Agenda - Council - 03/02/2010 - Special

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any delays in the Turnover Date, LANDLORD shall cause the completion of the work to occur as soon as possible. Any such delays shall not affect the validity of this Lease nor be considered a failure to deliver the Leased Space to TENANT by the date referenced in Section '~ :,,(,b). LANDLORD acknowledges and agrees that time is of the essence for completion of the Improvements, therefore, if LANDLORD is unable to give possession of the Leased Space to TENANT by-hunt ~(%. ~?~ ~ ,!a because construction of Improvements have not been sufficiently completed to make the Leased Space Ready for Turnover or for any other reason, excluding Force Majeure, LANDLORD shall give TENANT, as liquidated damages, a rent credit of one (I) days Rent for each and every calendar day LANDLORD fails to give possession of the Leased Space to TENANT. Failure to give possession by the date referenced in Section ~_i~(b), shall in no way affect the validity of this Lease Agreement or the obligations of TENANT hereunder, except that if LANDLORD extends the Turnover Date beyond July 31, 2010, TENANT shall have the right, upon written notice to LANDLORD, to cancel this Lease Agreement and all monies TENANT has provided LANDLORD hereunder shall be refunded to TENANT within ten (10) business days from the time TENANT gives written notice to LANDLORD of such cancellation, unless all or part of such delay is reasonably attributable to actions or omissions on the part of TENANT. In the case of a delay due to a Force Majeure, the construction schedule shall be extended one (1) day for each one (I) day of delay. (e) Payment for construction of improvements (1) "Construction Costs" is defined as the cost to construct the Improvements, including construction of the HVAC, electrical, flooring, carpentry construction and finish of the walls/doors/millwork, and security of doors and normal architectural and construction management/administration costs necessary for TENANT'S use and occupancy of the Office Space. Notwithstanding the foregoing, Construction Costs shall not include the cost to construct the east wall of the Office Space ,~ s~ ~, a ~ __~' - - ~~_ ~~~,~;~- ~ ~~~ ~ ~ •~. LANDLORD'S staff time or legal fees. (2) LANDLORD shall pay $55,000.00 for the cost of construction of the Improvements ("LANDLORD'S Costs"). TENANT shall be responsible for payment of the difference between the Construction Costs and the LANDLORD Costs. (3) Upon LANDLORD'S award of the contract to construct the Improvements, TENANT shall pay LANDLORD 90% of the difference between the Construction Costs and the LANDLORD Costs. The remaining balance shall be paid by TENANT to LANDLORD upon the satisfactory completion of all items in the Punch List Notice. Deleted: 8 Deleted: '? Deleted: the date referenced in Section 8 (h) J Deleted: 8 Deleted: (f~,Herman-.Miller Furniture F. Deleted: ^ - - LANDLORD shall provide at no cost to the TENANT, Herman-Miller Formatted: Font: Bold furnishings for the two offices (Room Nos. F133 and F134)• Dealer processing work area and the Formatted: Space After: 0 pt safe area as depicted in the attached Exhibit E. ~ - - - _ - - --- -- - - Formatted: Font: Not Bold 12. USE: The Leased Space shall be used and occupied by TENANT solely for the purposes of commercial office space for the TENANT'S License Center Facility and such use by TENANT shall at all times be in full compliance with all applicable laws, ordinances and governmental regulations affecting the Leased Space. The Leased Space shall not be used in such manner that, in accordance with any requirement of law or of any public authority, LANDLORD shall be obligated on account of the purpose or manner of said use to make any addition or alteration to