HomeMy WebLinkAbout99-06530
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SZELES REAL ESTATE
DEVELOPMENT COMPANY,
Plaintiff
VS.
CONTEMPORARY TECHNOLOGIES,
INC.,
Defendant
NOTICE
TO DEFENDANT NAMED HEREIN:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 9Q - 6630
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND
A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT'f0 YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, 13A 17013
(717) 249-3166
SZELES REAL ESTATE
DEVELOPMENT COMPANY,
Plaintiff
VS.
CONTEMPORARY TECHNOLOGIES,
INC.,
Defendant
COMPLAINT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- 6x30 eu;fJ- T1uti
AND NOW comes the above-named Plaintiff, Szeles Real Estate
Development Company, by its attorney, Samuel L. Andes, and makes the
following Complaint in this matter:
1. The Plaintiff is Szeles Real Estate Development Company, a
Pennsylvania business partnership which maintains offices at 5112 Lancaster
Street in Harrisburg, Dauphin County, Pennsylvania, and which has designated
A. Richard Szeles, as its managing partner for purposes of this litigation.
2. The Defendant is Contemporary Technologies, Inc., a Pennsylvania
business corporation with its principal offices in Allegheny County, Pennsylvania,
but which maintains offices for the regular conduct of its business at 4999 Louise
Drive in Mechanicsburg, Cumberland County, Pennsylvania, and can be served
at that address.
3. Plaintiff is the owner and manager of a commercial office building
situate at 4999 Louise Drive in Mechanicsburg, Cumberland County,
Pennsylvania.
4. By a "standard office lease" signed by the Defendant on 5 October 1998,
Defendant agreed to lease, on certain terms and conditions, premises from the
Plaintiff at Plaintiffs office building at 4999 Louise Drive. A copy of that lease is
attached hereto and marked as Exhibit A.
5. At the time the parties executed the lease, the premises to be occupied
by Defendant had not yet been completely fitted out and construction on the fit
out was underway. As a result, the precise area of the space to be rented and
occupied by Defendant was not known to the parties at that time.
6. Because the premises was not completed at the time the lease was
signed, the parties agreed, in Paragraph 23 of the lease, to measure the premises
leased and occupied by Defendant after the construction was complete and to
amend the lease to adjust the rent due under the lease in accordance with such
measurements.
7. The physical fit out of the premises was completed by 1 January 1999
and Defendant took possession of the premises shortly thereafter.
8. In accordance with the terms of the lease, representatives of Plaintiff and
Defendant met and measured the space to calculate the proper rent due under
the lease, specifically including Paragraph 23. By letter dated 1 April 1999,
Plaintiff advised Defendant of the results of that measurement and calculation
and requested that Defendant sign a formal amendment to the lease in
accordance with Paragraph 23. A copy of Plaintiff's letter of 1 April 1999, with
attachments is attached hereto and marked as Exhibit B.
9. When Defendant expressed dissatisfaction with the results of the
measurements and calculations made by representatives of Plaintiff and
Defendant, Plaintiff caused the premises to be measured by a registered architect.
Thereafter, Plaintiff notified Defendant of the results of such measurement and
the calculation of the rent due pursuant to Paragraph 23 of the lease. A copy of
Plaintiffs letter to Defendant, dated 28 July 1999, with attachments, is attached
hereto and marked as Exhibit C.
10. To date, Defendant has failed to sign the documents necessary to
amend the lease and has failed to pay the rent due as a result of the
measurements and calculations as set out in Paragraph 23 of the lease.
11. Defendant, by its conduct, has breached the lease between Plaintiff
and Defendant. By letter dated 8 September 1999, a copy of which is attached
hereto and marked as Exhibit D, Plaintiff notified Defendant on that breach. To
date, Defendant has not cured the breach and remains in default of the lease.
12. As a result of Defendant's breach of the lease, Plaintiff is entitled to the
following remedies:
A. The acceleration of rent due under the lease for the
unexpired term.
B. The right to terminate the lease without Defendant having
any right to reinstate the lease, even by payment of all sums due.
13. The rent due for the unexpired term of the lease, accelerated in
accordance with Paragraph 31 of the lease is $258,241.80 as of 10 October 1999.
14. Plaintiff has injured Defendant in the amount of $258,241.80 and, by
virtue of Defendant's breach and default of the lease, Plaintiff is entitled to
judgment against the Defendant in the amount of $258,241.80, plus interest at
the legal rate thereafter until paid.
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of $258,241.80, plus interest from and after 10 October 1999, plus cost
of suit.
-- (Q
Sam c L. And is
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12"' Street
Lemoyne, PA 17043
(717) 761-5361
i
COMMONWEALTH OF PENNSYLVANIA )
SS..
COUNTY OF CUMBERLAND )
A. Richard Szeles, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing document are true and correct to the best of his
knowledge, information, and belief.
A. Richar eles
Sworn to and subscribed
before me this /373- day
of Oa+,, 6ow- , 1999.
NOTARIAL SEAT.
Judb A. KoDPaN mr, Notary Pubib
ewatm Twp., Deuphln CountY
My Commialon ExpIres Rb.13,2002
STANDARD OFFICE LEASE
THIS LEASE is made between Landlord and Tenant named below.
THE PARTIES.
(a) The name and address of Landlord is:
Szeles Real Estate Development Company
5112 Lancaster Street
Harrisburg, PA 17111
(b) The name and address of Tenant is:
Contemporary Technologies
301 Grant Street, Suite 800
Pittsburgh, PA 15219
2. BUILDING AND PREMISES.
(a) The name and address of the Building in which the premises will
be located is: Rossmoyne Corporate Center
4999 Louise Drive
Mechanicsburg, PA 17055
(b) The premises covered by this Lease are described as follows:
1 st Floor; 3,030 rentable square feet or 2,705 usable square feet.
3. TERM. The term of this Lease begins on December 15, 1998 except as otherwise
provided in Paragraph 22. The term of this Lease ends on December 14, 2003.
(a) If Tenant fails to notify the Landlord in writing twelve (12) months
prior to the expiration of this lease that it intends to vacate the premises
upon the expiration date of the Lease, Landlord may terminate this Lease
upon expiration. If Tenant fails to give such notice, and Landlord does
not exercise Landlord's option to terminate this Lease, this Lease will be
automatically renewed for another twelve (12) month term at a rental rate
to be determined by the Landlord, not to exceed two (2) dollars per
square foot over the square foot rental rate the Tenant is paying during
the last month of the original lease term.
A
4. RENT. The yearly rent is $ 53,025.00 payable without demand, set-off or
counterclaim in equal monthly installments or $ 4,418.75, subject to adjustment as
provided in Paragraphs 23 and 24. Rent is due on the first of each month.
(a) In the event Landlord receives rent payment five (5) days after due date, Landlord
shall be entitled to assess and collect, as additional rent, a late charge of 10% of
such monthly installment and an additional 10% for each and every month the
balance remains unpaid.
5. LEASING CLAUSE. Landlord is the owner of the Building and has full
rights and authority to make this Lease. Landlord hereby leases the Premises
to Tenant in accordance with the provisions of this Lease. Tenant hereby
accepts this Lease.
6. NOTICES. A requirement in this Lease that notice be given shall be satisfied
by actual notice in writing: if to Landlord, at the address shown in Paragraph 1;
and if to Tenant, by delivery to Tenant at the Premises with a copy mailed to
Tenant, Attention: Ms. Janet Gualticri
ENTIRE AGREEMENT. This Lease constitutes the entire agreement between
the parties and may be amended only by written agreement of the parties. No
agreement will be binding upon Tenant unless signed by its President, a Vice
President, a Secretary or other authorized officer or employee of Tenant.
8. SUCCESSOR AND ASSIGNS. This Lease is for the benefit of and is binding
upon the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
9. ASSIGNMENT. Tenant will not assign this Lease or sublet the Premises or
any part thereof, except to a subsidiary or affiliate of Tenant, without the prior
written consent of Landlord, but such consent shall not be unreasonably
withheld or delayed. An assignment or subletting will not release Tenant from
Liability under this Lease. Upon any assignment or subletting of the Premises,
Tenant shall immediately provide Landlord with a true and correct copy of the
assignment or subletting agreement.
10. ENJOYMENT OF PREMISES. Landlord covenants that Tenant will be
entitled to peaceful and quiet enjoyment of the Premises during the term of this
Lease. Landlord will maintain the character of the Building as a first-class
office building.
11. INSPECTION AND REPAIR OF PREMISES. Landlord shall inspect and repair the
Premises at reasonable times with the consent of Tenant, which consent shall not be
unreasonably withheld or delayed. Landlord may make emergency repairs without
Tenant's consent. In making tiny repairs to the Premises, Landlord will take reasonable
measures to protect Tenant's property and personnel from loss and injury and to avoid
disrupting Tenant's regular business routine. Landlord may show the Premises to
prospective lessees at reasonable times during the last six (6) months of the term.
12. DAMAGE TO PREMISES. If the Premises or Building arc for any reason so damaged
as to become totally or substantially untenantable, Landlord or Tenant may thereupon,
by written notice to the other within thirty (30) days of the date of the damage, end the
tens of this Lease effective as of the date of the damage. If the term is not so ended or
if the Premises or Building are for any reason damaged to a lesser extent, Landlord
will promptly restore the Premises or Building to its previous condition. In the latter
case, a just proportion of the rent, according to the extent that the Premises or Building
are untenantable, will abate until the restoration is fully completed.
13. EMINENT DOMAIN. If the Premises or Building, or any part of either, is taken by the
right of eminent domain, which such taking renders the Tenant premises untenantable,
Tenant may thereupon end the term of this Lease, effective as of the date of such
taking. If the term is not so ended, a just proportion of the rent will abate, according to
the extent the Premises are untenantable.
14: TENANT'S OBLIGATIONS.
(a) Tenant will conduct its business in a quiet, lawful and orderly manner and in such
a way that will not interfere with or be disruptive to other Tenants in the building.
(b) Tenant will pay the rent on the first day of each month to Landlord or to
whomever Landlord may from time to time name in writing.
(c) At the end of the term, Tenant will remove its property from the Premises and will
surrender the Premises to the Landlord without further notice and in as good a
condition as when entered by Tenant, except for loss or damage resulting from
hostile or warlike action in time of peace or war, unavoidable accident, ordinary
wear and tear, or perils covered by the standard fortes of fire and extended
coverage insurance policies.
15. LANDLORD'S OBLIGATIONS.
(a) Landlord will deliver the Premises to Tenant on the occupancy date in good
condition.
(b) Landlord, will carry standard fire and extended coverage insurance policies on the
Building and Premises.
(a) Landlord will maintain tho Building, tho Pramisoa, and any parking lot, Building
grounds or appurtenant structures without cost to Tenant in a first-rate manner.
(d) Landlord will furnish the following facilities, maintenance and services without
cost to Tenant with first-rate materials and in a first-rate manner:
(1) Electricity for lighting and customary office machinery.
(2) Elevator services.
(3) Such repainting as is necessary to maintain Premises in first-class condition.
(4) Sufficient heat, air conditioning and fresh air supply to keep the Premises
comfortable for office use throughout Tenant's regular business hours.
Landlord hereby agrees that the lighting, heating, air conditioning and
ventilation systems of the building will be operational Monday through
Friday, from 7:30 A.M. to 6:00 P.M. and 8:00 A.M. to 1:00 P.M. Saturdays
to provide the above-mentioned comfortable office environment (climate
control). Overtime, i.e., other than during the hours specified above, usage of
HVAC and lighting in the office building will be monitored by the
computerized mechanical systems. This overtime usage will be billed at a
rate of $7.50 per hour per 1500 square feet.
(5) Adequate toilet facilities, hot and cold water, and sewage disposal.
(6) Refrigerated drinking water.
(7) Complete janitor service, including the following:
Daly (except Saturdays, Sundays and holidays): Vacuum floors in Premises
and all Building areas used by Tenant; dust furniture, equipment, woodwork,
etc. in Premises; clean ashtrays and empty wastebaskets; and wash all
fixtures and floors in toilet rooms.
Monthly: Wash vinyl tile floors, inside window surfaces, and partition glass.
Semi-annually: Wash exterior window surfaces.
Annually: Wash lighting fixtures and lamps.
As necessary: Replace fluorescent lamps and ballast. Wash walls, ceilings,
partitions and venetian blinds, clean draperies. Spot clean and shampoo
carpel; provided, however, that the frequency of washing of the walls,
ceilings, partitions and venetian blinds, and cleaning and shampooing the
carpet shall not be any greater than quarterly. Wax vinyl asbestos tile.
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16. LIABILITY AND INDEMNITY.
(a) Tenant shall store its property in and shall occupy the Premises at its own risk
and releases Landlord to the full extent permitted by law from all claims of
every kind resulting in loss of life, personal or bodily injury or property
damage.
(b) Landlord shall not be responsible or liable at anytime for any loss or damage
to the Tenant's equipment, fixtures, merchandise or other personal property of
Tenant or Tenant's business.
(c) Landlord shall not be responsible or liable to Tenant or those claiming by,
through or under Tenant for any loss or damage to either the person or property
of Tenant that may be occasioned by or through the acts or omissions of
persons occupying adjacent, or adjoining Premises.
(d) Landlord shall not be responsible or liable for any defect, latent or otherwise
in the Premises or in the building or any of the equipment, machinery,
utilities, appliances or apparatus therein.
(e) Tenant shall indemnify Landlord and save it harmless from suits, actions,
damages, liability and expense (including reasonable attomey's fees) in
connection with loss of life, bodily or personal injury or property damage
arising from or out of any occurrence in, upon or at the Premises or the
occupancy or use by Tenant of the Premises or any part thereof, or occasioned
wholly or in part by any act or omission of Tenant, its agents, contractors,
employees, servants, invitees or licensees. Tenant shall, at its own cost and
expense, defend any and all suits or actions Oust or unjust) which may be
brought against Landlord or in which Landlord may be impleaded with others
upon any such above mentioned matter, claim or claims.
(f)• Tenant agrees to be responsible for any damage to the property of Landlord
which may result from any use of the Premises or any act done thereon by the
Tenant or any person coming or being therein by the license or permission of
the Tenant express or implied.
(g) Tenant shall provide at its expense and keep in force during the term of this
Lease, general liability insurance in a good and solvent insurance company or
companies licensed to do business in the Commonwealth of Pennsylvania
selected by Tenant and approved by Landlord. Certificates of insurance shall
be provided to Landlord prior to the commencement of the Lease and
evidence of renewal of the coverage shall be furnished to Landlord at least
thirty (30) days prior to the date upon which any such insurance expires.
Without limiting the foregoing, Tenant shall provide a minimum of One
Million Dollars ($1,000,000.00) in liability insurance against damage to person
or property and shall name Landlord as an additional insured.
17. ALTERATIONS AND INSTALLATIONS BY TENANT.
(a) Provided that this Lease is in full force and effect and Tenant is not otherwise in
default of any of the obligations by it to be performed hereunder, the Tenant
may, at its expense, make such interior, non-structural alterations and
improvements to the Premises or install interior partitions as it may require,
provided that such alterations and improvements are done in a workmanlike
manner in keeping with all applicable building codes, ordinances, and
regulations, and in no way harm or impair the structure of the building or the
Premises or diminish the value thereof. At the expiration date or sooner
termination of the Lease tern, Tenant, if requested to do so by Landlord,
shall restore the Premises to substantially the same condition as existed on the
commencement date and repair any damage thereto resulting from the
installation or removal of any such improvements, partitions, fixtures or
equipment as may have been so installed by Tenant.
(b) All of such changes, additions or alterations shall be made solely at the expense
of Tenant and Tenant agrees to protect, indemnify and save harmless the
Landlord on account of any injuries to third persons or property, by reason of
any such changes, additions or alterations, and to protect, indemnify and save
harmless Landlord from the payment of any claim of any kind or character on
account of bills for labor or materials furnished or claimed to have been
furnished therewith.
(c) Tenant shall not permit any mechanics or similar liens to be lodged against or
remain upon the Premises for labor performed or materials furnished to Tenant
or claimed to have been performed or furnished to, on behalf of, or otherwise at
the direction of or with the consent of Tenant, at, in, or upon the Premises,
whether such work was performed or materials furnished before or after the
commencement of the term of this Lease.
(d) Excepting those items which Landlord specifically requests be removed from
the Premises, any alterations, additions improvements and fixtures therein
installed or paid for by the Tenant, other than unattached movable trade fixtures
and decorations, shall, upon the expiration date or earlier termination of this
Lease become the property of the Landlord.
18. WAIVER OF SUBROGATION. Each party hereto does hereby waive, for itself
and its insurance company, any right of or claim to subrogation against the other
party as a result of any loss covered by insurance as provided for herein, but such
waiver shall extend only to the coverage of such insurance. Provided, however, that
if either party cannot obtain insurance as required by this lease solely as a result of
this waiver of subrogation, such waiver shall be null and void and the parties shall
meet and negotiate a solution to that problem and to the need by either of them for a
waiver of subrogation as provided for herein.
19. SUBORDINATION. This lease shall be subject and subordinate to the lien of any
present or future mortgage or Deed of Trust on the Building, the land upon which it
stands, or both, or to any present or future underlying Lease without the necessity of
any further instrument or act on the part of Tenant. Tenant covenants and agrees to
execute and deliver upon demand such further instrument or instruments evidencing
such subordination of this Lease to the lien of such mortgage, Deed of Trust, or
Lease, as shall be desired by any party thereto. Tenant hereby appoints Landlord as
Attomey-in-Fact of Tenant irrevocably to execute and deliver any such instrument
or instruments for and in the name of Tenant.
20. ESTOPPEL CERTIFICATES. Tenant shall, without charge, within five (5) days
after receipt of any request therefor, execute and deliver to Landlord a certificate
stating: (i) whether this Lease is unmodified and in full force and effect (or if there
has been modifications, that the Lease is in full force and effect and setting forth all
such modifications); whether there then exist any defenses against the enforcement
of any right of Landlord hereunder (and if so specifying the same in detail); (iii) The
dates to which rent and any other charges hereunder have been paid by Tenant; (iv)
The Tenant has no knowledge of any then uncured defaults under this Lease (or if
Tenant has knowledge of any such defaults, specifying the same in detail); (v) That
the Tenant has no knowledge of any event that will or may result in the termination
of this Lease (or if Tenant has knowledge, specifying the same in detail); (vi) The
address to which notices to Tenant arc to be sent; and (vii) such other information as
may be reasonably requested. It is understood that any such certificates may be
relied upon by Landlord, any Mortgagee, prospective Mortgagee, Ground Lessor,
prospective Ground Lessor, or purchaser or prospective purchaser of the Land or the
Building.
21. INSOLVENCY. (a) The appointment of a receiver or trustee to take possession of all
or a portion of the assets of Tenant, or (b) an assignment by Tenant for the benefit of
creditors, or (c) the institution by or against Tenant of any proceedings for
bankruptcy or reorganization under any state or federal law (unless in the case of
involuntary proceedings, the same shall be dismissed within thirty (30) days aftcr
institution), or (d) any execution issued against Tenant which is not stayed or
discharged within fifteen (15) days tiller issuance of any execution sale of the assets
of Tenant, shall constitute a breach of this Lease by Tenant. Landlord in the event of
such a breach, shall have, without need of further notice, the rights enumerated in
Paragraph 31 herein.
22. COMPLETION OF PREMISES. Prior to the commencement date of this Lease,
Landlord will complete the following improvements in the Premises in a first-class
and workmanlike manner, at no cost to Tenant: See Exhibit A and Exhibit A notes.
(1) Floor to ceiling partitions constructed of %,° thick gypsum board on metal
studs.
(2) Doors and door hardware all as indicated on Tenant's plans.
(3) Carpeting throughout the Premises of a type and quality to be approved by
Tenant ($20.00 square yard price). During the term of this Lease, Landlord
will be responsible for repair and/or replacement of the carpet when
deemed necessary by Landlord due to ordinary wear. It is understood that
Tenant will be using chair pads in the Premises. Landlord will also install
all base molding throughout the Premises.
Notwithstanding anything to the contrary contained herein, if carpet is
damaged at any time during the term of the Lease as a result of negligence
on the part of the Tenant, Tenant's employees, or agents, then the
replacement or repair of the carpet in such damaged area shall be made
entirely at Tenant's expense.
Landlord will provide vinyl tile with rubber base in areas to be designated
on Tenant's floor plans.
(4) Suspended acoustical tile ceiling throughout the Premises utilizing factory
finished tiles having a minimum thickness of 5/8 of an inch and a
minimum Noise Reduction Coefficient rating of.70.
(5) Fluorescent lighting fixtures and switches installed as specified on lighting
plans to be approved by Tenant prior to installment, sufficient to maintain
a minimum of 70 foot candles of illumination uniformly distributed
throughout the Premises at desk level, complete with acrylic lenses, lamps,
ballast and switches.
(6) Telephone conduit into the building adequate to meet telephone company's
specifications for Tenant's telephone system installation.
(7) Electrical outlets, all located as shown on Tenant's plans, and complete
electrical wiring.
(8) Lavatories, complete with all necessary plumbing and fixture.
23. MEASUREMENT OF PREMISES - COMPUTATION OF RENT. The
rent stated in Paragraph 4 is calculated on the basis of S 17.50 per square foot per year
for the rentable floor space. Upon completion of the Premises, the floor space shall
be measured by authorized representatives of Tenant and Landlord to determine the
actual rentable square footage according to the BOMA measurements standards.
The square foot area resulting from this measurement shall be multiplied
by S 17.50 per rentable square foot and the result shall be the Adjusted Yearly
Rent.
Landlord and Tenant will execute an amendment to the Lease amending Paragraphs
2 (b) and 4 of the Lease to conform to the Adjusted Yearly Rent within thirty (30)
days following completion of the measurements.
24. INCREASE IN ANNUAL RENT. The annual rent stated in Paragraph 4 for each
subsequent year of this lease will be increased by four (4) percent, over the prior
year.
25. PARKING. Landlord agrees that Tenant shall have the right to parking spaces at any
time during the term of this Lease. Said parking spaces shall be located in the
adjacent paved parking lot and may be used as Tenant requires. Landlord will keep
the parking area clean, lighted, and in good repair. Landlord hereby agrees that
during the term of this Lease, Landlord will maintain fifteen (15) separate parking
spaces for the subject premises, which spaces shall be clearly reserved for visitors to
the Premises. It is understood that use of the parking area is a right shared in
common with all other tenants and with the Landlord.
26. SIGNS. Landlord will pay the cost of the manufacture, foundation, construction,
erection and maintenance of the Landlord's base building signs and will also pay for
the cost of electricity when required. Landlord reserves the right to approve all
Tenant signage. This is subject to the rules and ordinances of township or other
governing body.
27. BUILDING DIRECTORY. Landlord shall install, at Landlord's sole cost, Building
Directories on the first floor of the Building. Said Directories shall include listings of
Tenant's corporate and business name and names of Tenant's principle employees
and agents.
28. SPECIAL EQUIPMENT. If Tenant shall use special equipment, such as but not
limited to computer and related cooling equipment, Tenant agrees to separately meter
such equipment and its accessories, and pay for the utility expense to operate the
same, said payment to be to the Landlord as additional rent, or by direct payment to
the utility company.
9
29. SMOKING REGULATIONS. Employees may smoke outside at the rear employee
entrance only. If smoking is allowed in other areas of the Tenant Premises, exhaust
fans will be installed in those specific areas at the Tenant's expense.
30. DEFAULT BY TENANT. If Tenant shall default in fulfilling any of the covenants or
provisions of this Lease on its part to be performed and shall fail to remedy such
default within ten (10) days (except that Landlord may sue for any payment of rent
immediately after it becomes due) after Landlord shall have given Tenant written
notice of such default or within such period as may reasonably be required to remedy
the default, if the default cannot be cured within ten (10) days, then Landlord shall
have any right, power or remedy permitted to it by law, except that Landlord shall
not have the right to terminate this Lease unless it has given Tenant prior written
notice of the date of termination.
31. REMEDIES OF LANDLORD. Upon default by Tenant, Landlord shall have, in
addition to the remedies hereinabove referred to, the following remedies:
(a) The right to terminate this Lease without any right on the part of Tenant, or
those claiming under Tenant, to reinstate the lease by payment or other
performance of the conditions or provisions violated.
(b) The right to accelerate the rent due for the unexpired term.
All of the remedies provided for at law or in equity or in any of the terns or
provisions of this Lease shall be cumulative and concurrent.
32. ENVIRONMENTAL COMPLIANCE.
(a) Tenant hereby covenants and agrees to use and occupy the Premises and to
conduct its business and operations thereupon in full compliance with all
applicable statutes, codes, rules, regulations and ordinances as they may change
• from time to time pertaining to the protection of the environment and to
hazardous substances and hazardous wastes as those terms may be defined from
time to time in such statutes, codes, rules, regulations and ordinances
("Environmental Laws").
(b) Tenant shall promptly provide Landlord with copies of an correspondence from
or to the U. S. Environmental Protection Agency, the Pennsylvania Department
of Environmental Resources or any other federal, state or local governmental
agency which pertains to the Premises regarding but not limited to the
following: (I)Tenant's compliance with the Environmental Laws; (2) any
permits which Tenant may be required to obtain pursuant to the Environmental
Laws; (3) any release or threat of release or a hazardous substance or hazardous
waste which has occurred in the Premises.
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(c) Tenant shall immediately notify Landlords of its receipt of any notices of
alleged violations of the Environmental Laws from any other party including
but not limited to governmental agencies including request for information.
(d) Tenant shall promptly provide Landlord with copies of any documents
required to be kept or prepared by Tenant or maintained at the Premises
pursuant to the Pennsylvania Worker Right to Know Act, 35 P.S. 7301
et sseq.. and the regulations promulgated thereunder.
(e) Tenant shall promptly supply to Landlord true and complete copies of all
sampling and test results obtained from any samples and tests taken at or
around the Premises.
(f) In the event of any "release" of a "hazardous substance" or "hazardous waste"
as those terms are defined in any of the Environmental Laws, which release
requires notification of any governmental agency, Tenant shall immediately
notify Landlord of the release and provide a full, true and complete
description of the release, the substances involved and the remedial efforts
taken.
(g) At anytime during the tern hereof, Landlord shall have a right to enter upon
the Premises to inspect the Premises and to evaluate Tenant's compliance
with the Environmental Laws. Such right of access shall include a right to
review Tenant's records pertaining to compliance with the Environmental
Laws. Tenant hereby agrees to cooperate with Landlord in any such
inspection and evaluation.
(h) Tenant hereby agrees to indemnify, defend and hold Landlord harmless from
and against, any and all claims, demands, judgments, suits, liens, actions and
other proceedings, arising out of or relating to the removal, remediation,
corrective action or cleanup of any hazardous waste or hazardous substance
as defined in the Environmental Laws or any other proceedings or actions
threatened, or brought for the enforcement of any Environmental Laws now
or hereafter applicable to the Premises and resulting from or arising out of
Tenant's use, operation and occupation thereof during the term of this Lease.
Such indemnification shall include but not be limited to costs of
investigation, engineering fees, attorney's fees, costs of remediation and
cleanup and future site maintenance.
(i) Prior to the commencement date of this Lease, Tenant shall supply to
Landlord an affidavit of an officer or principal of Tenant setting forth
Tenant's SIC number and a detailed description of Tenant's operation and the
processes Tenant will undertake at the Premises, including a description and
quantification of any hazardous substances and hazardous waste generated,
manufactured, refined, transported, treated, stored, handled or disposed of at
or from the Premises. Following the commencement of the Lease term,
Tenant shall update this affidavit in the event of any changes in Tenant's
operations, SIC number or use of hazardous substances and waste. Tenant
shall also supplement and update such affidavit upon each anniversary of the
commencement of the Lease term.
(j) All of the terms and conditions of this section shall survive the termination of
this Lease agreement for so long as any liability may arise under the
Environmental Laws with respect to the Premises.
33. REQUIREMENTS OF LAW. Landlord shall at its own expense promptly observe
and comply with all present and future laws, ordinances, requirements, orders,
directions, rules and regulations of the federal, state, county and city governments
and of all governmental authorities having jurisdiction directly or indirectly over
the Premises, Building or appurtenances or any part thereof (including, but not
limited to Title III of the Americans with Disabilities Act and such regulations or
standards as are or may be promulgated under- the Federal Occupational Safety
and Health Act of 1970, or similar federal, state or local requirements pertaining to
the Tenant's use of the Premises and the Building) whether the same are in force at
the commencement of the tern or may in the future be passed, enacted or directed.
It is understood, however, that the Landlord is not required to procure any permits
or licenses or certificates or other authorizations necessary for the Tenant to
conduct its business in the leased Premises.
Tenant shall at its own expense, promptly observe and comply with all present and
future laws, ordinances, requirements, orders, directions, rules and regulations of
the federal, state, county, and city governments and of all other govemmental
authorities having jurisdiction with respect to the operation of the Tenant's
business.
34. RULES AND REGULATIONS. Tenant and Tenant's officers, employees, agents,
and invitees shall comply fully with all of the reasonable rules and regulations
pertaining to the Building, the Premises, and related facilities. Current rules and
regulations, if any, are attached to this Lease as Exhibit and they are made a
part of the Lease as though fully set out in the Lease. The absence of rules and
regulations at the inception of this Lease shall not preclude Landlord's adoption
and implementation of rules and regulations at any time during the term of the
Lease or any extensions or renewals thereof. Landlord shall at all times have the
right to make reasonable changes, additions, or deletions to any such rules and
regulations for the purpose of ensuring or enhancing the safety, care, cleanliness,
maintenance, or preservation of the Building, the Prcmisc, and related facilities, as
well as for the purpose of preserving good order in and on the Building, the
12
Premises, and its related facilities. Tenant and Tenant's officers, employees,
agents, and invitees shall be bound by the adoption and implementation of rules
and regulations and by any changes, additions, or deletions to the rules and
regulations upon receipt by Tenant of written notice from Landlord setting forth
the rules and regulations or the changes, additions, or deletions, as the case may
be. Tenant shall be fully responsible and accountable for the compliance of
Tenant's officers, employees, agents, and invitees with all such rules and
regulations.
ATTACHMENTS AND DELETIONS. The following exhibits attached to this Lease form apart
hereof and were attached hereto before this Lease was signed by the parties:
EXHIBIT "A'
EXHIBIT' A" NOTES
13
i
IN WITNESS WHEREOF, Landlord and Tcnant have signed and dated this Lease.
LANDLORD:
TENANT:
Soles Real Estate Development Company
By:
• '
Title:
Date:-
Contemporary Technologies
By: ' L
Title: Date:
(Corporate Seal)
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EXHIBIT "A" NOTES
Walls in the training room to be floor to deck construction with sound batt
'insulation. Remaining walls to be floor to underside of ceiling.with glass
inserts.
Main entry door to be glass double doors. All other doors to be 7 foot solid
core oak.
All walls to be painted - color to be off white
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• TELEPHONE 717.581.1887
D I? I L ?J ?? FAX NO. .717-581-0481
READING ING 610-374-5500
??• '• ? / J MACON. GKWO-582.1876
Szeles Real Estate Development Company
,4? 5112 LANCASTER STREET • HARRISBURG, PA 17111
April 1, 1999
Janet Gualtieri
Contemporary Technologies
301 Grant Street, Suite 800
Pittsburgh, PA 15219
Dear Janet;
Per Paragraph 23 of our lease, a physical measurement of the suite was performed
on March 24, 1999 by Jaime Albright and myself. The attached sheet, signed by both
parties, documents the results of this measurement.
The enclosed amendment modifies our lease document to reflect these changes.
Please sign and return both copies of this amendment to my office. I will then execute
and return your copy promptly.
Since your lease began on January 1, 1999, the amount of S1,032.52 is also due to
offset the rent differential for the months of January, February, March, and April. Please
forward this amount to our office at your first opportunity and make your accounting
department aware that effective May 1, 1999, your rent becomes $4,676.88.
If you have any questions or concerns, please give me a call. I appreciate your
continued cooperation in this and all matters.
Sincerely,
SZELES REAL ESTATE
DEVELOPMENT COMPANY
I
Tod A. Shutt
TAS/kag
Enclosure
I
-.1" - : 1'. 'T-
STANDARD OFFICE LEASE AMENDMENT
AMENDMENT NO.2 TO LEASE
EFFECTIVE DATE OF LEASE: January 1, 1999
EFFECTIVE DATE OF THIS AMENDMENT: January 1, 1999 (retroactive)
LANDLORD: Szeles Real Estate Development Company
TENANT: Contemporary Technologies
LOCATION OF PREMISES: Rossmoyne Corporate Center
4999 Louise Drive
Mechanicsburg, PA 17055
The lease is hereby amended as follows:
A physical measurement of the suite was performed on March 24, 1999. It was
agreed by Tenant and Landlord that the total suite size is 2,863 usable and 3,207
rentable square feet. Based on these measurements the adjusted rent is
$56,122.50 yearly and $4,676.88 monthly.
Except as otherwise provided above, all terms and conditions of this
Lease shalt remain unchanged.
IN WITNESS WHEREOF, Landlord and Tenant have signed and dated this
Amendment.
LANDLORD: TENANT:
Szeles Real Estate Development Company Contemporary Technologies
BY:
TITLE:
BY:
TITLE:
DATE: DATE:
TELEPHONE 717.551?198T'• ,
FAX NO. 7.17-561-64.8i •,`•,r'•:"
'READING 810.3745500
' MACON, GA 600,582.1475 Szeles Real Estate Development: Company
7777777
5112 LANCASTER STREET •. HARRISBURG, PA 17111.
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CONTEMPORARY SITE MEASUREMENT .'
AREA MEASURED '
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Measured By:
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Co temporary, Technology Szeles Real Estate Development: +° r s 1 ,;
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ACCEPTED BY: GCfC??%k?
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TELEPHONE 717.561.1967
FAX NO. 717-561-0481
READING 61D-374.5500
MACON, GA 800-582.1875
Szeles Real Estate Development Company
5112 LANCASTER STREET • HARRISBURG, PA 17111
July 28, 1999
Janet Gualtieri
Contemporary Technologies
301 Grant Street, Suite 800
Pittsburgh, PA 15219
Dear Janet:
Enclosed, please find an amendment that revises our lease to reflect the
measurements taken by James Crum Architects on July 26, 1999. Please sign and return
one copy to my office and maintain one for your records.
The difference between what you have paid and the adjusted rate is $210.00 per
month. For January through July this is a total of $1,470.00. If you have not cut the
check for August's rent yet, please fax the new rate and forward the difference of
51,470.00 at the same time. If the August check has already gone out at the old rate,
please forward a check for 51,660.00 to cover the difference for January through August.
If you have any questions or concerns, please give me a call. I appreciate your
continued cooperation in this matter.
Sincerely,
SZELES REAL ESTATE
DEVELOPMENT COMPANY
.1 01
Tod A. Shutt
TAS/kag
Enclosure
C?
I A hi E S C R U M, A I A
ARCHITECTS a
2400 walnut Street
MUrtsburp, PA 17107
717 7.18.3070
?AN 717 JJe•e951
July 26, 1999
Tod Shutt
Szeles Real Estate Development Company
5112 Lancaster Street
Hu dsburg,PA 17111
Re: Cootempon y Technologies
Rossmoyne Corporate Ceara - Mechaalaburg, PA
Dear Tod
As Per Your request, this office field measured the Contemporary Technologies suite In Rossmoyne
Corporate Cemer on July 26,1999. We have calculated the usable square footage in accordance with the
'Standard Method for Measuring Floor Area to Oflice•Buildlag:' (ANSI 2.65.1-1980) as published by
BOMA International tad do hereby artily the usable square footage to be 2834.24 square feu.
Our calculations, based on the attached worksheet, are as foBowi: (Please note the totals have been con-
verted from feet/iarhe: to dodmals)
Area MI 34'-5 11/16" z 35-2" a 1212.33'
Area 02 W-9114" T W-7* a 260AS'
2
Area #3 16'-41 /1" x '7.6 1/9% - 307.11'
2
Area 04 27-1 1/8" z 37.6 1/8" a 1091.32'
Deduct Area 05 T-10" X 3'-1l Ur a (4537)
Deduct Area N6 3'-1" z 4'•2" a 02.851
Deduct Area 07 '- " 3' T. I. - (-4.76)
Deduct Area #8 T-107/4"x '•10'1/4" - (4,191
2
ToW Usable Area - 2834.24 square feet
If you have any questions, please call.
Slntx?
James Crum. AIA
Registered Architect
'7 .__ .
i
STANDARD OFFICE LEASE AMENDMENT
AMENDMENT NO.2 TO LEASE
EFFECTIVE DATE OF LEASE: January 1, 1999
EFFECTIVE DATE OF THIS AMENDMENT: January 1, 1999 (retroactive)
LANDLORD: Szeles Real Estate Development Company
TENANT: Contemporary Technologies
LOCATION OF PREMISES:
Rossmoyne Corporate Center
4999 Louise Drive
Mechanicsburg, PA 17055
The lease is hereby amended as follows:
Per Paragraph 23, a physical measurement of the suite was performed on July 26,
f1999. It was established that the total suite size is 2,834 usable and 3,174 rentable
square Oct. Based on these measurements the adjusted rent is $55,545.00 yearly
and $4,628.75 monthly.
Except as otherwise provided above, all terms and conditions of this Lease shall
remain unchanged.
IN WITNESS WHEREOF, Landlord and Tenant have signed and dated this
Amendment.
LANDLORD:
Szeles Real Estate Development Company
BY:
TITLE: /?An ih /Ca?YfLl?ic-
UT?
DATE: 7?i f1?f17
TENANT:
Contemporary Technologies
BY: I
TITLE: i
DATE:
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TELEPHONE 717.5111-1987
FAX NO. 717-561-0401
READING 610.374.5500
MACON, GA 800.582.1975
Szeles Real Estate Development Company
5112 LANCASTER STREET • HARRISBURG, PA 17111
September 8, 1999
Janet Gualtieri
Contemporary Technologies
301 Grant Street
One Oxford Centre, Suite 800
Pittsburgh, PA 15219-1408
RE: Rossmoyne Corporate Center
4999 Louise Drive
Mechanicsburg, PA 17055
Dear Janet:
On August 8, 1999, you placed a phone call to Rick Szeles to discuss issues
relating to your lease and the measurement of your suite. Your phone call was returned 6
times between August 8i° and September 7'". You have yet to respond despite the
messages left of your personal voice mail. Your lack of concern is no longer tolerable to
our company.
Please be advised that per my letter of July 6'", you are in default of your lease at
the above referenced office center. We have turned this matter over to our attorney to
pursue all remedies outlined in our lease. These include collection of all rents and
penalties, termination of our agreement, and accelerating the rent for the balance of the
term.
Respectfully,
SZELES REAL ESTATE
DEVELOPMENT COMPANY
?G
Tod A. Shutt
TAS/kag
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06530 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SZELES REAL ESTATE DEVELOPMENT
VS.
COMTEMPORARY TECHNOLOTIES INC
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon CONTEMPORARY TECHNOLOGIES INC the
defendant, at 15:08 HOURS, on the 1st day of November ,
1999 at 9999 LOUISE DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to JAMIE ALBRIGHT (OFC. MANAGER)
a true and attested copy of the COMPLAINT ,
together with NOTICE ,
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 8.68
Affidavit .00 t
Surcharge 8.00 R 'tT6tifa8-RTTITL? S
$3,4.6B SA
-11/03/199
by
Sworn and subscribed to before me
this /35- day of 4&4i ?
19 9 A.D.
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