Reso 2024-3761 - Laserfiche WebLink

Home Browse Search

EXECUTION COPY and local governmental permits and approvals. LESSEE shall use general contractors and contractors acceptable to LESSOR in LESSOR's reasonable discretion. LESSEE shall complete the LESSEE Work not later than two hundred ten (210) days after the delivery of possession of the Leased Premises by LESSOR. Notwithstanding the foregoing, the LESSEE Work shall comply with the LESSEE Design and Construction Guidelines attached hereto as Exhibit "D", and by reference made a part hereof. LESSOR shall provide LESSEE with final construction drawings for the Leased Premises within sixty (60) days of the Anticipated Delivery Date; provided, however, that LESSOR reserves the right to make any changes to such final construction drawings as may be reasonably necessary to facilitate the completion of the Leased Premises (or any other improvements on the Property) in a timely manner, so long as it provides any changes to the final construction drawings to LESSEE within five (5) business days of receipt of any updated final construction drawings. Within thirty (30) days of completion of LESSEE's Work, LESSEE shall pay to LESSOR a Construction Management Fee equal to three percent (3%) of LESSEE's total cost for LESSEE's Work in the Leased Premises. The Construction Management Fee shall be considered Additional Rent payable to LESSOR by LESSEE. 12. HVAC MAINTENANCE. LESSEE shall be solely responsible for the costs to repair, maintain, replace, and operate the HVAC Unit(s) for the Leased Premises. LESSEE shall (i) maintain, repair, and replace when necessary all HVAC equipment which services the Leased Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by LESSOR, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every ninety (90) days during the Term. LESSEE shall furnish LESSOR with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to LESSOR. Any major repairs and/or replacement, inclusive of any and all HVAC components will be LESSEE's obligation. 13. LESSEE IMPROVEMENTS/RENOVATIONS. In connection with the LESSEE Work, and if LESSEE in the future requires improvements, alterations, or renovations, LESSEE shall provide LESSOR's manager with a complete set of construction drawings, and such agent shall notify LESSEE of LESSOR's approval or denial of consent to such proposed alterations. For any improvements, alterations, or renovations requested after the completion of the LESSEE Work (the "Future Renovations"), if LESSOR grants its consent to such Future Renovations, as part of such notice, the manager shall determine the actual cost of the work to be done in connection with any such Future Renovations (which cost shall include a construction supervision fee of three percent (3%) to be paid to LESSOR's manager). LESSEE may then either (i) agree to pay LESSOR to have the Future Renovations done, or (ii) engage their own contractor to perform the Future Renovations, which contractor shall be subject to the prior written consent of LESSOR. LESSEE shall be solely responsible for the costs of Future Renovations to the Leased Premises under this Section. 14. LIENS. LESSEE shall keep the Leased Premises and the Property free from any liens of any kind whatsoever, including (without limitation) any leasehold mortgage or pledge, judgement liens or construction liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of LESSEE. All Persons contracting with the LESSEE, or furnishing materials, labor, or services to said LESSEE, or to its agents, or servants, as well as all persons, shall be bound by this provision of the Lease Agreement. Should any claim of lien or other lien be filed against the Leased LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 12 of 36