EXHIBIT 10.19
Third Amendment to Lease Agreement
Expansion of Premises
This Third Amendment to Lease Agreement (the "Amendment") is made and entered
into as of November 5, 1997, by and between LINCOLN MENLO VI, A CALIFORNIA
LIMITED PARTNERSHIP ("Landlord"), and Onsale, Inc., a Delaware corporation
("Tenant"), with reference to the following facts:
Recitals
WHEREAS, Landlord and Tenant have entered into that certain Lease Agreement
dated August 8, 1997 as subsequently amended on August 26, 1997 (First Amendment
to Lease) and on September 5, 1997 (Second Amendment to Lease), (hereafter the
"Lease"), for the leasing of certain Premises comprised of approximately 12,974
rentable square feet located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ and 204, ▇▇▇▇▇
▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Premises") as such Premises are more fully
described in the Lease.
WHEREAS, Landlord and Tenant wish to amend the Lease to increase the square
footage of the Premises to approximately 37,934 rentable square feet commencing
April 1, 1998 or upon completion of Tenant Improvements (hereafter defined),
whichever is earlier, and to amend certain additional provisions of the Lease.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows;
1. Recitals: Landlord and Tenant agree that the above recitals are true
and correct.
2. The Premises square footage shall be increased by approximately 24,960
square feet to approximately 37,934 total rentable square feet
("Expansion Premises") effective April 1, 1998. The Expansion Premises
are set forth in Exhibit A-1--Expansion Premises--attached hereto and
made a part hereof.
3. The Monthly Base Rent on Amendment 1 shall be amended as follows:
November 15, 1997 - March 31, 1998 $25,299.30
April 1, 1998 - November 14, 1998 $75,219.30
November 15, 1998 - March 31, 1999 $76,231.27
April 1, 1999 - November 14, 1999 $78,228.07
November 15, 1999 - March 31, 2000 $79,280.52
April 1, 2000 - November 14, 2000 $81,277.32
November 15, 2000 - March 31, 2001 $82,371.87
April 1, 2001 - November 14, 2001 $84,618.27
November 15, 2001 - March 31, 2002 $85,756.60
April 1, 2002 - November 14, 2002 $88,003.00
4. Landlord shall provide a Tenant Improvement Allowance not to exceed
one hundred forty-nine thousand seven hundred sixty 00/100 dollars
($149,760.00) in consideration of this Amendment as per Exhibit B
attached hereto.
5. Upon execution of this Amendment, Tenant shall pay to Landlord an
additional security deposit in the amount of fifty-eight thousand four
hundred six and 00/100 ($58,406.00) for a total security deposit of
$88,002.00.
6. Effective as of April 1, 1998, the following changes shall be made:
Tenant's share of Operating Expenses will increase from
13.00% to 37.99%.
Tenant's share of Tax Expense will increase from 26.00% to
75.99%.
Tenant's share of Utility Expense will increase from 13.00%
to 37.99%.
7. Broker's Fee Disclosure/Commission: Tenant represents and warrants
----------------------------------
that it has had no dealings with any real estate broker, agent or
finder in connection with the Premises except for Cornish & ▇▇▇▇▇
("Broker"). Who is entitled to a real estate brokerage commission or
finder's fee in connection with this proposed lease transaction.
Cornish & ▇▇▇▇▇ is acting as a dual agent with Landlord and Tenant's
acknowledgement. As such, Landlord shall pay a 50% fee which shall be
shared equally between the agents representing Landlord and Tenant.
Tenant further represents and warrants to Landlord that Tenant will
not receive (i) any portion of any proposed brokerage commission or
finder's fee payable to Broker in connection with this proposed lease
or (ii) any other form of compensation or incentive from Broker with
respect to this proposed lease.
1
8. Tenant shall not be liable for nor otherwise obligated to Landlord under
any provision of the Lease with respect to (i) any claim, remediation
obligation, investigation obligation, liability, cause of action,
attorney's fees, consultants' cost, expense or damage resulting from any
Hazardous Material present in, on or about the Premises or any of the
Buildings in Phase VI to the extent not caused nor otherwise permitted,
directly or indirectly, by Tenant or Tenant's Representatives, including
without limitation, any residual Hazardous Materials which are present in,
on or about the Premises, the Building or the Lot as of the Lease Date
including any residual hazardous substances referred to in Second Amendment
to Lease; or (ii) the removal, investigation, monitoring or remediation of
any Hazardous Material present in, on or about the Premises or the Building
caused by any source, including third parties other than Tenant and
Tenant's Representatives, as a result of or in connection with the acts or
omissions of persons other than Tenant or Tenant's Representatives;
provided, however, Tenant shall be fully liable for and otherwise obligated
to Landlord under the provisions of this Lease for all liabilities, costs
damages, penalties, claims, judgments, expenses (including without
limitation attorneys' and experts' fees and costs) and losses to the extent
Tenant or any of Tenant's Representatives contributes to the presence of
such Hazardous Materials or Tenant and/or any of Tenant's Representatives
exacerbates the conditions caused by such Hazardous Materials. At Tenant's
written request, Landlord shall make available for review by Tenant in
Landlord's offices any environmental reports, evaluations or information
bearing on the environmental condition of the Premises, any of the
Buildings in Phase VI or the Park to the extent same is in Landlord's
possession at Landlord's offices and the extent not otherwise treated as
confidential or otherwise protected under any attorney-client privilege,
attorney work-product privilege or similar laws.
9. Effect of Amendment: Except as modified herein, the terms and conditions of
-------------------
the Lease shall remain unmodified and continue in full force and effect. In
the event of any conflict between the terms and conditions of the Lease and
this Amendment, the terms and conditions of this Amendment shall prevail.
10. Definitions: Unless otherwise defined in this Amendment, all terms not
-----------
defined in this Amendment shall have the meaning set forth in the Lease.
11. Authority: Subject to the provisions of the Lease, this Amendment shall be
---------
binding upon and inure to the benefit of the parties hereto, their
respective heirs, legal representatives, successors and assigns. Each party
hereto and the persons signing below warrant that the person signing below
on such party's behalf is authorized to do so and to bind such party to the
terms of this Amendment.
12. The terms and provisions of the Lease are hereby incorporated in this
Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first above written.
TENANT:
Onsale, Inc.,
a Delaware corporation
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
--------------------------------
Its: V.P. Operations
--------------------------------
Date: 11/9/97
--------------------------------
LANDLORD:
LINCOLN MENLO VI,
A CALIFORNIA LIMITED PARTNERSHIP
By: Lincoln Property Company Management Services, Inc.,
As Manager and Agent for Owner
By: /s/
-------------------------------
Senior Vice President
Date: 12/1/97
-------------------------------
2
EXHIBIT A-1
EXPANSION PREMISES
Page 1 of 1
Lease dated August 8, 1997 as Amended on August 26, 1997, (First Amendment to
Lease), September 5, 1997 (Second Amendment to Lease) and November 5, 1997,
(Third Amendment to Lease) between
Onsale, Inc.,
a Delaware corporation
("Tenant"),
and
LINCOLN MENLO VI
A CALIFORNIA LIMITED PARTNERSHIP
("Landlord")
The Expansion Premises shall include 12,974 rentable square feet of Suite
202-204 and 24,960 rentable square feet of Suite 101 at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇
▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, for a total Expansion Premises of 37,934 rentable square feet,
as indicated by the cross hatched area below.
Graphic Omitted
INITIALS:
--------
TENANT: /s/ DS
--------------------------------
LANDLORD: /s/
------------------------------
3
Exhibit B To Lease Agreement
Tenant Improvements
This exhibit, entitled "Tenant Improvements", is and shall constitute EXHIBIT B
to that certain Lease Agreement dated August 8, 1997, as subsequently amended on
August 26, 1997 (First Amendment to Lease), September 5, 1997 (Second Amendment
to Lease) and November 5, 1997 (Third Amendment to Lease), (the "Lease") by and
between LINCOLN MENLO VI, a California Limited Partnership ("Landlord") and
ONSALE, INC., a Delaware Corporation ("Tenant") for the leasing of certain
premises located in the Willow Park at Building T, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇
▇▇▇-▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Premises"). The terms, conditions and
provisions of this EXHIBIT B are hereby incorporated into and are made a part of
the Lease. Any capitalized terms used herein and not otherwise defined herein
shall have the meaning ascribed to such terms as set forth in the Lease:
1. Tenant Improvements. Subject to the conditions set forth below, Landlord
-------------------
agrees to construct and install certain improvements ("Tenant Improvements") in
the Building of which the Premises are a part in accordance with Section 2 below
and pursuant to the terms of this EXHIBIT B.
---------
2. Definition. "Tenant Improvements" as used in this Lease shall include only
----------
those interior portions of the Building which are described below. "Tenant
Improvements" shall specifically not include any alterations, additions or
improvements installed or constructed by Tenant, and any of Tenant's trade
fixtures, equipment, furniture, furnishings, telephone equipment or other
personal property (collectively, "Personal Property"). The Tenant Improvements
shall include only those interior improvements to be made to the Premises as
specified in this Section 2 below and as shown in the plan(s) or scope of work
(collectively, the "Initial Plans") which will be prepared by Lincoln Property
Company. Such work, as set forth below and to be included in the Initial Plans
shall be hereinafter referred to as the "Work". Landlord shall not be obligated
to pay for any improvements which are not expressly set forth herein below. The
Tenant Improvements shall consist of the following Work:
(a) Install building standard carpet
(b) Paint interior premises
(c) Replace or add building standard ceiling tiles in areas to be
determined on the initial plans
(d) Demolition and installation of interior partitions, to be detailed in
the Initial Plans
3. Tenant Improvement Costs. The Tenant Improvements' cost (Tenant Improvement
------------------------
Costs") shall mean and include any and all costs and expenses of the Work,
including, without limitation, all the following:
(a) All costs of preliminary space planning and final architectural and
engineering plans and specifications (including, without limitation, the scope
of work, all plans and specifications, the Initial Plans and the final drawings)
for the Tenant Improvements, and architectural fees, engineering costs and fees,
and other costs associated with completion of said plans;
(b) All costs of obtaining building permits and other necessary
authorizations and approvals from the City of Menlo Park and other applicable
jurisdictions;
(c) All costs of interior design and finish schedule plans and
specifications including as-built drawings;
(d) All direct and indirect costs of procuring, constructing and
installing the Tenant Improvements in the Premises, including, but not limited
to, the construction fee for overhead and profit, the cost of all on-site
supervisory and administrative staff, office, equipment and temporary services
rendered by Landlord's consultants and the General Contractor in connection with
construction of the Tenant Improvements, and all labor (including overtime) and
materials constituting the Work;
(e) All fees payable to the General Contractor, architect and Landlord's
engineering firm if they are required by Tenant to redesign any portion of the
Tenant Improvements following Tenant's approval of the final drawings; and
(f) A construction management fee payable to Landlord in the amount of
five percent (5%) of all direct and indirect costs of procuring, constructing
and installing the Tenant Improvements in the Premises and the Building.
4. Tenant Improvement Allowance. Landlord and Tenant hereby acknowledge and
----------------------------
agree that the Tenant Improvement Costs for the Tenant Improvements, shall be
based upon the final drawings approved by Landlord and Tenant. If the actual
Tenant Improvement Costs varies from the Tenant Improvement Allowance
(hereinafter defined) by more than twenty-five percent (25%), then Landlord may
require any
4
of the following, in its sole discretion; (a) changes be made to the final
drawings to reduce the cost of the Tenant Improvements and Landlord may refuse
to sign any construction contract or Change Orders to the construction contract,
as the case may be, until such changes are made to the sole satisfaction of
Landlord; (b) Tenant to deposit into a separate escrow account cash in an amount
equal to the Excess Tenant Improvement Costs (defined in Section 5 below); (c)
Tenant to provide to Landlord evidence satisfactory to Landlord, in its sole
discretion, that Tenant has adequate financial resources to pay for the Excess
Tenant Improvement Costs, as solely determined by Landlord; and/or (d) Tenant to
pay all of the Excess Tenant Improvement Costs before Landlord's contribution of
the Tenant Improvement Allowance: provided, however, in no event or circumstance
shall the Tenant Improvement Costs exceed the maximum amount of four hundred
ninety-nine thousand two hundred and 00/100 Dollars ($499,200.00), which amount
is based on the amount of twenty and 00/100 Dollars ($20.00) per rentable square
foot for 24,960 square feet of the Premises which is to be improved, as
described in the Initial Plans. Subject to the foregoing, Landlord shall provide
an allowance for the planning and construction of the Tenant Improvements for
the work to be performed in the Premises, as described in the Initial Plans and
the final drawings, in the amount of one hundred forty nine thousand seven
hundred sixty and 00/100 Dollars ($149,760.00) (the "Tenant Improvement
Allowance") based upon an allowance of six and 00/100 Dollars ($6.00) per rental
square foot for 24,960 square feet of the Premises which is to be improved, as
described in the Initial Plans and the final drawings. Tenant shall not be
entitled to any credit, abatement or payment from Landlord in the event that the
amount of the Tenant Improvement Allowance specified above exceeds the actual
Tenant Improvement Costs. The Tenant Improvement Allowance shall only be used
for tenant improvements typically installed by Landlord in office/R&D buildings.
The Tenant Improvement Allowance shall be the maximum contribution by Landlord
for the Tenant Improvement Costs and shall be subject to the provisions of
Section 5 below.
5. Excess Tenant Improvement Costs. Prior to commencing the Work, Landlord
-------------------------------
shall submit to Tenant a written statement of the actual Tenant Improvement
Costs (the "Actual TI Costs") as then known by Landlord, and such statement
shall indicate the amount, if any, by which the Actual TI Costs exceeds the
Tenant Improvement Allowance (the "Excess Tenant Improvement Costs"). The term
"Excess Tenant Improvement Costs" shall also include the costs related to any
and all Change Orders. Tenant agrees, within three (3) days after submission to
it of such statement, to execute and deliver to Landlord, in the form then in
use by Landlord, an authorization to proceed with the Work. Tenant shall
faithfully pay all of the Excess Tenant Improvement Costs to Landlord in cash,
concurrently with Tenant's delivery to Landlord of the aforementioned signed
written authorization to proceed. No Work shall be commenced until Tenant has
fully complied with the preceding provisions of this Section 5. If Tenant fails
to remit the sums so demanded by Landlord pursuant to Section 4 above and this
Section 5 within the time periods required, Landlord may, at its option, declare
Tenant in default under the Lease.
6. Change Requests. No changes or revisions to the approved final drawings
---------------
shall be made by either Landlord or Tenant unless approved in writing by both
parties. Upon Tenant's request and submission by Tenant (at Tenant's sole cost
and expense) of the necessary information and/or plans and specifications for
any changes or revisions to the approved final drawings and/or for any work
other than the Work described in the approved final drawings ("Change Requests")
and the approval by Landlord of such Change Request(s), which approval Landlord
agrees shall not be unreasonably withheld, Landlord shall perform the additional
work associated with the approved Change Request(s), at Tenant's sole cost and
expense, subject, however, to the following provisions of this Section 11. Prior
to commencing any additional work related to the approved Change Request(s),
Landlord shall submit to Tenant a written statement of the cost of such
additional work and a proposed tenant change order therefor ("Change Order") in
the standard form then in use by Landlord. Tenant shall execute and deliver to
Landlord such Change Order and shall pay the entire cost of such additional work
in the following described manner. Any costs related to such approved Change
Request(s), Change Order and any delays associated therewith, shall be added to
the Tenant Improvement Costs and shall be paid for by Tenant as and with any
Excess Tenant Improvement Costs as set forth in Section 10 above. The billing
for such additional costs to Tenant shall be accompanied by evidence of the
amounts billed as is customarily used in the business. Costs related to approved
Change Requests and Change Orders shall include, without limitation, any
architectural or design fees, Landlord's construction fee for overhead and
profit, the cost of all on-site supervisory and administrative staff, office,
equipment and temporary services rendered by Landlord and/or Landlord's
consultants, and the General Contractor's price for effecting the change. If
Tenant fails to execute or deliver such Change Order, or to pay the costs
related thereto, then Landlord shall not be obligated to do any additional work
related to such approved Change Request(s) and/or Change Orders, and Landlord
may proceed to perform only the Work, as specified in the final drawings.
7. Building Standard Work. Landlord shall provide that the Tenant
----------------------
Improvements be at least equal, in quality, to Landlord's building standard
materials, quantities and procedures then in use by Landlord ("Building
Standards") attached hereto as Exhibit B-1, and shall consist of improvements
which are generic in nature.
8. Tenant Access. Landlord, in Landlord's reasonable discretion and upon
-------------
receipt of a written request from Tenant, may grant Tenant a license to have
access to the Premises prior to the Completion
5
Date to allow Tenant to do other work required by Tenant to make the Premises
ready for Tenant's use and (the "Tenant's Pre-Occupancy Work"). It shall be a
condition to the grant by Landlord and continued effectiveness of such license
that:
(a) Tenant shall give to Landlord a written request to have such access
not less than five (5) business days prior to the date on which such proposed
access will commence (the "Access Notice"). The Access Notice shall contain or
be accompanied by each of the following items, all in form and substance
reasonably acceptable to Landlord; (i) a detailed description of and schedule
for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all
contractors, subcontractors and material suppliers and all other
representatives of Tenant who or which will be entering the Premises on behalf
of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials
for such work, and the approximate number of individuals, itemized by trade, who
will be present in the Premises; (iii) copies of all contracts, subcontracts,
material purchase orders, plans and specifications pertaining to Tenant's
Pre-Occupancy Work; (iv) copies of all licenses and permits required in
connection with the performance of Tenant's Pre-Occupancy Work; (v) certificates
of insurance (in amounts satisfactory to Landlord and with the parties
identified in, or required by, the Lease named as additional insureds) and
instruments of indemnification against all claims, costs, expenses, penalties,
fines, and damages which may arise in connection with Tenant's Pre-Occupancy
Work; and (vi) assurances of the ability of Tenant to pay for all of Tenant's
Pre-Occupancy Work and/or a letter of credit or other security deemed
appropriate by Landlord securing Tenant's lien-free completion of Tenant's
Pre-Occupancy Work.
(b) Such pre-term access by Tenant and Tenant's employees, agents,
contractors, consultants, workmen, mechanics, suppliers and invitees shall be
subject to scheduling by Landlord.
(c) Tenant's employees, agents, contractors, consultants, workmen,
mechanics, suppliers and invitees shall fully cooperate, work in harmony and
not, in any manner, interfere with Landlord or Landlord's agents or
representatives in performing the Work and any additional work pursuant to
approved Change Orders. Landlord's work in other areas of the Building or the
Park, or the general operation of the Building. If at any time any such person
representing Tenant shall not be cooperative or shall otherwise cause or
threaten to cause any such disharmony or interference, including, without
limitation, labor disharmony, and Tenant fails to immediately institute and
maintain corrective actions as directed by Landlord, then Landlord may revoke
such license upon twenty-four (24) hours' prior written notice to Tenant.
(d) Any such entry into and occupancy of the Premises or any portion
thereof by Tenant or any person or entity working for or on behalf of Tenant
shall be deemed to be subject to all of the terms, covenants, conditions and
provisions of the Lease, excluding only the covenant to pay Rent. Landlord
shall not be liable for any injury, loss or damage which may occur to any of
Tenant's Pre-Occupancy Work made in or about the Premises or to any property
placed therein prior to the commencement of the term of the Lease, the same
being at Tenant's sole risk and liability. Tenant shall be liable to Landlord
for any damage to any portion of the Premises, the Work or the additional work
related to any approved Change Orders caused by Tenant or any of Tenant's
employees, agents, contractors, consultants, workmen, mechanics, suppliers and
invitees. In the event that the performance of Tenant's Pre-Occupancy Work
causes extra costs to be incurred by Landlord or requires the use of other
Building services. Tenant shall promptly reimburse Landlord for such extra
costs and/or shall pay Landlord for such other Building services at Landlord's
standard rates then in effect.
9. Lease Provisions; Conflict. The terms and provisions of the Lease, insofar
--------------------------
as they are applicable, in whole or in part, to this EXHIBIT B, are hereby
---------
incorporated herein by reference, and specifically including all of the
provisions of Section 31 of the Lease. In the event of any conflict between the
terms of the Lease and this EXHIBIT B, the terms of this EXHIBIT B shall
--------- ---------
prevail.
6
Exhibit B-1
Building Standards
OFFICE AREA
Demising Partition and Corridor Walls:
A. 6" 20-gauge metal studs at 24" O.C. (or as required by code for span)
framed full height from finish floor to structure above
B. One (1) layer 5/8" drywall Type "X" both sides of wall, fire taped
only
Interior Partitions:
A. 3 5/8" 25-gauge metal studs 24" O.C. to bottom of T-bar ceiling grid
approximately 9'-0' high
B. Top track to be pre-formed slotted aluminum taped in
C. One (1) layer 5/8" drywall both sides of wall, taped texture ready for
paint
D. 3 5/8" metal studs including all lateral bracing as required by code
Perimeter Drywall (at office areas):
A. One (1) layer 5/8" Type "X" drywall taped texture ready for paint
B. Provide alternate to texture concrete in lieu of furring walls
Column Furring:
A. Furring channel all sides
B. One (1) layer 5/8" drywall taped texture and ready for paint
C. Provide deductive alternate for texturing columns where there are no
pipes to be furred out
Acoustical Ceilings:
A. 2' x 4' standard white T-bar grid system as manufactured by Chicago
Metallic or equal
B. 2' x 4' x 5/8" white, fissured, non-directional acoustical tile to be
Cortega as manufactured by ▇▇▇▇▇▇▇▇▇ or equal
Painting:
A. Sheetrock walls to receive two (2) coats of interior flat latex paint
as manufactured by ▇▇▇▇▇ ▇▇▇▇▇ or equal. Some portions of second coat
to be single accent color.
B. Provide a deductive alternate for not painting warehouse walls
Window Covering:
A. 1" aluminum mini-blinds as manufactured by Levelor or equal, color to
be selected by Landlord or Landlord's agent
B. Blinds to be sized to fit window module
VCT:
VCT to be 1/8" x 12" x 12" as manufactured by ▇▇▇▇▇▇▇▇▇ - Excelon Series or
equal
Light Fixtures:
2' x 4' T-bar lay in 3-tube energy efficient fixture with cool white
fluorescent tubes with prismatic acrylic lens as manufactured by Lithonia
or equal
Light Switches:
A. Double switching as required by Title 24
B. Switch assembly to be Leviton, color - Ivory
1
Electrical Outlet:
A. 110-v duplex outlet in demising or interior partitions only, as
manufactured by Leviton, color to be Ivory
B. Eight (8) outlets per circuit, spacing to meet code (2 per office)
C. Transformers to be a minimum of 20% or over required capacity
D. Contractors to inspect electric room and to include all necessary
metering costs
E. No aluminum wiring is acceptable
Telephone Outlet:
A. One (1) single outlet box in wall with pullwire from outlet box to
area above T-bar ceiling per office
B. Cover plate for phone outlets to be included
Fire Sprinklers:
As required by fire codes
Topset Base:
A. 4" rubber base as manufactured by ▇▇▇▇▇ or equal, standard colors only
B. 4" rubber base at VCT areas
Toilet Areas:
Wet walls to receive marlite up to 48". Floors to receive sheetvinyl and
cove base as required by code
Carpet:
Minimum 30 ounce, commercial grade, level loop, UM44-C. Type 1 Class 1.
100% continuous filament. 5-year wear guarantee. Glue down, no pad.
Wood Doors:
Shall be 3' -0" x 9' -0" x 1 3/4" (unless otherwise specified) solid core,
prefinished birch "Cal-Wood" B-3 or equal if approved by Landlord.
Door Frames:
Shall be ACI or equal, 3 3/4" or 4 7/8" throat, aluminum, dark bronze
anodized, snap-on trim
Hardware:
Shall be "Schlage", a lever type "▇▇▇▇▇" D series, dark bronze 613 finish,
2 3/4" backset. Closers (where required) shall be Duro X PA X SN-1
Insulation:
By Title 24 insulation
Plumbing:
A. Shall comply with all local codes and handicapped code requirements.
Fixtures shall be either "American Standard", "▇▇▇▇▇" or "▇▇▇▇▇▇". All
toilet accessories and grab bars shall be "Bobrick" or equal if
approved by Landlord.
B. Plumbing bid shall include 5 gallon minimum, or insta hot with mixer
valve electric water heater
Toilet Partitions:
Shall be as manufactured by Fiat, global or equal if approved by Landlord.
Color shall be chosen by Tenant.
2
HVAC:
Five (5) year warranty provided on all HVAC compressor units. All penetrations
and sleeper supports to be hot mopped to Landlord's standard. Provide
alternate price for electric heat pumps at conditioned spaces. Provide time
overlay switch at compressors.
Warehouse Areas:
Floor - sealed concrete
Fire Extinguishers - 2A 10 BC surface mount by code x by S.F.
Lighting - 1x8 strip lighting single tube chain hung 25ft.
Draft stops - by code UBC 1994 Edition
Service electrical outlets - HVAC or heaters at Tenant's cost
(400 W metal halide lighting are acceptable in lieu of strip lighting at
warehouse minimum 15 F.C.)1
INITIALS:
--------
TENANT: /s/ DS
--------------------------
LANDLORD: /s/
--------------------------
3