Exhibit 10(a)
STATE OF SOUTH CAROLINA ) COMMERCIAL SPACE LEASE
) PLANTATION BUSINESS PARK
COUNTY OF BEAUFORT )
THIS LEASE, made as of November 19/th/, 1999 by and between Carolina Office
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Park, LLC, owners of #7 Plantation Park Drive, Plantation Business Park,
Bluffton, South Carolina, 29910, (hereinafter referred to as the "Landlord") and
▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, d.b.a., Millionaire Magazine (hereinafter referred to as the
"Tenant").
WHEREAS, Landlord is the owner of #▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ desires to lease
to Tenant and Tenant desires to lease from Landlord certain office space:
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter specified, the parties agree as follows:
ARTICLE I
GRANT AND TERM
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1.01 The Landlord hereby leases to the Tenant and the Tenant hereby takes
and rents from the Landlord: Office space consisting of approximately 3625
square feet within #7 Plantation Park Drive, Plantation Business Park, Bluffton,
South Carolina 29910 (hereinafter referred to as the "Leased Premises"). It is
expressly acknowledged and agreed by the Tenant that Tenant has inspected the
Leased Premises and has agreed and desires to lease the space as shown, and that
it is not relying on the stated square footage above, which may be approximate.
See Schedule A (2 parts, attached).
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1.02 The commencement date of this lease is upon completion of attached
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improvements (Schedule C) or tenant's occupancy, whichever comes first.
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Actual date: ______________. Initials ______ / ______.
1.03 The termination date of this lease is one calendar year from date of
commencement of this lease as stated in paragraph 1.02.
1.04 Tenant shall be permitted to perform the following previously
approved tenant improvements.
a) Installation of "mini-kitchen" area including necessary plumbing at
Tenant's expense up to a $4000 maximum cost.
b) Installation of necessary communication lines at Tenant's expense. Site
plan for installation must be submitted to Landlord and approved in writing to
Tenant prior to installation. Reasonable easement will be granted with the
understanding there will be no permanent damage to site. Any temporary damage to
site must be restored to its original state within a reasonable amount of time.
Upon termination or expiration of lease, Landlord may, at it's discretion,
require lines be removed and site restored to its original state at the expense
of Tenant.
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ARTICLE II
RENT
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2.01 (a) The Tenant shall pay the Landlord rent for the initial term of
the lease on a monthly basis on the following schedule:
BASE RENT $13 per square foot, $3927.00 per month, during the first
calendar year after inception of lease as stated in paragraph 1.02.
CAMTIM: Will be billed pro-rata based on square footage leased in
the building for those items described in paragraph 2.03. Tenant's leased space
is equal to 32% of total space.
(b) Base rents thereafter will increase as follows (if left blank,
increase will be 5% per year):
2/nd/ year Base rent will be $3927.00 per month.
3/rd/ year Base rent will be $4123.00 per month
4/th/ year Base rent will be $4227.00 per month.
2.02 Tenant has three (3) one-year renewal options upon all the same terms
and conditions hereof, at a rental rate to be negotiated and agreed to between
the parties hereto. Tenant shall deliver in writing to Landlord at the above
address a notice to renew no later than ninety (90) days prior to the
termination of the initial lease term or each renewal term. Failure to exercise
said options shall result in the expiration thereof.
2.03 It is the intention of the Landlord and the Tenant that the rent
herein specified shall be net to the Landlord in each year during the term of
the lease. All costs, expenses and obligations of every kind relating to the
Leased Premises, including but not limited to a proportionate share (based on
square footage) of indoor and outdoor common area and building maintenance and
repair, utilities, real estate taxes, fees and assessments, insurance, trash,
any waste disposal, reasonable management and accounting fees and other expenses
reasonably related to leased space at #▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (hereinafter
referred to a "CAMTIM"), which may arise or come due during the terms of this
Lease, shall be paid by the TENANT, and the Landlord shall be indemnified by the
Tenant against such costs, expenses and obligations.
Tenant shall be responsible during the Lease term and any renewals thereof
for the payment of utility charges and other services that are billed directly
in the Tenant's name.
2.04 The said base rent and CAMTIM shall be paid to the Landlord on the
first (1/st/) day of every month at the address indicated above, without notice
or demand abatement, deduction, counterclaim or setoff. The rent shall be paid
in equal monthly installments in advance on the first day of each calendar month
during the term of this Lease. Rents not paid by 5 p.m. on the tenth (10th) day
of the month will be subject to a ten percent (10%) late payment penalty,
assessed per month for each late payment.
2.05 In the event of default by Tenant under this Lease, Landlord shall
have the right, in its sole discretion, to pay or perform any of the
requirements and duties of the Tenant hereunder, in which event Tenant shall
immediately reimburse Landlord for any such sums actually expended by Landlord.
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2.06 [PARAGRAPH WAIVED] Tenant, concurrently (or previously) with the
execution of this Lease, has deposited with Landlord the sum of $___________
(the "Security Deposit") as security for the full and faithful performance of
every provision of this Lease to be performed by Tenant. If Tenant defaults with
respect to any provision of the Lease, including but not limited to the
provisions relating to the payment of rent, landlord may use, apply or retain
the Security Deposit against all or any other sum in default, or for the payment
of any other amount which Landlord may spend or become obligated to spend by
reason of Tenant's default. If any portion of the Security Deposit is so used or
applied, Tenant shall within five (5) days after written demand, deposit cash
with landlord in an amount sufficient to restore the Security Deposit to its
original amount. Landlord shall not be required to keep the Security Deposit
separate from its general funds and Tenant shall not be entitled to interest on
such deposit. If Tenant shall fully and faithfully perform each provision of
this Lease to be performed by it, the Security Deposit or any balance thereof
shall be returned to Tenant (or at Landlord's option, to the last assignee of
Tenant's interest hereunder) at the expiration of the lease term and upon
Tenant's vacating the premises.
ARTICLE III
USE AND OCCUPATION
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3.01 During the term of this Lease, or any renewal thereof, the Leased
Premises shall be used and occupied as office space. The Tenant shall not use
the Leased Premises for any other purpose or in violation of any law, municipal
ordinance or regulation.
3.02 If Landlord is unable to give possession of the Leased Premises on
the date of commencement of the term because of the holding-over or retention of
possession of any tenant, undertenant or occupant, Landlord shall not be subject
to any liability for failure to give possession. The lease shall not be
impaired, but the rent shall be abated, provided the Tenant is not responsible
for the inability to obtain possession, until the Leased Premises is ready for
Tenant's occupation.
3.03 The Landlord has not conveyed to the Tenant any right in or to the
outer side of the outside walls of the building of which the leased property
forms a part, or to any windows, doors, or interior walls. The Tenant shall not
display or erect any lettering, sign, advertisement, awning or other projection
in or on the Leased Premises, or in or on the building of which it forms a part,
without the prior written consent of the Landlord.
3.04 Tenant and its employees who work within the Leased Premises shall
have the right to park a reasonable number of cars in the #▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇ parking lot. Tenant shall not be allowed to otherwise use said parking lot
without the express written consent of Landlord except as provided in Section
3.05.
3.05 After normal business hours Monday through Friday, and on weekends,
Tenant shall be allowed to utilize extra parking space to conduct business as
needed without prior consent of Landlord. Tenant is responsible for leaving
premises in a clean condition after such use at Tenant's own cost and expense.
Furthermore, Tenant agrees to hold Landlord harmless from all responsibility
that may arise from such use.
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3.06 Tenant agrees to faithfully observe and strictly comply with rules
and regulations as stated in Schedule B attached. Landlord may also adopt
further regulations from time to time concerning the preservation of the Leased
Premises, building and adjoining property. The Rules and Regulations are made a
part of this lease.
ARTICLE IV
MAINTENANCE
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4.01 It is mutually agreed between the parties that the Tenant is to keep
the interior of the Leased Premises in repair at its own cost and expense;
including, but not limited to, such items as housekeeping, window cleaning,
replacement of light bulbs, ballasts, etc. and any necessary repainting. Tenant
is responsible to maintain and keep in good repair all plumbing fixtures within
the Leased Premises. Tenant hereby agrees to maintain the interior of the Leased
Premises in a reasonable manner and return the same to the Landlord at the
expiration of this Lease in a like condition, normal wear and tear excepted.
4.02 In the event of failure in or damage to the physical plant, the
Landlord shall use due diligence to relieve the situation in as short a time as
reasonably possible.
4.03 The Tenant, in maintaining the Leased Premises, shall keep and
maintain it in a clean, sanitary and safe condition in accordance with the laws
of the State of South Carolina, in accordance with all directions, rules, and
regulations of the Health Officer, Fire ▇▇▇▇▇▇▇▇, Building Inspector, or other
official person of governmental agencies having jurisdiction over the property.
ARTICLE V
ALTERATIONS
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5.01 Except as provided for in Section 1.04 of this Lease, the Tenant
shall not have the right to make alterations or improvements to the Leased
Premises, including the remodeling of the building, without obtaining prior
written approval of the Landlord.
5.02 All alterations, decorations, additions and improvements made by the
Tenant, whose removal would substantially and materially (i.e. repair cost
exceeds $100.00 overall) damage the Leased Premises, shall become the property
of the Landlord.
5.03 Permanently constructed improvements in place at time of occupancy
are and will remain the property of the Landlord. Changes can be made only with
the Landlord's consent.
ARTICLE VI
INDEMNITY AND INSURANCE
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6.01 The Tenant shall indemnify the Landlord and save it harmless from and
against any and all claims, common actions, damages, liabilities, and expenses
except as caused in whole or in part by accident or negligence of the Landlord,
in connection with loss of life, personal injury and/or damage to the property
arising from or out of any occurrence in or at the Leased
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Premises, or from the occupancy or use by the Tenant of the Leased Premises or
any part thereof, or occasioned wholly or in part by any act or omission of the
Tenant, or agents of the Tenant. The Tenant shall also pay all costs, expenses
and reasonable attorney fees that may be incurred or paid by the Landlord in
enforcing the covenants and agreements of this Lease.
6.02 During the term of this lease, the Tenant shall keep its personal
property in the Leased Premises insured, at its sole cost and expenses, against
claims, fire and other risks in a broad form coverage and for personal injury
under a policy of general public liability insurance with a limit of at least
Five Hundred Thousand ($500,000.00) Dollars. Such policy shall name the Landlord
as an additional insured. Within thirty (30) days after a request by the
Landlord, the Tenant shall deliver to the Landlord proof that such insurance has
been purchased and is in full force and effect. Both the Landlord and any
mortgages holding a security interest in the real property shall have the
reasonable right to specify insurance company or carriers, which shall carry the
policies. Failure to pay premiums or deliver certificates as stated shall permit
Landlord, at its option, to procure such insurance and pay the required
premiums, which payment shall be due immediately to the Landlord, or to
terminate the lease.
6.03 The Landlord and all mortgagees shall be additional named insured on
all policies.
ARTICLE VII
UTILITIES AND TAXES
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7.01 The Landlord shall not be liable or responsible for any interruption
of any utility or other service, including but not limited to the heating and
air conditioning system, or interruption in connection with the making of
repairs, on the building or on the Leased Premises.
7.02 Tenant shall pay all personal property taxes and assessments on its
property in the Leased Premises, as well as all utility services in its name.
ARTICLE VIII
ASSIGNING AND SUBLETTING
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a) The Tenant does not have the right to assign or sublet this Lease in
whole or in part without the express written consent of the Landlord, which
consent may be withheld for any reason, at the sole discretion of the Landlord.
ARTICLE IX
DESTRUCTION OF THE LEASED PREMISES
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9.01 Should the Leased Premises be so damaged by fire or other cause that
rebuilding or repairs cannot be completed within sixty (60) days from the date
of the fire or other cause of damage, then either the Landlord or Tenant may
terminate this Lease, in which event rent shall be abated from the date of such
damage or destruction. However, if the damage or destruction is such that
rebuilding or repairs can be completed within sixty (60) days, then Landlord
covenants and agrees to make such repairs with reasonable promptness and
dispatch, and to allow Tenant
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an abatement in the rent for such time as the building is unusable or
proportionately for such portion of the Leased Premises as shall be unusable and
the Tenant covenants and agrees that the terms of this Lease shall not be
otherwise affected. Landlord shall not be liable for any damages, compensation
and claims, inconvenience, loss of business or annoyance arising from any repair
or restoration of any portion of the Leased Premises.
ARTICLE X
EMINENT DOMAIN
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10.01 If the whole of the Leased Premises shall be taken by public
authority under the power of Eminent Domain, or sold under threat of such
proceedings to condemn, then this Lease shall cease from the time when
possession is taken by such public authority and the rent shall be paid up to
that date. The Landlord shall make proportionate refund of such rent as may have
been paid in advance. If any part of the Leased Premises shall be so taken as to
render the remainder thereof unusable for the purposes for which the Leased
Premises were leased, then the Landlord and the Tenant shall each have the right
to terminate this Lease on thirty (30) days notice to be given the other within
ninety (90) days after the date of such taking.
10.02 All compensation awarded or paid upon such a total or partial taking
of the Leased Premises as shall be attributable to the Leased Premises owned by
the Landlord shall belong to and be the property of the Landlord without any
participation by the Tenant; provided, however, that nothing contained herein
shall be construed to preclude the Tenant from prosecuting any claim directly
against the condemning authority in such condemnation proceeding for loss or
damage to, or cost of removal of, or the value of stock, trade fixtures,
furniture, belonging to the Tenant.
ARTICLE XI
DEFAULT OF TENANT
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11.01 In addition to all rights under law and equity available to
Landlord, Landlord shall have the immediate right to declare this Lease
terminated and shall have the immediate right of re-entry and may remove all
persons and property from the Leased Premises and such property may be removed
and stored in a public warehouse or elsewhere at a cost, and for the account of
the Tenant, without evidence of notice or resort to legal process and without
being deemed guilty of trespass or becoming liable for any loss or damages which
may be occasioned thereby.
11.02 Upon a declaration of default, as set forth above, the Landlord
shall have the right to accelerate the rental payments due hereunder, so that
all unpaid rents shall become immediately due and payable.
11.03 The rights set forth above are collective in nature and are not
mutually exclusive of any other remedy contained herein or at law.
11.04 Landlord shall be entitled to collect from the Tenant reasonable
attorney fees and costs in any litigation enforcing the terms and provisions of
this Lease. Landlord shall be entitled to collect reasonable attorney fees and
costs from Tenant in connection with any litigation in which the Landlord is
named a party as a result of some action or inaction of the Tenant. In the
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event of a default by the Landlord, the Tenant shall have all remedies available
under law or equity.
11.05 Prior to default occurring under the terms of this Lease, the non-
defaulting party must give a written notice of the right to cure the default to
the defaulting party. Said notice must provide the nature of the default, the
action necessary to cure the default, and ten (10) days to cure same. If the
default, other than monetary default, is of a nature that cannot be cured within
ten (10) days, a reasonable period of time shall be allowed to cure said default
if the defaulting party, with all due diligence, proceeds to cure same.
11.06 The failure on the part of the Landlord to re-enter or repossess the
Leased Premises, or to exercise any of its rights hereunder upon any default,
shall not be deemed a waiver of any subsequent default or defaults. All of
Landlord's rights shall be cumulative and shall not preclude Landlord from
exercising any other rights which he may have under law.
ARTICLE XII
ACCESS BY LANDLORD
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12.01 The Landlord or Landlord's agent shall have the right to enter the
Leased Premises at all reasonable times to examine the same and show them to
prospective purchasers or tenants so long as such entry by Landlord shall not
unreasonably interfere with Tenant's business. In addition, the Landlord or
Landlord's agent shall have the right to enter the Leased Premises upon the
Tenant's failure to comply with its covenants.
ARTICLE XIII
QUIET ENJOYMENT
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13.01 The Tenant shall peaceably and quietly hold and enjoy the Leased
Premises for the Term herein stated without hindrance or interruption by the
Landlord or any other person or persons lawfully or equitably claiming by,
through or under the Landlord, subject, nevertheless, to the terms and
conditions of this Lease.
ARTICLE XIV
SURRENDER UPON TERMINATION
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14.01 Upon vacating the Premises, Tenant shall leave all portions thereof,
the maintenance for which Tenant is responsible pursuant to this Lease, in good
order and repair, ordinary wear and tear and reasonable use and damage by the
elements excepted, and shall remove all of Tenant's property so that the
Landlord can repossess the Leased Premises not later than noon on the day upon
which the Lease or any extensions thereof ends, whether upon notice or by
holdover or otherwise. The Landlord shall have the same rights to enforce this
covenant by an ejection action or eviction action and for damages or otherwise
as for the breach or any other condition or covenant of this lease. The Tenant
may at any time prior to or upon the termination of this Lease, or any renewal
or extension thereof, remove from the Leased Premises all materials, equipment
and property of every other sort or nature installed by the Tenant thereon,
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provided that such property is removed without substantial or material injury
(i.e. cost to repair does not exceed $100.00 overall) to the Leased Premises.
14.02 In the event Tenant continues to occupy the Leased Premises after
the last day of the Lease term, or after the last day of any extension of said
term, with Landlord's acquiescence and without any express agreement of the
parties, Tenant shall be a Tenant at will at a monthly rate equal to one hundred
and fifty percent (150%) of the current annual rent and there shall be no
renewal of this Lease by operation of law.
ARTICLE XV
SUBORDINATION
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15.01 This Lease shall be subject and subordinate at all times to any
existing or future Mortgage, secured by the premises. Although no instrument or
act on the part of the Tenant shall be necessary to effectuate such
subordination, the Tenant will, nevertheless, execute and deliver such further
instruments requested by the Mortgagee or Landlord. The Landlord and Tenant
agree that the Landlord may cause this Lease or a copy thereof, to be recorded
in the Office of the Clerk of Court for Beaufort County, South Carolina.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
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16.01 This Lease shall be governed by, construed, and enforced in
accordance with the laws of the State of South Carolina.
16.02 The covenants, terms, conditions, provisions, and understandings in
this Lease or in any renewal thereof, shall extend to and be binding upon the
successors and assigns, heirs and executors, of the respective parties hereto,
as if they were in every case named and expressed and shall be construed as
covenants running with the land; and wherever reference is made to either of the
parties hereto, it shall be held to include and apply to all the successors and
assigns of such parties, as if each and every case so expressed.
16.03 The parties agree to execute and deliver any instruments in writing
necessary to carry out any agreement, terms, conditions, or assurance in this
Lease whenever occasion shall arise and request for such instrument shall be
made, including a "short form lease" for recording purposes to evidence the
understandings of the parties.
16.04 This agreement contains the entire agreement and understanding
between the parties. There are no oral understandings, terms or conditions, and
neither party has relied upon any representation, express or implied, not
contained in this Lease or the simultaneous writings heretofore referred to. All
prior understandings, terms, or conditions are deemed to be merged in this
Lease. No subsequent alteration, amendment or conditions to this Lease shall be
binding upon the Landlord or the Tenant unless reduced to writing and signed by
each party.
16.05 If any provision of this Lease shall be declared invalid or
unenforceable, the remainder of the Lease shall continue in full force and
effect.
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16.06 Time is of the essence of this Lease.
16.07 The Landlord shall not be liable for injury or damage to person or
property occurring within the Leased Premises, unless caused by or resulting
from the negligence of the Landlord or any of the Landlord's agents, servants,
or employees in the operation or maintenance of the leased Premises or the
building containing the Leased Premises.
16.08 No failure of Landlord to exercise any power given by Landlord
hereunder or to insist upon absolute and strict compliance by Tenant with
Tenant's obligations hereunder shall constitute a waiver of Landlord's right to
demand exact compliance with the terms hereof.
16.09 The Landlord shall have the right without notice to Tenant to sell
or assign his interest in this Lease.
16.10 In the event that the Town, or any other governmental body or
authority requires any inspections, fees, or modifications to the Leased
Premises, or any utilities servicing same as a result of the business operations
of the Tenant, the Tenant agrees to pay for any such modification, fee, or
inspection. An example of such item would be the requirement to install a back-
flow preventer.
16.11 Any notice hereunder shall be deemed to have been given by
depositing in the first-class mail, return receipt requested, to the following:
Carolina Office Park, LLC, c/o ▇▇▇▇▇▇ ▇▇▇▇▇▇, Post Office Box 23049, ▇▇▇▇▇▇
▇▇▇▇, ▇▇ ▇▇▇▇▇ and to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Attorney for Carolina Office Park,
LLC, ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇.
(blank space)
16.12 WAIVER OF JURY TRIAL -- The parties to this Lease Agreement hereby
expressly waive any right to request a jury trial in connection with any dispute
or matter under this Lease Agreement.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement the date
and year first written above.
WITNESSES: LANDLORD:
________________________________ CAROLINA OFFICE PARK, LLC
________________________________
By /s/
---------------------------------
Its Member
________________________________ TENANT:
________________________________ By /s/
---------------------------------
Its Vice President
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SCHEDULE A-1
Architectural drawing of office space for ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ for 3,625 square feet
within #7 Plantation Park Drive, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇.
SCHEDULE A-2
Continuation of architectural drawing of office space for ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ for
3,625 square feet within #7 Plantation Park Drive, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇.
SCHEDULE "B"
Attached to and made part of Lease, dated November 19/th/, 1999 between Carolina
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Office Park, LLC, and ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
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Tenant agrees for itself, its employees, agents, clients, customers, invitees
and guests, to comply fully with the following rules and regulations and with
such reasonable modification thereof and additions thereto as Landlord may make
for the building:
a) Any sign, lettering, picture, notice or advertisement installed within the
Premises which is visible from the public corridors within the Building
shall be installed in such manner and be of such character and style as
Landlord shall approve in writing. No sign, lettering, picture, notice or
advertisement shall be placed on any outside window or in a position to be
visible from outside the Building.
b) Tenant shall not use the name of the Building for any purpose other than
that of the business address of Tenant, and shall not use any picture or
likeness of the Building in any circulars, notices, advertisements or
correspondence.
c) Tenant shall not obstruct sidewalks, entrances, passages, courts,
corridors, vestibules, halls, elevators and stairways in or about the
Building, nor shall Tenant place objects against glass partitions, doors or
windows which would be unsightly from the Building's corridors, or from the
exterior of the Building.
d) No animals or pets or bicycles or other vehicles shall be brought or
permitted to be in the Building or the Premises.
e) Tenant shall not make excessive noises, cause disturbances or vibrations,
or use or operate any musical electrical or electronic devices or other
devices that emit loud sounds or air waves which may disturb or annoy other
tenants or occupants of the building.
f) Tenant shall not make any room-to-room canvass to solicit business from
other tenants of the building and shall cooperate to prevent same.
g) Tenants shall not create any odors which may be offensive to other tenants
or occupants of the Building.
h) Tenant shall not waste electricity, water or air-conditioning, and shall
cooperate fully with Landlord to assure the most effective operation of the
Building's heating and air-conditioning. Tenant shall not adjust any
controls other than room thermostats installed for Tenant's use. Tenant
shall not tie, wedge or otherwise fasten open any water faucet or outlet.
Tenant shall keep all corridor doors closed.
i) No additional locks or similar devices shall be attached to any door and no
locks shall be changed except by Landlord. Upon termination of this Lease
of Tenant's possession of the Premises, Tenant shall surrender all keys for
door locks and other locks in or about the
Premises and shall make known to Landlord the combination of all locks,
safes, cabinets and vaults which are not removed by Tenant.
j) Tenant assumes full responsibility for protecting the Premises from theft,
robbery, and pilferage. Except during Tenant's normal business hours,
Tenant shall keep all doors to the premises locked and other means of entry
to the Premises closed and secured.
k) Tenant shall not install or operate any machinery or mechanical devices of
a nature not directly related to Tenant's ordinary use of the Premises.
l) Tenant shall not employ any person to perform any cleaning, repairing,
janitorial, decorating, painting or other services or work in or about the
Premises, except with the approval of Landlord, which approval shall not be
unreasonably withheld.
m) Tenant shall ascertain from Landlord the maximum amount of electrical
current which can safely be used in the Premises, taking into account the
capacity of the electric wiring in the Building and the Premises and the
needs of other tenants, and shall not use more than such safe capacity.
Landlord's consent to the installation of electric equipment shall not
relieve Tenant from the obligation not to use more electricity than such
safe capacity.
n) Tenant shall not overload any floor and shall not install any heavy
objects, safes, business machines, files or other equipment without having
received Landlord's prior written consent as to size, maximum weight,
routing and location thereof. Safes, furniture, equipment, machines and
other large or bulky articles shall be brought through the Building and
into and out of the Premises at such times and in such a manner as the
Landlord shall direct (including the designation of elevator) and at
Tenant's sole risk and responsibility. Prior to Tenant's removal of any
such articles from the Building, Tenant shall obtain written authorization
therefor at the Office of the Building and shall present such writing to a
designated employee.
o) Tenant shall not in any manner deface or damage the Building.
p) Tenant shall not bring into the Building or Premises inflammables such as
gasoline, kerosene, naptha and bezine, or explosives or any other articles
of an intrinsically dangerous nature.
q) Movement in or out of the Building of furniture or office equipment, or
dispatch or receipt by Lessee of any merchandise or materials other than
hand-delivered packages, which requires the use of elevators or stairways
or movement through the building entrances or lobby, shall be restricted to
the hours designated by Landlord and in a manner agreed upon between Tenant
and Landlord by pre-arrangement before performance. Tenant assumes all risk
of damage to any and all articles so moves, as well as injury to any person
or property in such movement, and hereby agrees to indemnify Landlord
against any loss resulting therefrom.
r) Landlord shall not be responsible for any lost or stolen property,
equipment, money or jewelry from the leased premises or the public areas of
the building regardless of whether such loss occurs when the leased
premises are locked or not.
s) No food shall be prepared or cooked in the demised premises, and the
premises shall not be used for housing, lodging, sleeping or for any
immoral or illegal purpose. Nothing contained in this clause, however,
shall be construed to prohibit to Tenant's operation of employee coffee
lounge facilities in the demised premises.
t) Tenant will refer all contractors/installation technicians rendering any
service for Tenant for supervision and approval before performance of any
contractual services. Tenant will not permit any mechanic's liens to be
placed against the premises and that any contract Tenant enters into for
work to be performed on the premises will contain a waiver of mechanic's
lien.
Tenant shall be responsible for the observance of all of the foregoing rules and
regulations by Tenant's employees, agents, clients, customers, invitees and
guests. Landlord shall not be responsible for any violation of the foregoing
rules and regulations by other tenants of the Building and shall have no
obligation to enforce the same against other tenants.
Approved by Tenant:
/s/ Vice President
-----------------------------------------
Name
11/19/99
------------------------------------------
Date
SCHEDULE C
PRICING NOTES
▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
PREPARED BY: ▇. ▇▇▇▇▇ DESIGN GROUP
DATE: OCTOBER 25, 1999
General Notes
The attached space plan is located within Coastal Concrete's new building at ▇
▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇. The design intent is that all construction
standards and codes match the original build-out. All sub-contractors are
expected to visit the space prior to submitting estimates. We anticipate that
the Landlord will be able to obtain preliminary pricing from the sub-contractors
to proceed with lease agreements etc.
SPACE#'S 40, 41, 41A 41B, 45
Space #41, 41a and 41b are partially built-out. Space #'s 40, 45 are totally
built out and require only minor modification. The 2 x 2 acoustical ceiling, 2x
4 fluorescent fixtures, light switches, painted "exterior walls" and several
duplex/communication outlets are existing. Existing outlets are noted as "ex".
1. Anticipate providing a 6 foot plastic laminate base cabinet with sink and
wall cabinets. Price millwork separately from the plumbing. Provide water
line for coffee maker and icemaker in full height refrigerator. Contractor to
provide and install refrigerator.
2. Provide approximately 70 lineal feet of adjustable shelving in Closet #41b.
3. Relocate approximately 7-2 x 4 fluorescent fixtures. Add 4 paracube lenses to
fluorescent fixtures in conference room.
4. Add outlets as noted on plan. Existing are noted as "ex".
5. Price providing and installing C-2 carpet, direct glue down. Dimension
Carpet, Pattern: Aiken, Color: Barley, 36 oz. cut pile carpet. Rubber cove
base to match existing.
6. Office #40 is built-out and requires no additional work. Locks to be changed
out.
7. Cut in new door and frame in Office #45. Remove hardware from existing door
and lock off from Corridor #48. Add new wall switch. Add blank cover plate to
existing switch.
8. Remove existing door and frame from door in corridor #02. Add new hollow
metal cased opening frame. Add new partition, door, lockset and frame in
corridor #42,
SPACE#'s 50, 51, 52, 53, and 54
1. Build new partitions dividing offices as noted. Half wall to be 66" high x
8'-6" long. Add sound attenuation blanket between all private offices and 2
feet either side of partition above tile.
2. Install HVAC, ceiling tile, and other items required by code in new build-
out.
3. Estimate installing 15 new 2 x 4 fluorescent fixtures in open area #15; add
switch at front entry. Estimate installing 13 incandescent downlights in
private offices, add dimmer switch
in each office. Price out as separate option installing paracube lenses in
open area in lieu of acrylic lens.
4. Add two Wiremold power/data poles at locations noted.
5. Add electrical voice/data outlets as noted.
6. Price installing same C-2 carpet and base.
7. All walls to by painted P-I. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Roasted Almond SW1 143. All
doors and frames to be painted ▇-▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ #▇▇▇▇.
▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ )
)
COUNTY OF BEAUFORT )
Sworn to before me this ______
day of ______________, _______
______________________________
Notary Public for South Carolina
My Commission Expires: ______________
