Agenda - Council Work Session - 05/14/2024

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{ any delays in the Turnover Date, LANDLORD shall cause the completion of the work to occur as soon.as p possible. Any such delays shall not affect the.validity of this Lease nor be considered a kailurelto deliver the.Leased Space to TENANT by the date referenced in Section 11 (b)a I LAND LORD 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 June 3 0, 2010 because construction of Improvements have not been sufficiently an for Turnover or for her reason excluding completed to make the Leased Space Ready u y other g Force Majeur*e, LANDLORD shall give TENANT, as liquidated damages, a rent credit of one (1) 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 11 (b), , shall in"o 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 Fr ce Majeure;the construction schedule shall be extended one(1) day for each one(1)day of delay. e J?ayment for construction of improvements (1) "Construction Costs" is defined as the cost to construct the Improvements, includingconstruction of the HVAC electrical floorin , c entr construction and g � y finish of the wall sldoorslmillwork; 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 theffice Spade, the security door, costs relating to mechanical work and LANDLORD's staff time or legal fees, LANDLORD shall a $55,000.00 for tie cost of construction of the (2) pay 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 cons ` ct 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, I (f� Herman-Miller Furniture i 'LANDLORD shall provide at no cost to the TENANT, Herman-Miller furnishings;for the two offices (Room Nos. F133 and F134); Dealer processing work area and the safe area as;depicted in the attached Exhibit E. 12, USE: The Leased Space shall be used and occupied by TENANT solely for the purposes of commercial office,ce space for the TENANT'S License Center Facility and such use by TENANT shall at all furies be in full compliance with all applicabl' laws, ordinances and governmental regulations affecting the Leased Space. The Leased Space shall not be used in such manner that, in accordance.with an requirement of law or of any public authorit , LANDLORD -shall be y q Y p ,�' obligated on account of the purpose or manner of said use'to make any addition or alteration to I