|
1
<br />2
<br />3
<br />4
<br />5
<br />6
<br />7
<br />8
<br />9
<br />10
<br />11
<br />12
<br />13
<br />14
<br />15
<br />16
<br />17
<br />18
<br />19
<br />20
<br />21
<br />22
<br />23
<br />24
<br />25
<br />25
<br />27
<br />28
<br />29
<br />30
<br />31
<br />32
<br />33
<br />34
<br />35
<br />36
<br />37
<br />38
<br />39
<br />40
<br />41
<br />42
<br />43
<br />44
<br />45
<br />46
<br />47
<br />48
<br />49
<br />50
<br />51
<br />52
<br />53
<br />54
<br />55
<br />56
<br />57
<br />58
<br />59
<br />60
<br />61
<br />62
<br />63
<br />64
<br />65
<br />66
<br />67
<br />68
<br />69
<br />70
<br />71
<br />72
<br />73
<br />74
<br />75
<br />76
<br />77
<br />78
<br />79
<br />80
<br />10. ALTERATIONS AND F I X T U R-E S. Tenant shall not make or suffer to be made any
<br />alterations of the demised premises, or any part thereof, wit houtthe prior written consent of Landlord, and the
<br />prior receipt by Landlord of a copy of Tenant's fuilding permit, and any additions to or alterations of said
<br />premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to
<br />Landlord. Any such alterations shall be in conformance with the requirements of all municipal state and
<br />federal authorities.
<br />. Tenant agrees to promptly fixturize the store in a manner comparable to a store of similar nature.
<br />Tenant is solely responsible for all costs associated with any additions or alterations to the demised
<br />premises performed by orforTenant, including any and all permit fees, license fees, utility charges or other
<br />fees or charges, except those costs expressly agreed to be paid by Landlord under the terms of this Lease.
<br />11. MAINTENANCE AND REPAIR. Tenant shall, subject to Landlord's obligations hereinafter
<br />provided, at all times during the term hereof, and atTenant's sole cost and expense, keep, maintain and repair
<br />the building and other improvements upon the demised premises in good and sanitary order and condition
<br />(except as.hereinafter provided), including without limitation; the maintenance and repair of any store front,
<br />glass, doors, window casements, glazing, plumbing, pipes; electrical wiring and conduits, and the heating and air conditioning system (if any) including the maintenance of a service contract with a heating and air
<br />conditioning contractor approved by Landlord. Tenant shall also, at its.sole cost and expense, be responsible
<br />for any alterations or improvements to the demised premises necessitated as a result of the requirement of
<br />any municipal, state or federal authority as a result of Tenants use of the premises. Tenant hereby waives all
<br />rights to make repairs at the expense of Landlord and, if the demised premises are located in the State of
<br />California, Tenant hereby waives all rights provided for by Section 1941 of the Civil Code of the State of
<br />California to make said repairs which Landlord is obligatedto make under this Lease. By entering into the
<br />demised premises; Tenant shall be deemed to have accepted the demised premises as being in good and
<br />sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner termination of
<br />this Lease to surrenderthe demised premises with appurtenances, in the same condition as when received,
<br />reasonable use and wearthereof and damage byfire, acts of God or by.,the elements excepted. Tenant shall
<br />periodically sweep and clean the sidewalks adjacent to the demised. premises, as needed.
<br />Landlord shall, subject to Tenant's reimbursement as herein provided, maintain in good repair the
<br />exteriorwalls, roof and sidewalks. Tenant agrees that it will not, norwill,it authorize anypersonto, go ontothe
<br />roof of the building of which the demised premises are apart without the prior consent of Landlord. Said
<br />consent will be given only upon Landlord's satisfaction that any repairs necessitated as a result of Tenant's
<br />action will be made byTenant, atTenants expense, and will be made in -such a mannerso as not to invalidate
<br />any guarantee relating to said roof. Landlord shall not be required to make any repairs to the exteriorwalls,
<br />roof and sidewalks unless and until Tenant has notified Landlord in writing of the need forsuch repairs and
<br />Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs.
<br />Tenant shall pay, as Additional Rental, to Landlord itspro rata share of the cost of said repairs and
<br />maintenance incurred by Landlord, including aten percent(10%) management fee. Said pro ratashareto be
<br />determined according to the area of the demised premises, including second flooror mezzanine, if any, as it
<br />relates to the total leasable area of the building which contains the demised premises. Said Additional Rental
<br />is due ten (10) days after the date of mailing (due date) of the statement therefor, and is in default if not
<br />received by Landlord within ten (10) days of the due date.. Additional Rental in default shall be subject to an
<br />additional charge of Yen percent (10) per month on the unpaid balance as a late charge.
<br />12, C O M P L I A N C E W I T H LAWS. Tenant shall, at its sole cost and expense, comply with all of
<br />the requirements of all municipal, state and federal authorities now in force orwhich may hereafter be in force
<br />pertaining to the use of said premises, and shall faithfully observe in said use all municipal ordinances and
<br />state and federal statutes now in force orwhich shall hereinafter be in force. The judgement of any court of
<br />competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether
<br />Landlord be a party thereto or not, that Tenant has violated any such order or statute in said use, shall be
<br />conclusive of that fact as between Landlord and Tenant.
<br />Tenant shall not commit, or suffer to be committed, any waste upon the demised premises, or any
<br />nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in
<br />which the demised premises may be located.
<br />*
<br />13, INSURANCE. Landlord shall maintain fire and extended coverage insurance/throughout the
<br />term of this Lease in an amount equal to at least ninety percent (90%) of the replacement value of the building
<br />which includes the demised premises, together with such other insurance as maybe required by Landlord's
<br />lender or by any governmental agency. Tenant lerebywaives any rights of recoveryfrom Landlord, its officers
<br />and employees, and Landlord herebywaives any rights of recoveryfrom. Tenant, its officers or employees, for
<br />any loss or damage (including consequential loss) resulting from any_of the perils insured against in the
<br />standard form fire insurance policywith extended coverage endorsement. Tenant shall payto Landlord, as
<br />Additional Rental hereunder, its pro rate share of the cost of said insurance, plus a ten percent (10%)
<br />management fee, to be determined by the relationship that the gross floor area of the demised premises,
<br />including second floor or mezzanine, if any, bears to the total gross floorarea of the building or buildings for
<br />which such policy relates. Said Additional Rental is due ten (10) days afterthe date of mailing (due date) of the
<br />statement therefor and is in default if not received by Landlord within ten (10) days after the due date.
<br />Additional Rental in default shall be subject to an additional charge of ten percent (10) per month on the
<br />unpaid balance as a late charge. Landlord may estimate the cost of said insurance and collect and impound as
<br />Additional Rental Tenant's share of said cost as set forth in section 4.C(il).
<br />Tenant, if involved in food preparation and sales as a cafe, restaurant orsimilar use, and/orfood takeout .
<br />service, shall install atTenanfs expense anyfire protective systems in grill, deep fryand cooking areas which
<br />are required bycity, countyand statefire ordinances, and such system when installed shall qualifyforfull fire
<br />protective credits allowed by the fire insurance rating and regulatory body in whose jurisdiction the premises
<br />arelocated. /* and may maintain all risk, flood and earthquake insurance under
<br />this Section 13, all within the coverage of any so-called blanket policy or
<br />policies covering this Shopping Center and any other property or properties
<br />wheresoever situated in which Landlord may have an insurable interest.
<br />Page 5 of 11
<br />
|