2003/02/05 Council Agenda Packet

4 Lease No. SRL 01-0132 October 18,2002 Page 3 of 11 Lessee has 4,089 square feet of building and floor common area assigned to it. This is 22.19% of the total common area. Based on the common area assignment. Lessee shall pay 23.92% of common area charges for the building_ The Lessee has 23,332 square feet of outside space assigned to it. This 5.81% of the total outside space. Based on the outside space assignment, Lessee shallpay6.60% of the expenses to maintain the outside space. Expenses to be paid by Lessee to Lessor pursuant to this section are hereinafter known as"Additional Rent". 6C. Additional Rent shall be paid to the Lessor on a quarterly basis. The Lessor shall provide a statement ("the Statement") showing within forty-five (45) days after the end of each quarter the amount of Additional Rent incurred. The Lessor shall also maintain a comparison of the Additional Rent by category annually. In the event, the amount of Additional Rent incurred by Lessee is less than the previous year. The Lessor will provide a credit for Additional Rent to the Lessee. This credit will be applied to the next calendar year. 6D. If requested by Lessee, Lessor shall furnish heat and air conditioning at times other than between 6:00 a.m. and 6:00 p.m. and the cost of such services as established by Lessor shall be paid by Lessee. 6E. Lessor will not carry insurance of any kind on Lessee's furniture or furnishings or on any trade fixtures,or equipment, of Lessee's under this Lease and Lessor shall not be obligated to repair any damage thereto or replace the same,except when such repair or damage is due to Lessor's negligence MAINTENANCE AND REPAIR 7. The Lessor shall maintain the Premises in good repair and tenantable condition during the continuance of this Lease, except in case of damage arising from the negligence of the Lessee's clients, agents or employees. For the purposes of maintaining and repairing the Premises, the Lessor reserves the right at reasonable times to enter and inspect the Premises and to make any necessary repairs to the building. As long as Lessee is not in default of any provision of this Lease, Lessor's maintenance and repair obligations during normal buisness hours under Paragraph 5 shall include, but not be limited to, the mechanical, electrical, interior lighting (including replacement of ballast's, starters and fluorescent tubes as required), plumbing, heating, ventilating and air-conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; elevators; inside and outside walls (including windows); all structural portions of the building (including the roof and the watertight integrity of same); porches, stairways; sidewalks; exterior lighting; parking lot(including snow removal, cleaning and restriping as required);wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements generally applicable to similar office buildings in the area (example: fire, building, energy codes, indoor air quality and requirements to provide architecturally barrier-free Premises for persons with disabilities,etc.). Nothing in this Lease shall be construed or interpreted to impose any obligation on Lessor to maintain or repair Lessee's Trade Fixtures, personal property and furnishings. No damages, compensation or claim shall be payable by Lessor for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the building. 7A. Lessor shall not be liable for any loss. injury or damage to person or property caused by or resulting from any variation. interruption.or failure of such services beyond Lessor's reasonable control to make any repairs or perform any maintenance,unless due to Lessor's negligence. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements. or due to accident. strike or conditions or events beyond Lessor's reasonable control or charges in or reduction of such services shall be deemed an eviction of Lessee or relieve Lessee from any of Lessee's obligations hereunder. I _ i 1