DEVELOPMENT, CONSTRUCTION OR USE BY TENANT. AGENCY SHALL NOT
<br />BE REQUIRED OR OBLIGATED TO MAKE ANY CHANGES, ALTERATIONS,
<br />ADDITIONS, IMPROVEMENTS OR REPAIRS TO THE PREMISES. TENANT SHALL
<br />RELY ON ITS OWN INSPECTION AS TO THE SUITABILITY OF THE PREMISES
<br />FOR THE INTENDED USE.
<br />2.5 Limitations of the Leasehold. This Lease and the rights and privileges granted Tenant
<br />in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record
<br />as of the date hereof or otherwise disclosed to Tenant prior to the date hereof, including those
<br />contained in the hiclusionary Grant Agreement applicable to Developer while Developer is the
<br />Tenant. Nothing contained in this Lease or in any document related hereto shall be construed to
<br />imply the conveyance to Tenant of rights in the Premises which exceed those owned by Lessor, or
<br />any representation or warranty, either express or implied, relating to the nature or condition of the
<br />Premises or Agency's interest therein.
<br />2.6 Tenant's Investigation. Tenant acknowledges that it is solely responsible for
<br />investigating the Premises to determine the suitability thereof for the uses contemplated by Tenant.
<br />Tenant further acknowledges by executing this Lease that it has completed its investigation and
<br />has made such determinations as Tenant believes may be required under the circumstances.
<br />ARTICLE III
<br />RENT
<br />3.1 Base Rent. Throughout the ninety-nine (99) year Term of this Lease, regardless of an
<br />earlier termination date, Lessor shall lease the Premises to the Tenant and Tenant's authorized
<br />assignees pursuant to the terms and conditions of this Lease, and the Tenant shall accept the lease
<br />of the Premises from the Lessor, at a base rent of one dollar and zero cents ($1.00) per year, the
<br />total amount of which base rent for the entire Term is ninety-nine dollars ($99.00), which total
<br />amount has been pre -paid upon the signing of this Lease by Tenant.
<br />3.2 Triple Net Rent. It is the intent of the Parties that all rent shall be absolutely net to
<br />Lessor and that, except as otherwise provided herein, Tenant will pay all costs, charges, insurance
<br />premiums, taxes, utilities, expenses and assessments of every kind and nature incurred for, against
<br />or in connection with the Premises which arise or become due during the Term as a result of
<br />Tenant's use and occupancy of the Premises. Under no circumstances or conditions, whether now
<br />existing or hereafter arising, or whether beyond the present contemplation of the Parties, shall
<br />Lessor be obligated or required to make any payment of any kind whatsoever or be under any other
<br />obligation or liability under this Lease except as expressly provided herein.
<br />3.2.L Taxes. During the Term, Tenant and Tenant's authorized assignees shall pay
<br />directly to the taxing authorities all Taxes (as herein defined) at least ten (10) days prior to delinquency
<br />thereof. For purposes hereof, "Taxes" shall include any form of assessment, license fee, license tax,
<br />business license fee, commercial rental tax, levy, penalty, sewer use fee, real property tax, charge,
<br />possessory interest tax, tax or similar imposition (other than inheritance or estate taxes), imposed by
<br />any authority having the direct or indirect power to tax, including any city, county, state or federal
<br />government, or any school, agricultural, lighting, drainage, flood control, water pollution control,
<br />Page 17
<br />
|