The URL can be used to link to this page

Home My WebLink About06-3146 f' I. STIPULA TlON AGAINST LI NS , IN THE CbURT OF COMMON PLEAS OF CUMBER4AND COUNTY, PENNSYLVANIA 'NO, MLD 2006 - 3/'I/' 14- ESTATE OF HAROLD A SHAUB Owner v_ GATEWAY REHABILITATION CENTER Tenant AND C, W. SMITH CONTRACTING, INC, Contractor WHEREAS, Tenant and Contractor entered into an agreement for office renovations to the lower level of the Pine Building of the West Shore Office Park located at 5 06 Lenker Street, Mechanicsburg, Pennsylvania ("the Premises") under the terms and conditions set forth on Proposal #06005 dated February 20, 2006 (the "Contract") identified as Exhibit A attached heret ("the Project"); and WHEREAS, in consideration for the agreement, Owner has requ red Contractor and Tenant to waive any claim which they have or may acquire, on behalf of themselves, thei subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor and Tenant agree as follows; 1, Neither Contractor nor Tenant nor any of their subco tractors or suppliers shall file any Mechanic's Lien against the Owner and/or its agents, successors and/o assigns or against the Premises on account of the performance of any labor or the furnishing of any material with regard to the Project. 2_ Contractor shall inform all subcontractors and material uppliers with regard to the Project that Contractor and Tenant have waived any rights which they may h ve to file a lien against the Owner and/or its agents, successors and/or assigns or against the Premises_ .1' 11 I I IN WITNESS WHEREOF, Owner, Contractor and Tenant, intendi~g to be legally bound hereby, has caused this instrument to be duly signed by their duly authorized repreSen\atives, OWNER: ESTATE OF HAROLD A. SHAUB ~~~ma'W Witness _ 'iht/06 By: Property Mana ement, Inc" Agent Date: CONTRACTOR: C. W, SMITH CaNT ~nA<k-00 &A Witness Janet S. Smith, ~..=/ Date: May 24, 2CJ06 By: TENANT: GATEWAY REHABILI ATION CENTER ~4~ Witness . Date: -5iVJ6 By: K<~pe-'M- S f I'll ~ I J)~.J q.. .f' 11 C. W. Smith Contract-ng, Inc. 2634 Darlington Rd./P.O. Box 1500 724/843-6410 Beaver Falls, PA. 15010 E-Mail cwscont(Cilbellatlantic.net Fax 724/843-3225 PROPOSAL #06005 TO: Gateway Rehab Moffett Run Road Aliquippa, PA 15001 i I Da~: February 20, 2006 Jo~: Gateway Rehab Pine Building Harrisburg, PA Attn: Ed Rosiak Phone: 412) 766-8700 F x: Furnish labor, material, and equipment to complete construction per your ske ch and list of repairs. Sketch, List of Repairs and Scope of Work attached. COMP ETE FOR THE SUM OF . . . . . . . . . . o 01.50 Alternate #1 - Side Entrance Add (2) Pole Lights and (1) Light Over Door Add Awning Over New Entry Door ADD ALLOW NeE $4,400.00 Alternate #2 - Mechanical Room ADD Relocate Existing Door to Mechanical Room and Relocate It At Stairway $ 750.00 Alternate #3 - Panic Hardware ADD Furnish and Install New Panic Hardware on (2) Existing Doors at Stairway $1,000.00 Building Owner/Landlord is responsible for $50,000.00 payment toward total ontract amount with in 10 days after the certificate of occupancy is issued. This amount is guaranteed y Lessee, Gateway Rehabilitation. ACCEPTANCE You are hereby authorized to complete the work mentioned in the above proposal, f r which you agree to pay the amount mentioned in said proposal and according to the terms thereof. AcknOWledges and Accepts: For By Dat S-'f-rJ(, v_~~~~~ A 1 ~~ ~ .f ,- c.w. Smith Contracting, Inc. 2634 Darlington Rd./P.O. Box 1500 724/843-6410 Beaver Falls, PA 15010 E-Mail cwscont@bellatlantic.net Fax 724/843-3225 Gateway Rehab Pine Building - Harrisburg, PA Scope of Work General Reauirements Supervision, Lodging, Travel, Dumpsters and Final Cleaning. Plans & Permits ( 800_00 Allowance). Demolition Remove Floor Finishes, Remove Cove Base, Remove Acoustical Tile Ceiling a d Grid, Remove Doors, Remove Existing Walls as Needed, and Clean Up, Carpentrv Construct New Stud Walls 16" a.c., Install Ranch Casing at Doors and Windo s as Needed, Furnish and Install 5' of Base and Wall Cabinets (Allowance of $1 ,000.00), Furnish and Inst II Wire Shelving (Allowance of $300.00 for Material), Furnish and Install Sound Batt Insulation in Walls and Ce lings, Furnish and Install 10" Batt Insulation in Wood Floor Joist. DoorslWindows Furnish and Install Solid Core Pre-Hung Doors as per Plans Including New Do rs at Baths & Closets, Furnish and Install Sliding Window at Waiting Area, Furnish and Install Aluminum Exit oor to Ramp and Interior Storefront Vestibule and Door (Allowance $3,909.00). Finishes Furnish and Install Drywall, Acoustical Tile Ceilings, Carpet ($11_00 / Sq.Yd. All wance), Vinyl Flooring, Cove Base, and All Painting, Plumbina Pull and Reset Toilets in Restrooms for New Floors, New Sink and Faucet for itchenette. HVAC Furnish and Install Necessary Duct Work and Diffusers per New Room Layout sing Existing Heating System and Duct Work. Electric Furnish and Install (40) 2' x 4' Lighting Fixtures, (45) Duplex Receptacles, (10) ew Circuits, (20) Light Switches, and New Wiring to Meet Code. Exhibit A 2 of 3 /15/2006 22: 59 FES. '2;. '20.06 {THL:l , f', . a.. 't; '" '.c, .", ",' ~ f " . ~ .: -H. ' :u ~ . '<:.I .. 1.. . ...~..' ,.,'" . 1.. """ 1 ........ ':'~.Q ,.,. "",.""1., . ~ IU ~\ V 'eo...,' -~ ~ " , ~ '" ~. j '[1. Q ,~ .... -3, I. . ~ -:J '0 cr -'<I --,; .... "... oJ' ~ ::> \l ." ~ \j ~ ~ ~ . Q ., '-~ 'l( '<.l ... .~ .<>: ~ .~ ~ ~ o! '~ .>.. "- ;..,,' "- '" Il--.. ~ , ~~ -;.. "0 " .. \n. :! ).1 ~h,;., r-. .... .... ,~ , ~ , 'I..( " '" t ~ '1'. b/" ,~ ,~ .. t;.) ~ ~ ",=, vi ~ ~ 7243757956 PAGE 04 PAO!l:. 1 11 ~ 1 C W SMITH CONi^^CilNO 724 649 ,229 . . 0-- . '... ... ~ 0:;.', .,'g,' ,~ ,:J1'~. I' , . ~ " ~' -" ~' "", .1 '~ """ '-'l ~ ~s=s ~ \.:; ..... ~,:~~.c'l-:-I'J. 1 ,~ , ~. , ' I '('. III ' . . , I t .:1~,'f '~.~,.~ -'I , . , I,.~ , ,L...-..) -- '-U " I , , .. i I. ~ J ,... ;I ~ . I ~ \0 ,I -_~l_ . b I I I i I I '1<;) "-'-~"'-~.-" ,..,' . I r., -' . " 1\ J ,r-1 ~' ;.,,~ " I ~ , . b "1- -~ .- . . ..." ./ 1_-, 'If I, \, L__--=- ..J e:f "u ... . ".. .c..... ......~ ";, ,l.:. "_.. ..'''. __ ,.... ..... .....,,- ~~ Exhibit A 3 of 3 r " COMMERCIAL LEASE PARTIES ,,1/ /1 THIS AGREEMENT OF LEASE, is made this /1 'tL day of L--- ? /1U1 , '. ') (z) t- between PROPERTY MANAGEMENT, INC., Agentfor the Estate of Harold A. Shaub (for the purpose of this Lease to be known as "Lessor") and GATEJf4Y REHABILITATION CENTER (for the purpose of this Lease to be known as "Lessee"). PREMISES WITNESSETH, that Lessor in consideration of the rents and covena ts hereinafter mentioned, does demise and lease unto Lessee, all that certain space to be sed for office purposes, hereinafter referred to as "the Space", and more specifically described s follows: BUILDING: Pine Building of the West Shore Office Park ADDRESS: 5006 Lenker Street, Mechanicsburg, Pennsyl ania 17055 SQUARE FOOTAGE FLOOR 3,157 rentable First TERM TO HAVE AND TO HOLD, unto Lessee, subject to the conditions )f this Lease, for the term beginning July 1, 2006 and ending June 30, 2013. SECURITY DEPOSIT A "security deposit" in the amount of Three Thousand One Hundr d Forty Nine and 111100 Dollars ($3,149.11), paid upon the execution of this Lease, shall be he d by Lessor as security for the performance by Lessee of all the terms, covenants, and conditio 1S of this Lease and/or the correction of damage in excess of normal wear and tear; otherwise, th "security deposit" , or any balance thereof, shall be returned without interest after the Lesse has vacated and left the premises in acceptable condition and surrendered all keys to Lessor, It is understood and agreed that the said "security deposit" is not to be considered as the last payrr ent under the Lease, Exhibit B r .' BASE RENT IN CONSIDERATION of which, Lessee agrees to pay to Lessor fo the use of the Space, the following sums, to be payable in monthly installments, in advance on the first day of each calendar month during the period. Period From July 1, 2006 July 1, 2007 July 1, 2008 July 1, 2009 July 1, 2010 July 1,2011 July 1, 2012 To June 30, 2007 June 30, 2008 June 30, 2009 June 30, 2010 June 30, 2011 June 30, 2012 June 30, 2013 Period Rent $ 37,789_32 $ 38,922_96 $ 40,090,68 $ 41,293.44 $ 42,532,20 $ 43,808,16 $ 45,122.40 LATE CHARGE Monthly Rent 3,149_11 3,243_58 3,340,89 3,441_12 3,544,35 3,650,68 3,760,20 Any rent not paid within ten (10) days of its due date shall be subjec to a ten percent (10%) late charge. Payments, when received by Lessor, shall be applied first 0 delinquent rents and late charges, if any. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several days and ti es specified herein without deduction or abatement, unless hereinafter provided to the contraIl" at the principal office of Lessor or such other address as Lessor may from time to time design te in writing. INABILITY TO GIVE POSSESSION Lessor shall not be liable to Lessee for any damage which may be C1 used to Lessee by the failure of Lessor to give possession of the Space by July I, 2006, if the fail re is not due to any fault on the part of Lessor, unless hereinafter provided to the contrary. HOLDING OVER AS RENEWAL A hold over by Lessee beyond the terms of this Lease or any ereinbefore duly authorized additional term, or failure of Lessee to give notice of its intention tb vacate the Space at the end of such term at least 120 days prior to such end of term, shall, at thf option of Lessor, be deemed a renewal of this Lease on a month-to-month basis, with the renew",l being under and subject to all provisions contained in this Lease, with the exception of any pro ision for the base rental rate. Monthly rent owed to Lessor during any hold over period shall e one hundred fifty percent (150%) ofthe monthly rate upon expiration of the original term. , 2 . UTILITIES & SERVICES. ETC. Lessor agrees to provide the following: UTILITIES: Electricity (sufficient to provide an adequate and uniform level of ill mination, air conditioning, ventilating and air circulating equipment and other buil ing machinery and equipment, heat, and hot and cold water). Heat, ventilation, and air conditioning. Water (hot and cold), Public sewer or private septic service (whichever is applicable). Removal and disposal of refuse (with the exception of any refuse \I hich would come under the classification "Biohazard", "Infectious Waste", or "Chemotherap utic Waste" such as from a medical facility, in which case removal and disposal would b the Lessee's responsibility). SERVICES: Janitorial service in the common areas only. Snow Removal (required removal of snow and ice from the pavem nt(s), driveway(s), and parking area(s), if any). Building Repairs (building standard repairs including the changing of light bulbs and fluorescent tubes, plumbing, electrical repairs to and maintenance 0 existing systems). Lessee agrees to provide (including but not limited to) the following: Janitorial service in the leased premises. Telephone & computer systems and service If Lessee desires to introduce computer or telephone wires and instr ments, the Lessor will place or direct the placing of same as to where, and how, and to what exte t they are to be placed, and without such direction, no boring or cutting for wires will be penni ed. The attaching of wires to the outside pf the Building is absolutely prohibited. No attac ment shall be made to the , 3 , .lot electrical system of the Building for the running of electric fans r motors, for storing of electricity, or for any other purpose without the written consent of he Lessor. Further, the electricity supplied to the demised premises shall not be used for any 0 her purpose than lighting fluorescent and incandescent lamps, typewriters, calculators, elect 'c clocks, letter folders, dictating equipment, personal computers, and other office equipmen that will not require an unusual amount of electricity, without the written consent of Lessor. The Lessor, in all cases, reserves and retains the right to require the placing and using of elect ical protecting devices to prevent the transmission of excessive currents of electricity in, to, or th ough the Building, and to require the changing of wires and their placing and arrangement s the Lessor may deem necessary; and further, to require compliance on the part of all using or seeking access to such wires with such rules as the Lessor may establish relating ther to, and in the event of noncompliance with the requirements and rules, the Lessor shall hav the right to immediately cut and prevent the use of such wires. In case the Lessee, in the r asonable judgment of the Lessor, uses electricity in an extravagant or unreasonable manner, sai Lessor may require said Lessee to put in a meter or meters and pay for the amount used (if su h would occur, the rental payments would be reduced by the amount allocated therein for the c sts incidenlto supplying a reasonable amount of electricity to the demised premises), or in defau tthereof, the supply to be cut off. NEGATIVE COVENANTS OF LESSEE (a) Waste. Damal!e, or Iniurv to Premises: Restoration No waste, damage, or injury to the Space shall be committed, and t the end of the tenn, the Space shall be restored, at the option of the Lessor, to the same cond tion in which it was at the commencement of the tenn, and the cost of said restoration shall be aid by Lessee, which cost shall be treated as additional rent due and owing under the tenus ofth s Lease. This paragraph is subject to the exceptions of ordinary wear and tear and unavoidabl damage by tire, elements, casualty, or other cause or happening not due to Lessee's negligence. (b) Lawful Possession. Fire Preeautions. Maehinerv. Weil!hts Lessee shall not carry on any unlawful or immoral business in or ab ut the Space, and shall not carry on any business which will endanger the Building from fire or ause a forfeiture of any fire insurance that Lessor has or may hereinafter have on the Buildin. Lessee shall use every precaution against fire or activities which would cause a forfeiture 0 any fire insurance. Lessee shall not operate any machinery or equipment that may be hanufult the Building or disturbing to other occupants of the Building, nor place weights in any portion fthe Space beyond the safe carrying capacity of the structure. 4 i " (c) Sil!ns Lessee shall not place any signs upon the exterior of the Space nor ause any lettering of any kind whatsoever to be placed upon the outside windows of the Spac . Lessee may, however, place a sign upon its door. (d) Alterations and Imorovements Lessee shall make no alterations, additions, or improvements in or about the Space without Lessor's prior written consent. All such work shall be done at such ti e and in such manner as shall minimize any inconvenience to other occupants of the Building. As a condition precedent to Lessor's consent, Lessee shall deliver to Lessor written plans and pecilications for all work and written plans and specifications for all heating, ventilating, and ir conditioning alterations and/or improvements. Lessor shall have the right to approve any cont actor to be used by Lessee in connection with any approved alterations and/or improvements t the Space. Lessee shall comply with all governmental rules and regulations in connection ith such work and shall prevent any lien or obligation from being created against or imposed pon the Building and will discharge all liens and charges for services rendered or materials fi mished immediately after said liens occur or such charge becomes due and payable. Any alterations, additions, or improvements made by Lessee and any fixtures installed as part ther f, shall at Lessor's option become the property of Lessor upon the expiration or sooner tenninati n of this Lease. (e) Vacation Lessee shall neither vacate nor desert the Space during the tenn of thi Lease nor pennit same to be empty and unoccupied. (I) Assil!ninl!. etc. bv Lessee Lessee shall not have the privilege of assigning or subletting the pace, or mortgaging any interest it may have by virtue of this Lease, unless the written consen of Lessor is first obtained, such consent to be reasonable and shall not be arbitrarily withheld. 5 . LESSOR'S RIGHTS (a) Rieht of Inspection It is agreed and understood that Lessor, Lessor's duly authorize agents, contractors, and employees may enter the Space at reasonable times during the term fo the purpose of inspecting. (b) Rules and Reeulations Lessor may from time to time establish reasonable rules and regulati ns for the safety, care, and cleanliness of the Space and the Building, and for the preservation 0 good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, fo a part of this Lease. REMEDIES OF LESSOR If Lessee should remove or prepare to remove, or attempt to remove from the Space before the expiration of the term or at any time during the continuance of this Le se, or if Lessee shall be in default of any installment of rent for the period of thirty (30) days, or hould there be a default in any of the covenants or conditions as herein contained, and should essee fail to remedy such default within thirty (30) days of notice, or if Lessee should bee me insolvent, or make an assignment for the benefit of creditors, or if a petition in bankruptcy i tiled by or against Lessee or a Bill of Equity or other proceeding for the appointment of a recei er for Lessee is tiled, or if proceedings for reorganization or for composition with creditors un er any state or federal law be instituted by or against Lessee, or if the real or personal property f Lessee shall be sold after levy by any Sheriff, Marshal, or Constable, then in that event, rent ~ r the unexpired portion of the then current term of this Lease, at the rate which is then due and collectible under the terms of this Lease, shall immediately become due and payable and shall b collectible by distraint or otherwise, and Lessor shall have the further right in said event, t forfeit and terminate this Lease; the said forfeiture to be effected by giving notice in writing to Lessee herein or to the person then in charge of the Space. RESPONSIBILITY OF LESSEE (a) Damaees or Iniury to Property All damages or injuries, as acknowledged by Lessee, done to th Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of essee, and individuals for whom Lessee is responsible, other than those caused by ordinary wea and tear, shall be repaired by Lessee at its expense. Lessee covenants and agrees to make su h repairs upon thirty (30) days' written notice given to Lessee by Lessor, and if Lessee shall ne lect to make said repairs or commence to make the same promptly or complete the same wi hin thirty (30) days after receiving such notice, Lessor shall have the right to make such repair at the expense and cost of . , 6 :( .I Lessee, and the amount thereof may be collected as additional re t accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional r nt for the use of the Space during the entire term. (b) Pavment of Judl!ment. etc. Lessee shall bear, pay, and discharge when and as the same be ome due and payable all judgments and lawful claims for damages or otherwise against Le sor, arising from Lessee's confirmed negligent use or occupancy of the Space and will assume the burden and expense of defending all such suits, whether brought before or after the expira Lon of this Lease, and will protect, indemnify, and save harmless Lessor, or Lessor's agents, se ants, employees, and the public at large. (c) Discharl!e of Liabilitv In consideration of securing this Lease at the above-stated rent, Les ee does hereby release and discharge the Lessor, its agents, servants, and/or employees, and sai Lessor's successors and/or assigns, from any and all liability by reason of any injury, loss, an lor damage to any person and/or property in the demised premises, whether belonging to L ssee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage f any water pipe, gas pipe, sewer, basin, water closet, steam pipe, and drain in any part or port' n of the Space and/or any part or portion of the Building of which the Space is a part, and fro all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets, and ains, or from any kind of injury, loss and/or damage which may arise from any other caus on the premises or in the Building, unless directly attributable to Lessor's negligence. RESPONSIBILITY OF LESSOR (a) Partial or Total Destruction of Property In the event that the Building or the Space shall be totally or subs anti ally damaged by fire or other casualty or happening, this Lease shall not terminate, but in uch event Lessor agrees to repair, restore, or rebuild the Space as the case may be, subject to he availability of insurance proceeds, to its condition immediately prior to such damage or de truction with due diligence and within four (4) months after such damage; and in the event that he demised premises cannot be repaired, restored, or rebuilt as aforesaid, within such four (4) onths' period, Lessor's sole remedy shall be the right to cancel and terminate this Lease withou further liability on the part of either party. The rent payable hereunder shall entirely abate in c se the demised premises are substantially destroyed or so damaged as to be rendered untenanta Ie, or abate proportionately according to the extent of the injury or damage sustained by the Spa e, if it is not substantially 7 " destroyed but is rendered partially untenantable, until the Space shall have been restored, repaired, or rebuilt, as the case may be, and put in proper conditi n for use and occupancy. Lessor agrees to institute such repairs immediately after such damag and to complete the same with due diligence and within a reasonable time. Partial destructi n shall be restored within ninety (90) days from the date of destruction, and complete dest ction shall be completely rebuilt within 120 days from the date of destruction to the extent feasi Ie. (b) Dama!!e for Interruotion of Use Lessor shall not be liable for any damage, compensation, or claim by reason of inconvenience or annoyance arising from the necessity of making repairs, alteratio s, and/or additions to any portion of the Space, the interruption in the use of the Space, or the t nnination of this Lease by reason of the destruction of the Space. ACCEPTANCE OF NOTICE TO UIT'DISPOSSESSION' AIVER OF REMEDIES BY LESSEE; WAIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Space to Lessor at the expiration of the tenn hereof, whenever it may be det nnined, On failure to pay rent due for thirty (30) days, or upon confinned breach of any other condition of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" ereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor, a d Lessor may reenter the premises and dispossess Lessee without thereby becoming a trespasse . CONFESSION OF JUDGMENT If rent and/or charges hereby reserved as rent shall remain unpaid for hirty (30) days beyond any day when the same should be paid, Lessee hereby empowers any othonotary or Attorney of any court of Record to appear for Lessee, in any and all actions whi h may be brought for rent and/or the charges, payments, costs, and expenses reserved as ren , or agreed to be paid by Lessee and/or to sign for Lessee an agreement for entering into any c mpetent court an amicable action or actions for the recovery of rent or other charges or expens s, and in said suit(s) or in said amicable action or actions to confess judgment against Lessee fi r all or any part of the rent specified in this Lease and then unpaid including the rent for the enti e unexpired balance of the tenn of this Lease, and/or other charges, payments, costs, and ex enses reserved as rent or agreed to be paid by Lessee, and for interest and costs together with n attorney's commission of ten percent (10%); and judgment in ejectment as herein provided ay be entered concurrently therewith. Judgment may be confessed repeatedly until any deficienc is collected. 8 ;,. .( , EJECTMENT At the end of said term, whether the same shall be determined by for eiture or expiration of the term, or upon the breach of any of the conditions of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, Lessee authorizes ny attorney of a court of record in Pennsylvania to appear for Lessee in an amicable action of ejectment and confess judgment against Lessee in such action and Lessee in such eve t further authorizes the immediate issuance of a Writ of Possession for the same, with Writ. f Execution for the costs, and with reasonable attorney's fees for prosecution of such action, LIABILITY RELIEF Lessee hereby relieves Lessor from all liability by reason of any inju ,loss, and/or damage to any person or property in the Space which may arise from or be due t the use, misuse, or abuse of the elevator(s), if any, hatches, openings, stairways, or hallways, t at may be '(or have been) constructed in the Building, or from any kind of injury, loss, and/or damage which may arise from any other cause on the premises or in the Building, unless direc ly attributable to Lessor's negligence. POSSESSION DEFINED Possession of the Space includes the exclusive use of the same, togeth r with the use, in common with any other occupants of the Building, of the hallways, stairs, eleva or(s), ifany, toilet rooms, parking area, if any, heat, air conditioning, electricity, lighting, and wa er. REMEDIES CUMULATIVE All remedies of Lessor shall be cumulative and concurrent. CONDEMNATION In the event that the Space or any part thereof is taken or condemned r a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of the ate title shall vest in the condemnor, and rent shall abate in proportion to the square feet f leased space taken or condemned or shall cease if the entire Space be so taken. If a pa taken substantially and unreasonably interferes with the function and efficiency of Lesse 's business, Lessee may terminate this Lease on the remaining portion of the Space by del vering a fifteen (I5) day written notice to Lessor, In any event, Lessee waives all claim against Lessor and the condemning authority by reason of the complete or partial taking of th Space. 9 ,: f ~ . SUBORDINATION OR SUPERIORITY' ASSIGNMENT BY LE SOR The rights and interests of Lessee under this Lease shall be subject a d subordinate to any first mortgage that may be placed upon the Space and to any and all advan es to be made thereunder, and to the interest thereon, and all renewals, replacements, and xtensions thereof. Any mortgagee may elect to give the rights and interest of Lessee under t is Lease priority over the lien of its mortgage. In the event of such election and upon notific ion by such mortgagee to Lessee to that effect, the rights and interests of Lessee under this Lea e shall be deemed to have priority over the lien of said mortgage, whether this Lease is dated p ior to or subsequent to the date of said mortgage. Lessee shall execute and deliver whatever in truments may be required for such purposes and in the event Lessee fails to do so within ten (10) days after demand in writing, Lessee does hereby make, constitute, and irrevocably appoi t Lessor as its attomey-in- fact and in its name, place and stead so to do. Lessor may assign its i terest in this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor her nder. OUIET ENJOYMENT Lessee, upon paying the said rent and perfonning the covenants of is Lease, .on its part to be perfonned, shall and may peaceably and quietly have, hold, and en oy the Space for the tenn aforesaid and any herein duly authorized additional tenn. NOTICE OF TERMINATION Anything heretofore notwithstanding, a written notice that Lessee int nds to tenninate this Lease shall be delivered to Lessor at least 120 days prior to the end of the te m of this Lease or Lessee's inaction shall, at the option of Lessor, result in the renewal of this Lease for a further tenn of thirty (30) days, and so on from month to month and the renewal(s) all be under and subject to all the provisions as contained in this Lease; provided, however, tha such renewal(s) shall be at a rental rate equal to one hundred fifty percent (150%) of the monthl rate upon the expiration of the original tenn. FINISHING ALLOWANCE It is clearly understood that the Space will be rented by the Lesse on an "as is" basis. Any modifications to the Space required by Lessee will be done at Lessee s expense and only with the prior written approval of Lessor, Such approval shall not be unreaso ably withheld and will only be given upon receipt of detailed specifications and a fully-execute renovation contract from a licensed, insured, and approved contractor. Lessee shall be respon ible for bearing the expense of and securing all necessary building pennits and certificates 0 occupancy from Hampden Township and for forwarding copies of the same to Lessor. Any mo ifications to the Space must be in accordance with current building codes and the minimum b ilding standards set forth in "Exhibit A" attached hereto. Lessor will pay $50,000.00 directly t contractor upon completion of said modifications after Lessor has inspected and accepted sai modifications. Contractor agrees to sign a Stipulation Against Liens agreement containing a copy of the signed contract entered into with Lessee prior to the commencement of work under t e contract. . 10 .... -.-.- 1_, . LEASE CONTAINS ALL AGREEMENTS It is expressly understood by the parties that the whole agreement bet'leen them is embodied in this Lease (executed in duplicate or triplicate as the case may be) an that no part or items are omitted, unless the same be hereinafter modified by written agreement s). HEIRS, ETC. This Lease shall be binding upon the parties hereto and their res ective successors and/or assigns. IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the hands and seals of their respective corporation or partnership, hereunto duly uthorized, intending fully to be bound thereby. LESSOR: PROPERTY MANAGEMENT, lNC., Agentfor the Es ate of Harold A. Shaub /1rJ If l)fl \ ~ Title: U I Lf ~/l {UI(N -r WITNESS:\~,/j/,' .10'''' z:-z. {I. k2~Le'L/Date: ~- I7ll 106 LESSEE: GATEWAY REHABILITATION CENTER ./ 4~7L~d/f'n/_ WITNES~tijd N/dedI:.. Title: Ke neth S. Ramsey, Ph,D. Presiden and Chief Executive Officer Date: 5 J 3 2bL1 c.. I I II 1 ,.'. Exhibit A II Minimum Buildin!! Standards 1. Renovations are restricted to the interior of the Space nd no alterations may be made to the exterior, windows, or basis support structure of the Buildi 2. Wall partition construction must be drywall, taped, fini hed with joint compound, and wallpapered or painted, over 3-5/8 inch metal studs, 3. Ceiling construction must be standard 2' x 4' metal gr d with 2' x 4' acoustical, fire-rated panels similar to existing ceiling system. 4. fixtures, Light fixtures must be standard 2' x 4' fluorescent tu e style similar to existing 5. Doors must be solid and hung on metal frames, 6. Carpet, if any, shall be 100% solution dyed nylon n less than 28 ounces per square yard with a 4-inch vinyl base moulding, 7. Any changes to the HV AC system or plumbing that m y be present in the Space must have prior approval by Lessor, 8. Any electrical work performed in the Space must be p rfonned by an electrician licensed to work in Hampden Township. Any plumbing work perfo ed in the Space must be perfonned by a plumber licensed to work in Hampden Township, 9. Any contractor which perfonns work in the Space mu be properly licensed and provide the Building Owner with certificates of insurance prior to th commencement of work evidencing worker's compensation, general liability (minimum of 1,000,000.00) and excess liability insurance. 10. Any contractor which performs work in the Space ust provide the Building Owner with a Stipulations Against Liens Agreement prior to the com encement of work. 11, Copies of necessary Hampden Township buildin certificates of insurance must be provided to Lessor prior to th renovation work. permits, licenses, and commencement of any 12. All renovation work must meet the requirements of exi ting building codes by the Hampden Township and/or the Commonwealth of Pennsylvania. i 12 (') .--:> 0 C':I ~::': ~ ~'11 o~ 1:__ ..... ~ "- ~::;: ::J::n ~ rnr -ni"~'" ,r-' ~ 10 - "::::,() IJ .-{-j - ~ ..J ,-- .t::\ ~ f".) ~ Cl W t":,. l 1