Boulevard, Miami, Florida
DESCRIPTION:
A colorful eleven story office building directly across from Bayside overlooking BiscOft nd-fFie
Port of Miami
SPACE AVAILABLE: 300 Square Feet-11,744 Square Feet (Full Floor)
TERM:
3-10 Years
RENTAL RATE:
$13.00-$17.00 per rentable square foot —Full Service Lease
PARKING:
Allocated at one space per 500 square feet leased (Currently $60/space/month)
ESCALATIONS:
A passthrough of Operating Expense and Real Estate Taxes using 1988 as a base year. Annual C.P.I.
CONCESSIONS:
One month abatement of the non -operating portion of the rent per year of lease.
AMENITIES:
• Adjacent to Tiiird Street Station of the People Mover
• Directly across from the Bayside Marketplace
is Space available with panoramic views of Bayside and the Port of Miami
• Quick access to 1-95, Miami Beach, Miami International Airport and the Port of Miami
•O
n and off-street visitor parking PLEASE
• Full-time Security Guard JWTIAL
4
FOR LEASING INFORMATION CALL: r
(305) 358-1000
My information gwan notomm is Obtained from sources wa CoMidar reaeble. How4w. we are nor naponsibre to m4afarements bt
lac4. Mrora._ioni,FwW$Wa.1"tMrawal from market moobufwn of mongapa Commitment. terms and contlNMf a cnang*in
pica w"nout noon. NML 69465-P '
i
o4_ 161
�ollowfng Rules and Regulatfoas, bereby accepte WTE, f, are prescribed by LANC•`_ pRD to enable LANDLORD
to provide, maintain, and operate, to the best of LANDLORD's ability, orderly, clean and desirable' pret rises, Building and parking
facilities for tenants therein at as economical a cost as reasonably possible and in as efficient a manner as reasonably postibie, to
;
assure security for the protection of tenants so far as reasonably possible, and to regulate conduct In and use of said Premises,
Building and parking facilities in such manner as to minimize interference by others in the proper use of same by TENANT,
1, TENANT, Its officers, agents, servants and employees shall not block or obstruct any of the entries, passages, doors;
elevators, elevator doors, hallways or stairways of Building or parking facilities, or place, empty or throw any rubbish, litter, aasb
or material of any nature into such areas, or permit such areas to be used at any time except for ingress or egress of TENANT, its
officers, agents, servants, employees, patron, licensees, customers, visitors or invitees.
i
2. The movement of furniture, equipment, merchandise or materials within, into or out of the Leased Premises,
Building or parking facilities &hall be restricted to time, method and routing )f movement as determined by LANDLORD upon.:' "
request from TENANT and TENANT shalt assume all liability and risk to property, Premises and Building in such movement.Tenant
shall not move furniture, machines, equipment merchandise or materials within, into or: out of the %gilding, L.emed Premises or
parking facilities without having first obtained a written permit from LANDLORD twenty -tour (24) hours in advance. Safes, large
files, electronic data processing equipment and other heavy equipment or machines shall be moved into Leased Premises, Building'
or parking facilities only with LANDLORD's written consent and placed where directed by LANDLORD, ;
3. No sign, door plaque, advertisement or notice shall be displayed, painted or affixed by TENANT, its officers, agents
servants, employees, patrons, licensees, customers, visitors, or invitees In or on any part of the outside or inside the Building, parking"
facilities or leased Premises without prior written consent of LANDLORD and then only of such color, size, character, style and
materials and in such places as shall be approved and designated by LANDLORD. Signs.on doors and entrances to leased Premises
&hall be placed tbereon by a contractor designated by LANDLORD and paid for by TENANT.
4. LANDLORD shall not be responsible for lost or stolen property, equipment, money or any article taken from Leased
Premises, Building or parking facilities regardless of how or when loss occurs.
S. No additional locks shalt be placed on any door or changes made to existing locks in Building without the prior
written consent of LANDLORD. LANDLORD shall furnish two keys to each lock on doors in the Leased Premises and
LANDLORD, upon request of TENANT, shall provide additional duplicate keys at TENANT's expense. LANDLORD may, at all
times, keep a pass key to the Leased Premises. All keys shall be returned to LANDLORD promptly upon termination of this Lease.
6. TENANT, its officers, agents, servants or employees shall do no painting or decorating in leased Premises, or mark,
paint or cut into, drive nails or screw into or in any way deface any part of Leased Premises or Building without the prior written
consent of LANDLORD. If TENANT desires signal, communication, alarm or other utility or service connection installed or
changed, such work shall be done at expense of TENANT, with the approval and under the direction of LANDLORD, i
7. LANDLORD reserves the right to
(I) Close the Building at 6:00 P.M„ subject, however, to TENANT's right to admittance under regulations
prescribed by LANDLORD, and to require the persons r:atering the Building to identify themselves and establish
their right to enter or tp leave the Building;
(il) close all parking areas between the hours of 9.00 P.M. and 7:00.A.M, during week days; and
(W) dose all parking areas on weekends and holidays.
S. TENANT, its officers, agents, servants and employees shall not permit the operation of any musical or sound
producing instruments or device which may be beard outside Leased Premises, Building or parking facilities, or which may emanate
electrical waves which shall impair radio or televisions broadcasting or reception from or in Building.
9. TENANT, its officers, agents, servants and employees shall, before leaving Leased Premises unattended, close and
lock all doors and shut off all utilities; damage resulting from failure. to do so shall be paid by TENANT. Before closing of the day .
and leaving the said Premises each TENANT shall see that all blinds and/or draperies are pulled and drawn.
10. All plate, and otber glass now in leased Premises or Building which is broken tbrougb cause attributable to
TENANT, its officers, agents, servants and employees,patrons, licensees, customers, visitors or invitees shall be replaced by and at
czpense of TENANT under the direction of LANDLORD.
il. TENANT shall give LANDLORD prompt notice of all accidents to or defects,in air conditioning equipment,
plumbing, electric facilities or any part or appurtenance of Leased Premises. i
12. The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no "
foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a
violation of this provision shall be borne by TENANT, who shall, or whose officers, employees, agents, servants, patrons, customers,
licensees, visitors or invitees shall have caused it.
13. All contractors and/or technicians performing work for TENANT within the Leased Premises, Building or parking
facilities shall be referred to LANDLORD for approval before performing such work. This shall apply to all work including, but not
limited to, installation of telephones, telegraph equipment, electrical devices and attachments, and all installations affecting floors,
walls, windows, doors, ceiling, equipment or any other physical feature of the Building, Leased Premises or parking facilities, None
of this work shalt be done by TENANT without LANDLORD's prior written approval,
PLW\Pe 032792 OFF NEW.LGL
f
Y
�- 161
No showcases or other articles shall be put in froL., of or affixed to any part of the exterior of the Building, nt
placed in the halls, corridors or vestibules without the prior written consent of LANDLORD.
15. Glass panel doors, that reflect or admit light into the passageways or into any place in the Building.shall not 1: }
covered or obstructed by TENANT, and TENANT shall not permit, erect, and/or place drapes, furniture, fixtures, shelving, dispis
cases or tables, lights or signs and advertising devices in front of or in proximity of interior and exterior windows, glass panels, c
Wass doors providing a view into the interior of the Leased Premises unless same shall have rust been approved in writing t
LANDLORD.
16, Canvassing, soliciting and peddling in the Building or parking facilities it prohibited and each TENANT sha
cooperate to prevent the same. In this respect, TENANT shall promptly report such activities to the Property Management offxu }
17. There shall not be used in any space, or In the public halls of the Building, either by any TENANT or by jobber
or others, in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires and side guards.
18.• The work of LANDLORD's janitorial personnel shall not be hindered by TENANT after 5:30 P.M., and such wor
may be done at any time when the offices are vacant. The windows, doors and finites may be cleaned at any time. TENANT sha ,
provide adequate waste and rubbish receptacles, cabinets, bookcases, map cases, etc., necessary to prevent unreasonable hardshi
to LANDLORD in discharging its obligation regarding leaning service. In this regard, TENANT shall also empty all glasses, cup'
and other containers holding any type of liquid whatsoever.
19. In the event TENANT must dispose of crates, boxes, etc., which shall not fit into office wastepaper baskets, it shaJ
be the responsibility of TENANT with LANDLORD's assistance to dispose of same. In no event, shall TENANT set such item
in the public hallways or other areas of Building or parking facilities, excepting TENANT's own Premises, for disposaL
20. Tenants are cautioned in purchasing furniture and equipment that can easily fit on the elevator and can pass througl
the doors of the Leased Premises. Large pieces should be made in parts and set-up in the Leased Premises. LANDLORD reserve.
the right to refuse to allow any furniture or equipment of any description to be placed in the Building which does not comply wid -s
the above conditions.
t }
21. TENANTS shall be responsible for any damage to the Leased Premises, including carpeting and flooring, as a resul
of rust or corrosion of file cabinets, roller chairs, metal objects or spills of any type of liquid.
22. If the Premises demised to TENANT become infested with vermin,.TENANT, at its sole cost and expense, steal
cause its premises to be exterminated from time to time, to the satisfaction of LANDLORD, and shall employ such exterminatiot: j
therefore as shall be approved by Landlord.
23. TENANT shall not install any antenna or aerial wires, or radio or television equipment, or any other type of
equipment, inside or outside the Building, without LANDLORD's prior approval in writing, and upon such terms and conditions a.
may be specified by LANDLORD in each and every instance.
24. TENANT shall not advertise the business, profession or activities of TENANT in any manner which violates the
letter of spirit of any code of ethics adopted by any recognised association or organization pertaining thereto, or use the name 01
the Building for any purpose other than that of the business address of TENANT or use any letterhead, envelopes, circulars, notices. ;
advertisements, containers or wrapping material without LANDLORD's express consent in writing.
25. TENANT, its officers, agents, employees, servants, patrons, customers, licensees, invitees and visitors shall not solid,
business in the Building's parking facilities or Common Areas, nor shall TENANT distribute any handbills or other advertising matte:
in automobiles parked in the Building's parking,facilities. ;
26. TENANT shall not conduct its business in such manner as to create any nuisance, or interfere with, annoy or disturt
any other TENANT in the Building, or LANDLORD in its operation of the Building or commit waste or suffer or permit waste tc
be committed in the Leased Premises, Building or parking facilities. In addition, TENANT shall not allow its officers, employees
agents, servants, patrons, customers, licensees, and visitors to conduct themselves in such a manner as to create any nuisance or
interfere with, annoy or disturb any other TENANT in the Building or LANDLORD in its operation of the Building or commit ,
waste or suffer or permit waste to be committed in the Leased Premises, Building or parking facilities. 1
27. TENANT, its officers, agents, servants and employees shall not install or operate any refrigerating, beating or air
conditioning apparatus or carry on any mechanical operation or bring into Leased Premises, Building or parking facilities any
flammable fluids or explosives without written permission of LANDLORD.
28. TENANT, its officers, employees, agents and servants shall not use Leased Premises, Building or parking facilities
for housin& lodging or sleeping purposes or for the cooking or preparation of food without prior written consent of LANDLORD.
29, TENANT, its officers, employees, agents, servants, patrons, customers, licensees, visitors or invitees shall not bring
into parking facilities, Building or Leased Premises or keep on Leased Premises any fish, fowl, reptile, insect, or animal or any bicycle
or other vehicle without the written consent of LANDLORD.
30. Neither TENANT nor any officers, employees, agents, servants, patrons, customers, licensees, visitors or invitees
of any TENANT shall go upon the roof of the Building without the written consent of LANDLORD,
31. TENANTS employing laborers or others outside of the Building shall not have their employees paid in the Building,
but shall arrange to pay thew payrolls elsewhere,
94- 161 t
PLW\pS 032792 OFF•NEW.LGL