HomeMy WebLinkAbout02-1760SZELES REAL ESTATE DEVELOPMENT
COMPANY,
Plaintiff
VS.
CONTEMPORARY TECHNOLOGIES, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NOTICE
TO DEFENDANT NAMED HEREIN:
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 TO 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.
NOTICIA
LE HAN CEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS
DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL
PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICAClON. USTED DEBE PRESENTAR UNA
APARIENCIA EXCRITA O EN PERSONA C POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA
EXCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA
AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA
ORDEN CONTRA USTED SIN PREVlO AVISO O NOTIFICAClON Y POR CUALQUIER QUEJA O ALIVIO QUE
ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA CEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABCDAGO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17101
(717) 232-7536
SZELES REAL ESTATE DEVELOPMENT
COMPANY,
Plaintiff
VS.
CONTEMPORARY TECHNOLOGIES, INC,,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
COMPLAINT
AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and
makes the following Complaint in this matter:
1. The Plaintiff is Szeles Real Estate Development Company, a limited partnership
which maintains offices at 5112 Lancaster Street in Harrisburg, Dauphin County,
Pennsylvania. Plaintiff has designated A. Richard Szeles as its managing partner for
purposes of this litigation.
2. The Defendant is Contemporary Technologies, Inc., believed by Plaintiff to be a
Pennsylvania business corporation which maintains its principal offices at Four Gateway
Center, 444 Liberty Avenue, Suite 1800, Pittsburgh, Allegheny County, Pennsylvania.
3. Plaintiff is the owner and manager of a commercial office building located at
4999 Louise Drive in Mechanicsburg, Cumberland County, Pennsylvania.
4. Pursuant to a lease signed by Defendant on 5 October 1998 and by Plaintiff on
18 November 1998, Defendant leases space in the Plaintiff's property at 4999 Louise
Drive. A copy of the lease for the premises occupied by Defendant is attached hereto and
marked as Exhibit A.
5. Under the terms of the lease, and specifically Paragraph 4 of the lease,
Defendant is to pay monthly installments of rent to Plaintiff on the first day of each
month.
6. Pursuant to the terms of the lease, and specifically Paragraph 4, Defendant is
to pay rent in monthly installments on the first day of each month.
7. Paragraph 4 (a) provides a late payment charge for all rent payments received
five days after the date they are due. That paragraph provides specifically:
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 ten (10%) percent of such monthly installment and an additional
ten (10%) percent for each and every month the balance remains unpaid.
8. Since June of 2000, Defendant has repeatedly paid its rent late and has failed,
on at least eighteen (18) separate occasions, to make payments so that they are received
by Plaintiff on the first of the month. Attached hereto and marked as Exhibit B is a list of
the dates the rent payments were received by Plaintiff from Defendant from July 2000
until March of 2002.
9. Under the terms of the lease, Defendant owes Plaintiff late payment fees, or
"additional rent" in the total amount of 914,634.95, calculated in accordance with
Paragraph 4 (a). Attached hereto and marked as Exhibit C is a calculation of the late
payment rent which is due.
10. Despite repeated demands by Plaintiff and its representatives, Defendant has
failed to make payment of the late payment fees due under the terms of the lease.
Defendant, by its conduct, has injured Plaintiff in the amount of 914,634.95, as of 31
March 2002.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
914,634.95 as of 31 March 2002, plus such additional late payment fees and interest as
accrued thereafter, under the terms of the lease, plus interest on said sum at the lawful
rate until paid, plus costs of suit.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1 2th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
A. RI'CHARD ~ZELES
EXHIBIT A
STANDARD OFFICE L.,EASE ,
THIS LEASE is made between Landlord and Tenant named below.
1. 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:
1st Floor: 3,030 rentable square feet or 2,705 usable square feet.
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 (1'2) 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.
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10.
11.
RENT. The yearly rent is $ 53,025.00 payable without demand, set-offor
ofL, ~,
counterclaim in equal monthly installments $ 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.
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.
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 Gualtieri
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.
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.
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 tree and correct copy of the
assignment or subletting agreement.
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.
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
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unr,egsonably withheld or delayed. Landlord mag. make ,emergency repairs without
Tenant's consent. In making any repairs to the Premise~, 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.
13.
DAMAGE TO PREMISES. If the Premises or Building are 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
term 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.
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 forms 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. ~vill carry standard fire and extended coverage insurance policies on the
Building and Premises.
(c)
(d)
,.Landlord will maintain the Building, the Premises, and any parking lot, Building
grounds or appurtenant structures without cd~t to Tenant m a first-rate manner.
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:
Dailv (except Saturdays, Sundays and holidays): Vacuum floors in Premises
and ill 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.
Wash exterior window surfaces.
Annually: Wash lighting fixtures and lamps.
As II.¢..qg_,~Si~: Replace fluorescent lamps and ballast. Wash walls, ceilings,
partitions and venetian blinds, clean draperies. Spot clean and shampoo
carpet; 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.
L,I. ABILITY 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 fi:om 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 any time 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 fi:om suits, actions,
damages, liability and expense (including reasonable attorney's fees) in
connection with loss of life, bodily or personal injury or property damage
arising fi:om 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 (just 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.
0. Without limiting the foregoing, Tenant shall provide a minimum of One
Million Dollars ($1,000,000.00) in liability insurdnce 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 term, 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 fumished 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 perfomied or materials fumished 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
19.
20.
21.
w. aiver shall extend only to the coverage of such insu?nce. 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.
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
Attorney-in-Fact of Tenant irrevocably to execute and deliver any such instrument
or instruments for and in the name of Tenant.
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 fome and effect (or iftherc
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 fight of Landlord hereunder (and if so specifying the same in detail); (iii) The
dates to xvhich 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 are 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.
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
ba 'nkruptcy or reorganization under any state or federal law (unless in the case of
involuntary proceedings, the same shall be dismissed within thirty (30) days after
institution), or (d) any execution issued against Tenant which is not stayed or
discharged within fifteen (15) days after 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 fights enumerated in
Paragraph 31 herein.
22,
C,OMPLETION OF PREMISES. Prior to the ,cgmme3cement 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.
24.
25.
26.
27.
28.
M,EASUREMENT OF PREMISES - COMPUTATION OF RENT. The
rent stated in Paragraph 4 is calculated on the b~sis of~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 $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.
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.
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.
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.
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.
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.
30.
31.
S ,MOKING REGULATIONS. Employees may. smok?,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.
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.
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 terms or
provisions of this Lease shall be cumulative and concurrent.
32. ENVIRONMENTAL COMPLIANCE.
(a)
(b)
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").
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 governn~ental
agency which pertains to the Premises regarding but not limited to the
following: (1)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 of a hazardous substance or hazardous
waste which has occurred in the Premises.
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(c)
(d)
(e)
(0
(g)
(h)
(i)
Tenant shall immediately notify Landlo3d of it§'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 infommtion.
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 seq, and the regulations promulgated thereunder.
Tenant shall promptly supply to Landlord tree and complete copies of all
sampling and test results obtained from any samples and tests taken at or
around the Premises.
In the event of any "release" of a "hazardous substance" or "hazarfious 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.
At anytime during the term 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.
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 ofremediation and
cleanup and future site maintenance.
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,
!1
33.
34.
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.
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 term 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 governmental
authorities having jurisdiction with respect to the operation of the Tenant's
business.
RULES AND REGULATIONS. Tenant and Tenant's officers, employees, agents,
and invitees shall comply fully with all of the reasonable roles 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 roles and regulations at any time during the term of the
Lease or any extensions or renewals thereofi 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 Premise, and related facilities, as
well as for the purpose of preserving good order in and on the Building, the
12
'l°rc'~"ses, :md its related facilities. Tenant arid Ten~t~t s officers, employees,
agct~ls, and invitees shall be bound by the adoption and implementation of rules
a,~d ~cguk~tions and by any changes, additions, or deletions to the rules and
rc't"'flati°ns ,pon receipt by Tenant of written notice from Landlord setting forth
the ~ulcs ;md "cgulations or the changes, additions, or deletions, as the case may
be. I'ena,~! .xh.'fil be fully responsible and accountable for the compliance of
Tc'n:ml,s officers, employees, agents, and invitees with all such rules and
rcgtt I-'il io~ls.
ATTACHMENT~ AND I)VI.ETIONS. The following exhibits attached to this Lease form a part
hereof and were att&.hcd hereto before this Lease was signed by the parties:
EXHIBIT "A"
EXHIBIT "A" NOTES
13
· IN WI~'NESfl ~WI-IEREOF, Landlord and Tenant have sigfi~ed and'dated this Lease.
LANDLORD:
Szeles Real Estate Development Company
Date: ///~/~J"
TENANT:
Contemporary Technologies
Title:
Date.'
(Co.orate Seal)
14
· .' .~ EXHIBIT "A" NOT, ES
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 offwhite
II
,il
EXHIBIT B
Contemporary Technoloqies
Rent ReceiPt Listinq
July 2000
August
September
October
November
December
January 2001
February
March
April
May
June
July
August
September
October
November
December
January 2002
February
14th
4th
15~h
15th
15th
30~h
16th
7th
13~
9th
15t~
27th
17~
19th
26t~
7th
26th
30~
7th
Month/Year Rent Calculation
July-00 481
August-00 4.1~1
September-00 481.39+2(4.81)
October-00 481.39+3(4.81 )+4.81
November-00 481.39+4(4.81
December-00 481.39+5(4.81 )+3(4.81 )74.81
January-01 500.64+6(4.81 )+4(4.81 )+2(4.81)
February-01 500-64+7(4.81)+5(4,81)+2(4.81)+5.06
September-01
October~)l
November-01
December-01
January-02
February-02
March-01 500.64+8(4.81)+6(4.81)+3(4.81)+2(5.06)+5.06 April-01 500-64+9(4.81)+7(4.81)+4(4.81)+3(5.06)+2(5.06)+5.06
May-01 500-84~'10(4.81)+8(4.81)+5(4.81)+4(5_{3G)+3(5.06)+2(5.06)+5.06
June-01 500.64+11(4-81)+9(4.81)+6(4.81)+5(5.06)+4(5.06)+3(5.06)+2(5:06)+5.06
July-01 500-64+12(4.81)+10(4-al)+7(4.81)-,6(5.06)+5(5_06)+4(5 06)+3(5D6)+2(5.06)+5_06
August-01 500-64+ 13(4-81)+11(4-81)+8(4.81)+7(5.06)+6(5.06)+5(5.06)+4(5.06)+3(5.06)72(5.06)
+5.06
500.64+14(4.81 )+12(4_81 )+9(4.81 )78(5.06)+7(5.06)+6(5.06)+5(5.06)
+4(5.05)+3(5_06)+2(5.06)+5.06
500.64+ 15(4.81 )+13(4.81 )+10(4_81 )+9(5.06)+8(5.06)+7(5.05)+6(5.06)
+5(5-06)+4(5.06)73(5.06)+2(5.06)+5.06
500_64+16(4.81 )4-13(4.81 )+11 (4.al)+10(5.06)+9(5406)+8(5.06)+7(5.06)
+6(5.06)+5(5.06)+4(5.06)+3('5 06)+2(5.06)+5 06
500.64717(4.81 )+14(4_81 )+ 12(4.81 )+11(5.06)+9(5.06)+8(5.06)+7(.5.08)
+6('5-06)75(5-06)+4(5.0§)+3(5.06)+2(5_06)+5.06
520.67+ 18(4.81 )+15(4.81 )713(4.81 )712(5.06)+11(5.06)+10(5.~36)+9(5.05)
+8(5.06)+7(5.06)+6(5.06)+5(5.06)+4(5.06)+3~5.06)+2(5.06)+5.06
520.67+19(4.81 )+ 16(4_81 )+14(4_81 )+13(5.06)+ 12(5.06)711 (5.06)+ 10(5.06)
+9(5'06)78(5.06)+7(5-06)+6(5_06)+5(5.06)+4(5.06)+3(5,06)+2(5_06)+5.06
March-02
'"'"" 20(481) 17(4~1) 15(481) 14(506) 13(506) 12(506) 11(506)
+10(5.0§)+9(5_06)+8(5.06)+7(5.06)+6(5.06)+5(5.06)+4(5.06)+3(5.06)+2(5.20)+5.20
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01760 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SZELES REAL ESTATE DEV CO
VS
CONTIMPORARY TECHNOLOGIES INC
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
CONTEMPORARY TECHNOLOGIES INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 22nd , 2002 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Allegheny Co
Notary
18.00
9.00
10.00
34.75
3.00
74.75
04/22/2002
SAMUEL ANDES
R.~ Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~.~f~ day of %~.~_~
~L~o 2~ A.D.
· ! Prothonotary u '
Return this form to C~berland County Sheriff's office.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Szel~s Real Estate Development Cc~npany ~~
VS.
Cont~t~porary Technologies, Inc.
SERVE: same No. 02 1760 civil
Now, April 10, 2002
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Now,
~lock//7~ M. served the
within
upon
by handing to ,/~/'F~l-~'~zz ~_
a
and made known to
copy of the original
the contents thereof.
Sheila }:~ O'5r~en ~orary PuOl~c J
Sworn ~d subscribed before
me ~s __ day of~~
So answers.
COSTS
SERVICE ~7h'5 $
MIl~EAGE
~3FID^V~T ~ LO
SZELES REAL ESTATE DEVELOPMENT
COMPANY,
Plaintiff
VS,
CONTEMPORARY TECHNOLOGIES, INC.,
Defendant
PRAECIPE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
TO THE PROTHONOTARY:
Please mark the above-captioned matter "settled and discontinued."
Date: 29 April 2002
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1 2th Street
Lemoyne, Pa 17043
(717) 761-5361