HomeMy WebLinkAbout95-06035
~. .-n.
~, tn,
....~
,
.. tJ)
-'0-'
~r--,_
~x- "
'i.C,
PROPBRTY MANAGBMBNT, INC"
Plaintiff
IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO, 9':/ - /:1>35 (i/14 ~.. ,jL-i.W'-.
CIVIL ACTION - LAW
v,
INSURANCB COMPANY OF
NORTH AMBRICA,
Defendant
NOTICB
YOU HAVB BBBN SUBD 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
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 PAPBR TO YOUR LAWYER AT ONCB. 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 LAWYER REFERRAL SERVICE
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTICIA
LE HAM DEMANDADO A USTED EN LA CORTE, SI USTED QUI ERE
DEFENOERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (~O) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DE FENS AS 0 SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA, SEA AVISADO QUE SI USTED NO SE DEFIENOE,
LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA, USTED PUEDE PERDER DINERO 0
SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
5006
charged for rent based upon the reduced space it occupied,
15, In accordance with the 1994 Amendment, Defendant was
charged additional rent based upon the reduced space it occupied.
16, Defendant breached the terms of the Lease, among other
acts, by failing to pay rent when due,
17. Defendant owes Plaintiff rent in the amount of
$6,043,00.
18. In addition, Defendant will owe additional rent for
1995.
19. In addition, the Lease contains, inter alia, an
acceleration clause in the event of default by Defendant.
20. The Lease term expires March 31, 1998.
21. In breach of the Lease, Defendant vacated the premises
on or about June 30, 1995,
22, Plaintiff has made and continues to make all reasonable
efforts to market in an attempt to relet the Lease Premises,
23. Plaintiff has been unable to secure a new tenant for
the Lease Premises,
24, Defendant is liable to Plaintiff for monthly rent in
the amount of $2,577,85 from July, 1995, until the expiration of
the term on March 31, 1998.
25. Defendant is liable to Plaintiff in the amount of
$85,069,35.
26, The Lease further provides, inter ilia, for payment of
attorneys' fees and costs in the event legal action is
instituted.
27, Defendant is liable to plaintiff for the following I
(a) Rent in the amount of $6,043,00;
(bl Additional rent for 1995;
(c) Rent until the expiration of the term in the
amount of $85,069.05; and
(d) Attorneys' fees and costs of suit.
28, Despite repeated demands, Defendant has failed to
satisfy its debt owing to plaintiff,
WHEREFORE, plaintiff property Management, Inc., demands
judgment against Defendant in favor of plaintiff and against
Defendant in an amount greater than $25,000.00 plus interest,
costs of suit and attorneys fees.
COUNT II
ALTERNATE BREACH OF CONTRACT
29. paragraphS 1 through 28 are incorporated herein by
reference as if set forth at length.
30. The 1992 Amp.ndment to Lease (part of "Exhibit Bill
provides for a term ending March 31, 1995, and provides for a
holdover term from month to month at the end of the initial term.
31. If this Court finds that the term of I,ease expired on
March 31, 1995, then Defendant ie liable for all chargee due
under the Lease through the date it vacated on June 30, 1995.
including but not limited to rent, additional rent and attorneye
written coulnt ol the L..lor. All luch alteratlon. or lmrrove.
m.nll m.d. by L..... lncepl mov.bl. olllc. furnltufI, .nd
movabh ~rtlllon.) .h.n. It tho option of L...or. bocom. tho
property ol Lellor at the termination 01 the LI... wlUlout
L...or do.. nol wlnl ..Id .ddltlon. ond I
.m.nl., Ih.y
co.t to Llllor.
wUl b. mov.d oIlhe
. demllld proml... by tho In.llllolloo
aUlraUoa., addition., Dr lmprovlm.nh by or
L..... .hlll n.lther do nor permit nor cou.. 10 b.
don. any ad or thin. which .hall crute any tn.chanlc'. or oth.r
Il.n or cl.lm ror Il.n ololo.t Ih. d.ml..d proml... or ony
plrt thereol, and Leu'l lor L...... L.....'. IUCC"lor. and
.1I1,l:u. contractor., ',ubcontrlctou, labor.r.. mat. rial
min. and aU p.non. whom,olv.r. h.r.by walv.., '.1......
I.d dhclolm. ony Ind .11 c1llm. Indlor rllhI. to I.y
meehal1lcl, or oth.r UID lor work. labor. or matertAl.
for thl furnl.hlnl or doln. 01 any m.ller or thlo. permlll.4
or re'lutrod by ooy tow, ordloanc., or flluI.llon (now or
hu..ner In lore.) or by tho turn. of Ihto L.... or otherwl..
'-
(do.. willi or without lho ""owl.dl' or con"DI ol.th. :
L...or'. 1...... her.by ..fI.. 10 Ind.mnlfy In4 nVI harmtnl
L...or ..01..1 any .nd .11 .uch II... ond c1olm. ond oil co.lI.
..p.n..., ..d .110 r..y'. II" I. coon.cllon thlflwlth i\ II..,
14111,,, ,"rllf~' ,;, fAt
fn....6/, '..";,,,, ,;'4""
of J.~".I',
.,.
-.. -.....-.---
-
w .
II. Oerault - C.neral
, .
J.ir; ..1
(a) Ilth. root h.reln r..erv.d. or any parlth.reor,
Ihall be In d.raultten (to) ~aYI an.r paym.ntlo due, or lIa
pelllion In b.okruptcy. wheth.r volun~ry or Involun~ry. IhaU
be ru.d by o. aa.ln'l L...... or 1/ L..... .hall be adJudl.d
· bankrupt or In.olvent by any court, or it. receiver or
trulh. In bankruptcy Of. recelver ollbe property of L.....
Ihall be appointed 10 any .ull or proc.edlna broulht by or aaaln'l
L....a. or 1/ L..... .hall makl an a..lanmenl ror thl blnlm
or credltoro, or Ir 10 exlcullon Ihall be I..ued alalnll L....I.
Dr lC Le. .1. defaults In the per(ormance of any ollb cOVlnant.
under thle L..... or Ir L..... (aI/liD comply wllh aoy
ordinance. f ,eawaUon.. or .tatut.. applicable to laid pr.mh.. t
thin In lOch and ovlry luch C"". thlro IhaU blcome dUI thl
reot provldld (or hire In (or thl (ull remalnlnl tlrm Dlthll
L....,
AtlorolY Dl any CDurt Dr RlcDrd tD applar (Dr Le..
and .11 actlDnl which may bl brDulht tD reCDVI
IDr the remainder Dr the term; and/Dr tD 0
an 'Irelment (or enlerlol In any CDm
D( ouch ront. .nd In oald
lulll Dr In oald Amlclble Dn or Acllonl 10 CDnll10
I (or thl renl dUI. and (or thl rent
o( thl lerm. and IDr Inlerllt and cOlta.
-n-
-
,l~oI~. '.
I
I
I
I
,
,
rth.r walv.. and
orce or her.arter to bl pall,d.
r1lhl ollnqul.ltlon on .ny rul ..tal.
(bl II the renl herein re..rved, or .ny parllher.ol.
.hall b. In d.l.ulllen (lO) d.y. .ller F.ym.nt Ie du., or Il
. p.IHion In b.nkruplcy, wh.lher voluntary or Involuntary.
.hall b. filed by Dr .1.ln.t L...... Dr II L..... .h.ll b.
.dJudl.d. hnkrupl Dr In.olvenl by any court, or II. r.celver
or lnuh. 1n bankruptcy or a ,lcIlver of the properly Dr Le....
.hall b. appointed In any .ull or proc..dln; broulhl by Dr
.1.ln.t L....., or 1/ L..... .h.1I mak..n ...Ianm.nl (or the
b.n.1Il 01 crodlloro, Dr 1/ .n ...cutlon ,h.1l b. I..u.d ..aln.1
L....., Dr 1/ L..... d,'auIU In Ih. perlormance oluy or
1\0 cov.n.nlo under thle L...., Dr lit..... 1.lh to comply
with any ordlnanc.., "aulatlon., Dr .talul.. appllcabl. 10
.ald prtmhu, then, and In Ilch and Iv.ry luch c.... any
Allo.n.y or .ny Courl 01 R.cord ollh. County 01 Cumberland
..
may, allh. roquOlI 01 L...or, and, II th. a..nl Dr Ih. attorn.y
,
-.,
..
01 L...... .I.n.n .a.um.nl ror .nl.y In a comp.lonl court
.'
an Amlcabl. Acllon 01 EJ.chn.nl and coni... Jud.m.nt In
E).elm.nlther.o. lor th. .ald proml... to any lerm, pa.'
-14-
,
." '.
"
,.
..
.. .
IN WITNESS WHEREOF. tho partin herlto have ,,"cuted
lh... pr..enl. tho day .nd yur Ilul .bov. wrlll.n.
LESSOR
ATTEST.
c11.-/,,-l {i ~
Slcrllary
(CD rp. SuI)
MIL~ILLER INC.
By ..0rP~
Prnld.nl
Not.. Principal but.. Alent
Forl~",lt D. I~Ul.r
tarl L. IIHllr
Joel r. f'l1lor
rd~ard ~. l:orrord
--OWn.r(.1
LESSEE
ror Ex.cutlon bv Individual.
WITNESSt
(SEALI
(1.......1 .' " 1
(1.......)
(SEALI
(SEALI
(1.......)
For Ex.cutlon bv Corporation
i-::'"':.
-,
'. ..
By
ItJS;;:trn ,
(Vlc.1 Pr..lofolll
(1.......) I
.~.
ATTEST I
(Aulltlntl S.culary
(Co.p. SuI)
.Zl.
, ,
.....-
niuur III 1,.,.1Ja dnt.,u ''l.. - So -~_
by Rnd belwel11\
'1300 rIJ:~ Wont, n rJrtner~hir
and
1nsurJncc Cllmpany of ::erth M::~ric.1
a Pennty Iv,1ni.1 Corpor:.ticn, Tenant
The pro\'i~iClnr.
of ~hi:l Lea:lll,
shall provail.
of thi~
II', tha
Ridcl' r.hall modU'Y thoSIl of tho pr',;:cocinlJ p1ral\r:1ph3
evcllt Qf any r.or.l'llct, the pt'ovi~ion~ of this Ridtr
3. Ba!:e Rent
Del.ate th! first pllra:;r:lph of .Irticlc 3, anrt :ulJstituta:
L'~:lMCO sh,ll pay Le!::Jor at bil~e rent, fer the us'! of said pl'pmises
tho Sll'~ of Elm:T HU!lDRED EICil7'{ -1';10 7HOU:.iAti!l, rIVE HUNDRED ErCtlTEEN
Dollars ($632,~18.1 p:lyalJle in monthly installments of Fourte'!n
Thousand Sevon Hundred ~~~ht DClllur~ and 63 Cents ($14,708,631,
each as folle\ls, thJt bcin,; !::iltht Dollars and forty-five cents
($8,45) ~er !:quare foct, Deletl) ~lIbpara!!raph (a) and substitut.:
(al rile fir~t month': rer.t ~hJll be paid b:' Les~ee on the
CCIli:aencemont Date.
Delete tlw Hord "first" in Sub~ar3"raph (b) and substitute:
Fifteenth,
4, Rent rncre1s0S
- -
Add at the tlud of th'! third pllraiiraph of f,'Jbarticle (II):
within thirty 1301 days.
Delote the last. para,r3ph of Subarticle (a) in its entirety and
substitute the f"tlll:~in,;:
In any lIvent, the alnolJllt of real estate ta~ actuallj' pal'll by
Le;lsor durin!! the base year shall be used in tho Cl:::,.put.1tion
of the ar.:ount of aduitioll~l rent plly.\~le under this Article,
Which 8r.10llnt Inu::t be ~ulJstantiated by all of L"~sor' ~ tax
J'nr.oipts tObAther with all C'/idencos of p3Y::1ant, In no event
chu11 Lesuee at any tima durilll; thi:. leoso t~rm or e.n~'
I'one\olala or extensions thoroof be rOMpon~ible for additional
ront under this Laase orisin; out of interest or late charRed
duo to Les30r'c f311uro to make prompt plly::Jent of rial estate
tnxt!" and in thosl! in!:tortces IIhere a dl~co\Jnt i8 available to
tho Losnor tho discounteJ tot.~l ~lIall ~a used as t:loJ actual
tax due anu the Lossee I s uhare calculat01 thoreert, tlotwithftt3lldint;
the fareeeine. should &uch lncrensps in taxtls be due to mod~rni:RtiCln,
lmpl'ovtll"~nt,s or add1tionn \/lIich ill Lossea' 8 opinion in no \lay benefit
LU:J8CO I LI'DSO>:' 011:111 nut be ulJliCatod f(Il' tho aforomentioned increacoo,
Insert as new paragraphs in subarticle (b) I
Wnere any expense over and above nor~al operating expenses
is incurred or paid by Lessor specifically for the benefit
of and at the request of a particular Lessee such e~~ense
will be charged directly to said Lessee and will not be
included in operating expenses for purposes of this
Article 4.
For purposes of this Article 4, Lessee's proportionate
share is expressly understood to be .7009.
5. Possession
Add to this Article 51
Lessee shall have the right to terminate this Lease, with
no further obligation on either Lessee or Lessor, if
possession is not given within thirty (30) days of the
Commencement Date of this Lease.
6. Utilities and Janitor
Notwithstanding any other provisions to the contrary contained
in this Lease, Lessor agrees at its sole cost and expense to:
(a) Operate the heating and cooling equipment in the
Building and the Demised Premises to maintain the
Demised Premises at a reasonably comfortable
temperature. Should the temperatyre not be so
maintained and the Demised Premises be rendered
unsuitable for Lessee's use thereby for a period of
more than five (5) business days, Lessee may oeduct
from rental payments a sum not to exceed twenty (20\1
percent of the rental payment; for any period during which
premises are unsuitable,
(b) Provide janitorial service in accordance with such
Schedule A, attached hereto as Exhioit E. In the
lvent Lessor fails to comply with said standards,
unless such f3ilure be for reasons or ~auses oeyond
its control, Lessee may, after the expiration of
thirty (30) days written notice, express ltS in.ention
to provide its own cleaning of its Premises, and
Lessee shall be permitted to reouce, for the period it
ao does, its rental by a sum equal to the amount
theretofore paid by Lessor for the same services to
the Premises/
(c) Keep and maintain the Premises, common facilities,
common areas, parking area, sidewalks and
appurtenances free from obstructions, including,
without limitation, the removal of snow from the areas
and parking lots surrounding the Premises.
2
Cd) Provide 92 parking spaces for the use of employees,
visitors, and licensees of Lessee;
(e) Adequately light the Demised Premises and replace
lamps and related equipment when necessary;
(fl Provide water and sanitary and toilet facilities and
supplies for use by Lessee, its employees, customers,
end invitees in common with other tenants and their
respective emp~oyees, guests, customers, and invitees;
(9) Supply electric current or other appropriate and
compatible power or energy source for lighting and
normal office use; and heating and air conditioning.
(hI Provide passenger elevator service daily from 7:00 AM
to 6:00 PM. Operatorless auto~atic elevator service
shall be deemed "elevator service" within the meaning
of this paragraph.
7. Maintenance and Repairs
Delete the phrase "including the sidewalks. ..demised premises"
from lines 4-5 of subarticle 7(c).
10. Alterations - Liens
Delete the last two sentences of the first. paragraph of this
Article ~O, beginning "Should Lessor notify Lessee..... from
this Article 10.
Insert before the last sentence of the second paragraph of this
Article 10, beginning "If any such liens shall attach..... :
Where necessary, in the reasonable business Judgement of
Lessor,
11. SUbletting
Add at the end of this Article 11:
Notwithstanding any provisions of this Lease to the
contrary,
I
(a) The merger or consolidation of Lessee with or into, or
the sale by Lessee of sUbstantially all of its assets
to, any other entity that expressly assumes all o~
Lessee's obligations hereunder shall not be deemed an
assignment of this Lease; and
(bl Lessee may, without the consent of Lessor assiyn this
Lease to, or permit the sUbletting of all or any part
3
20. Condemnation
Add to the first paragraph of this Article 20
Where such taking, in Lessee's judgement, shall materially
impair the demised premises Lessee may terminate this ~ease
by notice to Lessor within ninety (90) days of the filing
for such taking.
21. Notice
Add to this Article 21:
Lessor shall send a copy of all notices to Lessee to:
INA
1600 Arch Street
Philadelphia, PA 19101
Attention: Real Estate Manager
25. Waiver of Demand and Defaults
Add toSubarticle 25(a) I subject to 25(d) hereof.
Add as Subarticle 25(d)1
Any failure to perform any duty or obligation (except for
the payment of rent) under this Lease shall not be treated
as a breach hereof nor shall any action oe taken thereon
unless a good faith effort to perform sald duty or
obligation is not commenced within a perlod of thirty (30)
days after receipt of written notice setting forth said
alleged. failure.
1
28. Ho1dinq Over As Renewal
Delete this Article 28 in its entirety and substitute:
Should the Lessee continue to occupy the Premises after the
expiration of the term of this Lease, then unless otherwise
agreed in writing any holding over lacquiescedlto by Lessor
shall const1tute a tenancy merely tFom month to month'at'a
monthly rental payable in advance, equivalent to the last
month's installment of rent and the pro rata of any
escalation or other additional rent last imposed hereunder'r
and shall otherwise be under the terms, covenants a~na
conditions of this Lease. wX
Iy rl1 q "i. '1
~ \J \, ~~\t(~
:i: W' rJoo. 4.:, , <J.-.......r . t.10~tX. /9f)
r:)..;'; .;... r.~c.~C \ tJ ~, ,P~'
'. ~ . ,\~\I o.~,\)o'
I 5 ~') '\j....D lV'
A:.c QfJ'''
V'
Exhibit "C"
Carpet Replacement
Insert "and patch unused telephone and electric outlets in"
between the words "to r~carpet" and "the following areas" in
line 1 of this Exhibit "C",
Add to this Exhibit "c"
In addition, Lessor shall order and retain suffient
additional matching carpe~ to recarpet Lessee's open shelf
filing area, which area is excluded trom the time limits ot
Article 29 at this Lease. Should Lessee relocate its open
shelf filing, Lessee shal bear the cost of relocation and
Lessor shall bear the cost of carpet installation,
Add as Additional Articles
RENEWAL OPTION
Provided there exists no default in any of the terms, covenants
and conditions of the Lease for which Lessor has given Lessee
notice, Lessee may renew the term of this Lease for an
additional period of 5 years from the date of the expiration,
extension privileges to be subject to the following conditionsl
(a) Bas.. rEl.n.t.a.l..for the extended term shall be at the bue
rate fOr the Demised Premises, ~lus such escalations as may
have been added pursuant to ArtICTe4:-- - _.__ ......,
- -- . . .. .-.....
(b) Written notice of Lessee's intention to exercise
options to extend shall be given Lessor at least six (6)
months prior to the expiration of the original term or
extension hereof.
OPTION FOR ADDITIONAL SPACE
Lessor hereby grants to Lessee the right of firSt refusal,
while the Lease is in force, to rent from Lessor all the space
in the building which shall become available, at rates and
terms to be negotiated by the parties. This right may be
exercised by Lesaee by giving the Lessor written notice of his
exercise of such option within ninety (90) days of Lessee's
receipt of notice to Lessee of the availability of said space.
I
COVENANT OF QUIET ENJOYMENT
Lessor warrants that it is seized of good and sufficient title
to the Demised Premises and further warrants that if Lessee
shall promptly pay and discharge all covenants herein contained
6
,J
,
/
,
/
',..../
of rent and otherwise, it shall have quiet and paaceful
enjoyment and possession of the Demised Premises during the
term hereof or any renewal, without let or hindrance from
~essor or any other person lawfully claiming by, through or
under Lessor.
WAIVER OF SUBROGATION
The parties shall attempt ~o obtain, and if obtained to
maintain so long as maintainable, provisions in their
respective fire insurance policies to the effect that any such
policy shall not be invalidated should the insured waive in
writing, prior to a loss, any or all right of recovery against
any party for loss occurring to the insured property. So long
as such provisions are in their respective fire insurance
policies, each party waives, to the extent of the proceeds
received under such policy, any right or re~overy against the
other party for any loss covered by the fire insurance policy
containing said provision. In the event that at any time a
fire insurance carrier shall not include such provisions in a
policy then the party holding the policy shall have the other
party named in said policy as one of the insureds. Should any
additional premium be imposed for the inclusion of any such
provision or for naming the other party shall pay such
additional premium upon demand. In the event either party
shall be named as one of the insureds in accordance with the
foregoing, said party agrees to endorse promptly, without
recourse, any check, draft or order for the payment of money
representin9 the proceeds of any such policies or representing
any other payment growing out of or in connection with any such
policy, and does hereby irrevocably waive any and all rights in
and to such proceeds and payments.
HI3URANCE
Lessor shall maintain a policy of general liability insurance,
insuring Lessor for injury to persons and property occurring on
the common areas within and surrounding the Building with
policy limits of at least $2,000,000.00. ~essor's policies
snal1 name Lessee, Lessee's agents, servants and employees as
additional insureds. Upon written request, Lessor shall
provide Lessee with the policy, a copy thereof, or a
certificate as evidence of such insurance coverage, whichever
is requested by Lessee. ~ach policy of insurance shall contain
the following endorsement: "It is understood and agreed that
the insurance company shall notify Insurance Company ot North
America in writing thirty (30) days in advance of the effective
date of any reduction in or termination or cancellation of this
policy."
7
Exhibit E
JANITORIAL SCHEDULE A
Daily
1. All desks and other furniture will be dusted with specially
treated dust cloths.
2. All window sills, chair rails, baseboards, moldings,
partitions, and picture frames under six feet in height
will be hand dusted and wiped clean. .
3. All floors will be dust mopped with specially treated dust
mops.
4. All bright metal work will be maintained and kept in a
clean, polished condition.
5. All drinking fountains will be thoroughly cleaned and
sanitized.
6. All stairways will be swept with a chemically treated dust,
mop and wet mopped as needed.
7. Replacement of light bulbs as needed.
8. All elevators will be wet mopped, one coat of finish
applied to floor and machine buffed. .If floors are
carp~ted, carpet will be vacuumed nightly. Interior of
cabs will be wiped clean and all metal hardware polished.
9. Empty, clean and dust all wastepaper baskets, ash trays,
receptacles, etc.
10. Remove trash and wastepaper to designated areas.
11. Carpeting and rugs to be carpet swept nightly and vacuum
cleaned once a week.
12. All tile floors in all areas will maintain a satin finish.
Trafficked areas to receive regularly programmed floor
maintenance to insure luster and remove black marks and
scuffs.
Lavatories
13. Floors to be swept and washed, using antiseptic liquid
detergent.
14. Bowls, urinals and baains will be cleaned nightly. A safe
antiseptic and deodorant bowl cleaner will be used.
i
'I
r
i
15. All metal and mirrors will be cleaned and polished.
16. Fill and maintain mechanical operations of all tissue,
towel, soap and sanitary napkin dispensers. Materials to
be supplied from contractor's stock.
17. Remove wastepaper and refuse.
Weekly
1. Spot Clean all interior partition glass as required.
2. Remove fingerprints, smudges and scuff marks from all
vertical and horizontal surfaces (doors, walls, sills)
under six feet in height.
3. Wash and refinish resilient floors in public areas, strip,
wax and polish as needed.
MonthlY
1. Polish and buff (no wax) resilient floors in tenant, areas
as needed.
2. Dust all louvers, grills and other than flush light
fixt\lres.
QuarterlY
1. Oust clean all vertical surfaces I such as, walls,
partitions, doors, etc. not reached in nightly Cleaning.
2. Oust and wipe clean all venetian blinds.
Every Four Months
1. Wax and buff all resilient flooring in tenant areas, or as
needed. Floors shall be stripped, rewaxed and buffed when
required. Unusual traffic conditions will receive special
I attention.
2. Wash windows, inside and outside.
Every Six Months
Oust and damp wipe all ceiling vents.
AMENDMENT TO LEASE
Thll Alen~lent lada thll ~ day of AUlult, t914 by Ind
batween 1300 Ph.. Wut, a len.ral partnerlhlp, (hereinafter
referred to al "LOllar") and Inluranc. Company of North
A..rlce, e P.nnlylvanla corporation (h.relnaft.r r.f.rrld to al
"L.......),
H!!!,U.H.!!!
WHEREAS, L.III. hal Intered Into a certain Leale (the
"L...e") dated Decuber 10, 19S0 with Lellor for prelllel
located at 1100 Pla.a Welt, Le.oyne, Pennlylvanla and more
partlcuhrly described on Exhibit "A" attoched heroto,
'e~elnaft.r th. ("Deal led Pre.llel"); and
WHEREAS, Lellor and Lellle for mutual bUllnel1 realonl
dlllrl to reduce by 175 rentable Iquarl flet thl area contained
In the D,alled Pre.IIII,
NDW, THEREFORE, In conllderatlon of the rorlsolns prl.I...
and of the autual covenlntl contained herein and' Intendlns to
bl I.sally bound, the p.rtlel hlrato do herlby asree a. followl'
I. Lell.. .hall quit and lurrender up 175 rentabll Iquare
fe.t on the flrlt floor known a. Suite II a. Ihown on Elhlblt
"A" Iltlch.d h.roto, decreulns the totll rentable orea froa
10,111 to 20,513 rentabll .qu.re felt,
2. L.llor alr.el to accept .urr.nder of 175 rentabla
Iquare fe.t of the Demlled Pre.lle. and to relelle Lel.le of
any liability therefor or In re.pect ther.of al of Septeab.r
I, 1914,
3. Th. aonthly bale rent will be decrealed by Two Hundred
Slaty-Four Doller. ($264,00), am.ndlns thl total aonthly bal.
rent to Faurteen Thoullnd Four "undrl~ Porty-Four Dollar. and
Sllty-Thrl. Cent. ($14,444,61), Rlnt will bl reduced on
Septeaber I, 1914.
4. Th. p.rcentase of .pacI occupied by Lellee coaparad to
the totll .p.ce of Ihe bulldlnl I. .unded 10 reed ,ilJJ!l.
EXllrntT n
the parties hereto agree that Lessee shall have the right to rerrove
fran the premises demised by Lessor to Lessee under the Aqreement of
Lease to which this 1985 Amendment to Lease applies, and to terminate
without penalty its leasehold obligations to Lessor for the prl!llises
situate.at 1300 Market Street, Lemoyne, Pennsylvania.
9. Further Extension. Lessee shall have no right of
renewal or further e.,<tension of the lease term hereunder nor shall
Lessee have any right to "hold over" at the end of the term
hereinbefore set forth, without the specific written agreenent of
Lessor.
10. Options and Duties, Neither Lessor nor Lessee shall
acquire any options or duties other than those specifically herein set
forth and/or previously set forth in the lease arrangerrents between
Lessor and INA, nor shall either party have any duty to discharge any
obligation previously discharged by it.
11. Percentage Base. Ina5lllJch as Lessee has increased the
amount of space dl!lliaed to it in the premises situate at 1300 Market
Street, tsroyne, Pennsylvania, the percentage a'pplied in making
percentage or ratio cCJlTflUtation baaed upon the total available space
in the building shall be adjusted to reflect the space being dl!llised
to Lessee pursuant to this 1985 Amendment to Lease.
12. Entire Aqreerrent. This 1985 Amendimnt to Lease together
with Exhibit "A" attached hereto constitutes the entire agreement of
the parties with respect to the subject lMtter hereof. No alteration,
-4-
"
tiJre to time by various amendlrents and a Rider entered into between
LB..or and Lessee. The current contractual status of the relationship
between Lessor and Lessee is reflected in the documents marked Exhibit
"A" attached hereto and made a part hereof. Exhibit "A" oonsists,
inter alia, of a Lease, Rider to Lease and Amendment to Lease dated
August 31, 1984 and a 1985 Amendment to Lease dated November 27, 1985,
together with attachlN!nts to the foregoing.
4. Leased Premises. The premises leased to Lessee fran
IAlsior hereunder at 1300 Market Street, Lem::lyne, Pennsylvania, ahall
be amended by deleting the following areas fran the Aqreerrent of
Lease I
~ Square Feet Level
SUite 3 800 Lower
Suite 5 456 Lower
Suite 6 405 First
Suite 8-10 855 First
Suite 301 5,000 Third
Suite 302 1,250 Third
Total: Deleted Area.~:..1i;8; 766" I
f\lrther, parking spaces"aVailable to Lessee~lIhaU~be;(reducedl
1!=:O~sixty,:two (62). I
Except for the foregoing Suites and parking reduction, the
areas leased by Lessor to Lessee at the aforesaid premises shall
remain unchanged.
- 2 -
As a result of the foregoing, Lessee, upon e.'Cecution of this
1987 Amendment to Lease, will be leasing an aggregate O~jYl!~~!~~~'~l
feet from Lessor at the aforesaid premises.
5. Lease Term. The current ter.n of the lease between
Lessor and Lessee (herein called "Lease") which, but for this 1987
Amendment to Lease looOuld e.'Cpire March 14, 1988, hereby iif:'exteridi!d~liiid
'shall expire March 31, 1989.
-
6. Base Rent. Comrencing March 14, 1988, Lessee shall pay
Lessor as base rent for the use of said premises the sum of One
Hundred Eighty-one Thousand, Four Hurdred, Thirt'l-eight ($181,438.00)
Dollars, payable in monthly installJrents of Fourteen Thousand, Four
Hundred Forty-seven Collars ($14,447) (that l:eing Fourteen Collars
.
($14.00) per square foot), with the l1'Onthly arrounts payable as
follows I
I
a. 'I11e first l1'Onth' s rent shall be paid by
Lessee to Lessor on or before March 1, 1988, being
a pro rata payment for the lIm::llU1t of Eight
Thousand Seventy-four Dollars ($8,074) for the
period of March 15, 1988 through March 31, 1988.
b. Rent subsequent to the first payment
shall be paid in the aforesaid monthly
insta1lJrents, in advance, on or before the first
(1st) day of each calendar l1'Onth during the term.
- 3 -
"
7. Rent Increases. Rents shall be incroased as provided in
the provisions set forth in Exhibit "A" attached hereto, with the
exception, however, that for purposes of canputing said rent
increases, !the base year' shall ,be 1985: rather than 1980 as previously
-'
contellillated.
8. Options and D.lties, Neither Lessor nor Ulssee shall
acquire any options or duties other than those specifically herein set //
forth and/or previously set forth in the lease arrangsnents between
Ulssor and mA, nor shall either party have any duty to discharge any
obligation previously discharged by it.
9. Percentage Base. Inasmuch as Les.see has decreased the
em::unt of space demised to it in the premises situate at 1300 Market
Street, Lem:lyne, Pennsylvania, the percentage applied in making
percentage or ratio ccllt:utation based upon the total available space
in the building shall be adjusted to reflect the space being demised
to Lessee pursuant to this 1987 J\rrendment to Lease.
I
10. Entire Agreenent. This 1987 l\mendlmnt to Ulase together
with Exhibit "A" attached hereto constitutes the entire aqreerrent of
the parties with respect to the subject matter hereof. No alteration,
amendlmnt or future understanding concerning the relationship between
the parties shall be binding unless reduced to writing and executed by
the parties hereto.
- 4 -
.
,
All other terms, covenants and conditions of the leasehold
relationship between the parties, e.'Ccept as llDdified herein, shall
remain in full force and effect.
:
11. Successors. This 1987 J\mencltrent to Lease shall inure to
the benefit of and be binding upon the parties hereto, their
respective legal representatives, beneficiaries, heirs, successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
1987 Amendment to Lease as of the day first above written.
wrrnESS I
1300 P~A WEST
1iJ~;/ 6UJhd.f
(/
,/~
BYI. "
Genera Pa
Nl'rEST1
INSURANCE CCMPANY OF NORl'H AMERICA
Byl~~~' A;.
--- .1"-._
D lA.&4:f't 110 _II- ~~ --,~
~,"
(SFJILI
I
- 5 -
.
,0.
!
establ'shad by a dated December 30, 19BO, and which was amended
from time to time by various amendments and a Rider entered Into
between Lessor and Lessee.
4. LEASE CHMIGE5. The leasehold rel"tionshlp, as It exiots
between Lessee and Lessor on the date of this Instrument, sholl I
continue except as hereinafter modified:
(a) Dase Rent for the use of the premises Sholl I
reAla I n at Foudeen .t1'o:,.f.ii.s"o.(U4.00). p'il'l,o:-.ifuare:.'f,o'o.t)'
(b) The term of the Lease between Lessor and Lessee
shall 'expire Ma,och .3.1.....1.992) :and
(c) The premises which are subject to this Lease
contain a three-sto,oy stall.way located at the "rea,o"
0'. "no,othern po,"tlon" of the PI.eml.ses and Lessor,
'as a condition of the Lease, shall, for that
three-story stairway, provide stairway enclosures
with a minimum of one (1) hour fire resistance
,oatlnll, shall see thdt all floor openlnlls are
protected and approved with Class three-quarter
(3/4) fire doorEl and shall provllle said fire
doors with a substantial self-closlnll device so
that said doors can be kept closell at all tlmn.
Work Is to be completed by April 28, 1989.
-2-
. ~ ,
,~,
'..
,-.
IN WITNESS WHEREOF, the parties hereto h~ve executed this
Amendment to Lease as of the day and year first above written.
LEssori
.
WITNESSI .
__iJl~_1 --(}i!!1d!___
,"eta,"y
CO'"P. Sea I )
HILLER~H LER INC.
I, ~ /
By 1___ ~e:.~7_L.2f(.Ji:._______
VI~ PI"esident
Not as Principal but as Agent
ForI Earl L. Hi I ler
--------------------------
Kermit D. Hi I ler
--------------------------
Joel T. Hiller
--------------------------
Edward R. Norford
--------------------------
LESSEE
WnaMlJ
UTn, '
-Q~l1L _____
Anlstant Irec 0
(COI"P. Sea I )
INSURANCE COMPANY OF
NORTH AHERICA
DYI_~~~~~______
Director o~al Estate
-3-
..
l_ /,'....' ;"{,... c:
1992 AMENDMENT TO lEASE
THIS 1992 AMENDMENT TO LEASE made this I~day of I?1P,j ,
1992 by and between ADG-1300 PLAZA WEST ASSOCIATES, successor'in
interest to 1300 Plaza West ("Lessor") and INSURANCE COMPANY OF
NORTH AMERICA, a Pennsylvania corporation ("Lessee").
WIT N E SSE T H:
WHEREAS, Lessor and Lessee did enter into a certain Lease
dated December 30, 1980, 'as amended from time to time by various
amendments and a Rider, for premises located at 1300 Plaza West,
1300 Market street, Lemoyne, Pennsylvania, all as more
particularly described in said Lease; and
WHEREAS, Lessee wishes to reduce the premises and extend the
term, and Lessor is amenable to the same;
NOW THEREFORE, Lessor and Lessee covenant and agree as
follows:
1. Demised premises. Effective April 1, 1992, the
premises shall be reduced to 8,935 rentable square feet located
on the se~ond level as shown outlined in red on Exhibit A
attRc~ed hereto. Effective the same date, Lessee's designated
parking spaces, as assigned to Lessee by Lessor, shall be reduced
to forty (40).
2. ~. The ending date of March 31, 1992 is hereby
extended thirty-six (36) months to March 31, 1995.
3. Base Rent. The base rent for the use of the
premises from April 1, 1992 through the ending date of March 31,
1995 shall be Two Hundred Ninety-Two Thousand One Hundred
seventy-Four and 56/100 Dollars ($292,174.56) payable in monthly
installments of Eight Thousand One Hundred Fifteen and 96/100
Dollars ($8,115.96) commencing April 1, 1992.
4. Renewal oDtions. Lessee shall have the right and
option of renewing this Lease at the base rent of $11.50 per
rentable square foot per annum upon the same terms and conditions
as herein contained for one (1) additional two (2) year period,
provided that:
a. At the time of exercise, Lessee is not in
default hereunder beyond any applicable grace
period.
.
b. Lessee gives notice of its exercise of this
option on or before January 1, 1995.
.-
c.
Exercise of the option shall not act as a
renewal also of this option.
5. Lessee Imcrovements. Lessor, at its expense,
shall caUse to be completed the improvements, as enumerated on
Exhibit A attached hereto.
6. Additional Rent Lessee shall pay, as additional
rent ("Additional Rent"), its Proportionate Share, as specified
on the Fact Sheet identified as Exhibit "B" attached hereto and
made part hereof, of any ,increase in the real estate taxes paid
by Lessor for the Building over the amount reflected in the
Expense stop. Any sums due hereunder shall be payable on the
second rent due date following Lessee's receipt and approval of a
statement providing full detail of all sums due.
In the event real estate taxes are decreased or abated,
the same formula used to pass on increases shall be applicable
for a reduction of the stipulated rent, and Lessee's rent
(Additional Rent and, if applicable, Base Rent) shall be reduced
accordingly. Any sums paid by Lessee in anticipation of constant
or increased real estate taxes shall be immediately refunded by
Lessor to Lessee to the ~xtent such sums constitute an
overpayment of Add~tional Rent by virtue of a real estate tax
decrease or abatement, or otherwise.
Any and all amountb payable by Lessee on account of
incrsases in real estate taxes must be substantiated by all of
Le.sor's tax receipts, together with sufficient evidence of
payment. In no event shall Lessee be responsible for Additional
Rent arising out of interest or late charges due to Lessor's
failure to make prompt payment of real estate taxes. In tho.e
instances where Lessor takes advantage of a discount for early
payment, the discounted total shall be used as the actual tax
due, and Lessee's share of increases, if any, calculated thereon.
Should any increase in taxes be due to modernization,
impro~ements or additions which do not directly benefit Lessee,
Lessee shall not be obligated to pay all or any part thereof.
Should any increase in taxes be due to a sale of the Building,
with consequent reassessment resulting in an increased tax
liability in excess of 10' or more over the prior year's taxe.,
Lessee shall not be obligated to pay all or any part thereof.
Real estate taxes shall include only the current annus1
installment which is or would have been due as a result of Le..or
having elected to pay such taxes over the longest permissible
period of time. Although Lessor may elect to prepay or defer
payment of real estate taxes, Lesseels obligation for increa.es
in real estate taxes shall be strictly limited so that Lessee
shall not be required to pay on account of any such grepayment or
deferred payment an amount in excess of the increase attributable
to the current calendar year.
2
Lessee shall also pay, as Additional Rent, its Proportionate
Share of increases in expenses necessary and directly related to
the operation and maintenance of the Building and grounds
("operating costs") over the amount reflected in the Expense
stop. Lessor shall operate the Building efficientlY and
economically at all times so as to give Lessee all the services
required for tenants of first class office buildings and at the
same time keep operating Costs at a reasonable minimum.
operating Costs shall be determined in accordance with generally
accepted principles of sound management and accounting practices
for first-class office b~ildings, consistently applied, and shall
exclude therefrom the items listed in Exhibit C which is attached
hereto. To the extent that certain line items do not appear as
part of the Expense stop and then are included in operating Costs
for subsequent year(s), then the Expense stop will be adjusted
upward equitably, as if such line item(s) had been included in
the Expense stop. For example, in a new building, Lessor may
have warranty protection; thus, maintenance contracts would be
redundant. When the costs of maintenance contracts are added to
operating Costs for subsequent years, the costs of the first full
year's maintenance contracts shall be added to the Expense stop.
In the event operating Costs dec~ease, the same formula
used to pass on increases shall be applicable for a reduction of
the stipulated rent, and Lessee's rent (Additional Rent and, if
applicable, Base Rent) shall be reduced ac:or~ingly. Any sum.
paid by Lessee in anticipation of constant o~ increased operating
Costs shall be immediately refunded by Lessor to Lessee to the
extent such sums constitute an overpayment of Additional Rent by
virtue of a reduction in operating costs, Or otherwise.
-Lessor agrees to keep detailed books and records
accurately documenting operating Costs. After the end of each
accounting period, Lessor shall deliver to Lessee a certified
statement of the operating costs, prepared by an independent
certified public accountant, which shall include a computation of
the A~ditional Rent. Lessee, or its authorized agent, shall have
the right to inspect and copy the books and records of Lessor for
the purpose of verifying information in such statement. Any sums
due hereunder shall be payable on the second rent due date
following Lessee's receipt and approval of said statement.
---".i~r-l
~nd accurat:g;~~,~~~i~~l;f t~::; ~~:t;':::::i:~:~ ~ith ;;;:~:~~7
a/lU ui'.u.aLion of! ~he f!ttlly ass-saed anli 96\ IlCc:\lpillQ iJ't4]nlng.
All Base Rent and Additional Rent shall be equitablY
prorated on a per diem basis to the respective dates on which
Lessee's obligation to pay such rent begins and ends~
3
7. Common Areas Lessee, its invitees and employees
shall have the right, in common with other tenants of the
Building, and their invitees and employees, to use all stairways,
elevators, halls, toilets and sanitary facilities, and all other
general common facilities contained in the Building, and all
sidewalks, delivery areas, parking facilities and other
appurtenances to the Building.
8. Access At no additional cost or expense to
Lessee, Lessee shall have access to the premises three hundred
sixty-five (J65) days a year, on a twenty-four (24) hour a day
basis.
9. ouiet Eniovment Lessor represents and warrants
that it is seized of good and sufficient title to the Premises,
the Building and the land on which it stands (the "Land"), and
further warrants that if Lessee shall promptly pay and discharge
all covenants herein contained of rent and otherwise, it shall
have quiet and peaceful enjoyment and possession of the premise.
during the original term and any renewal or extension thereof.
Lessor will provide Lessee with certificates, in
=ecordab1e form, from any and all mortgagees, land lessors and
othar parties that now or hereafter may have priority to this
Leare, confirming that, so long as Lessee shall not be in default
/it~ respect to its obligations under this Lease, beyond any
applicable grace period the mortgagees, land lessors and other
parties will recognize the rights of Lessee and agree not to
Jisturb Lesaee's occupancy of the Premisea. Lessor covenant.
that as of the date hereof it is not in default under the te~~.
of any mortgage, deed of trust, or ground and/or building lea.e
constituting a lien against the Land and/or the Building.
10. utilities and Services Lessor agrees, at its sole
cost and expense, tal
a) operate the heating and cooling equipment in
the Building and the Premises bO maintain the
Premises between 65 F. and 70 F. from 0
ocbober 1st to April 30th and between 74 F. and
78 F. between Hay 1st and September 30th, between
the hours of 7 a.m. and 9 p.m. (Saturdays to
1 p.m.), sundays and holidays excepted. Should
the aforementioned air conditioning or heating not
operate as specified above for a period of more
than five (5) consecutive days for any reason
whatsoever, Lessee may deduct from rental payments
a sum not to exceed twenty percent (20') of the
monthly rental payment(s). Should the premiaea be
rendered unfit for Lessee's use and occupancy by
virtue of an extended period of significantly
reduced air conditioning or heating, or a period
4
of more than five (5) consecutive days during
which no air conditioning or heating is provided
to the premises, then irrespective of the cause
thereof, Lessee shall be relieved from any and all
obligations to pay Base Rent and Additional Rent
for any such period.
b) provide janitorial service in accordance with
the Lessee's specifications, a copy of which is
attached hereto as Exhibit "0". In the event
Lessor fails to complY with said specifications,
Lessee may, after the expiration of thirty (30)
days written notice, provide its own cleaning of
its premises, and Lessee shall be permitted to
reduce its rental by the cost thereof. Lessee
shall submit said specifications to no less than
three (3) reputable local cleaning services and
shall accept the lowest responsive bid.
c) keep and maintain the premises, common
facilities, common areas, parking area, sidewalks
and appurtenances in a first class condition.
d) CJmmence removal of snow and ice within
two (2) hours after snowfall or ice accumulation
if during business hours, and within a reasonable
time if during non-busin.ss hours. This shall
include, without limitation, the salting of walk.
and parking areas(s) and any other prudent aaf.ty
measures for the protection of Lessee's employ...
and invitees.
e) adequatelY light the premises and provide and
replace lamps and related equipment when
necessary.
\'
\
;
"
L
I
1
I
I
~
j
I
\
f) provide hot and cold water and sanitary and
toilet facilities and supplies for use by L.....'
its employees and invitees in common with other
tenants and their respective employees and
invitees.
g) furnish and provide the premises with
electric current for lighting, normal office u..,
heating, air conditioning and office machines,
such as duplicating and word processing equipment
and computer terminals.
h) provide sufficient elevator service for
access to the premises. (At least one (1)
elevator shall operate during non-business hour.,
affording access to the premises.)
5
i) provide adequate security services for the
Premises and the Building, including fire and
burglar alarm devices and guard protection.
11. Repairs and Maintenance Lessor agrees, at its
sole cost and expense, to keep in good order and condition and
repair and/or replace the structural portions of the Building,
the roof and roof membrane, foundations, appurtenances, heating,
ventilating and air conditioning equipment, electrical systems,
plumbing systems, lighting, elevator, storm drainage and other
mechanical systems serving the Building and the premises, parking
area and exterior walls and windows of the Building and
underground utility and sewer pipes outside of the exterior walls
of the Building. Lessor shall be responsible for repairing any
damage to the Premises caused by leaks in the roof, bursting
pipes (by freezing or otherwise) or from any vices or defects of
the premises or the consequence thereof.
All work performed by Lessor shall provide for
containment of any toxic materials which may be encountered and
shall be in strict conformance with OSHh and EPA standards and
local building codes and regulations. Lessor shall not use toxic
paint or other materials which may ecit fumes or odors harmful to
Lessee's employees.
Lessor or its agents and e',lp1~yees shall have the right
to enter the premises at any reasonable time, upon reasonable
notice to Lessee (except for emergencies), for the purpose of
making repairs necessary for the pre~ervation of the premise. or
Lessee's property maintained therein. Lessor shall make a
reasonable effort to effect such repairs with a minimum of
interference to the Premises and the business conducted therein,
and, when practicable, ~ll work shall be done after Lessee's
business hours.
12. Lessee's Remedies Upon Failure of services If
Lessor fails to deliver any service as required in this Lease for
any period exceeding ten (10) days, Lessee shall have the right,
upon written notice to Lessor, to expend any reasonable sums in
the correction or curing of Lessor's failure to perform, and to
deduct such sums from the rent due for the month next following
the month in which the sums were paid. This remedy shall be in
addition to any other remedies available to Lessee pursuant to
this Lease, at law or in equity.
13. Additions and Improvements bv Lessee Lessee may
make alterations, additions and improvements upon the premisea as
desired, with the right to remove the same upon termination of
this Lease, or any renewal or extension thereof I provided,
however, that the Premises are left in as good a state as when
received, reasonable wear and tear and damage by fire or other
casualty excepted. Failure to remove such improvements,
6
additions and alterations shall not be deemed a holding over
under the terms of this Lease, but shall be deemed an abandonment
of the improvements, additions and alterations, and Lessee shall
incur no costs for the removal thereof. Any installation of
special equipment requiring exceptional electric service or
exceeding the live load rating shall be subject to Lessor's
approval.
Lessee may install vending machines in the Premises for
use by its employees, provided that such machines shall be
removed upon termination. of this Lease, or any renewal or
extension thereof, and any damage to the Premises repaired at
Lessee's cost. All vending machines shall be maintained in a
neat and orderly fashion.
14. Buildina caoacitv Lessor represents and warrants
that it has been apprised of Lessee's requirements, and that the
Building floor load capacity, electrical current capacity, and
HVAC system are, and shall continue to be, sufficient to meet
Lessee's requirements for its anticipated use of the Premises for
general office purposes. Lessee shall have the absolute right
(without being required to seek Lessor's prior written consent)
to connect ordinary office equipment, including copyinq and data
processing machines, to the Building electrical sfstem. T.essor
shall not assess any additional costs against Lessee for using
such ordinary business equipment and machines.
Lessee shall have the right to install and maintain an
emergency electrical generator and power lines to the )lremises,
at its option at a location on or about the.Land or Bci1ding in
order to provide emergency electrical service to the Premises in
the even~'of a power failure. The location of Lessee's emergency
electrical generator shall be as mutually agreed upon by the
Parties hereto and identified on a plot plan which each of the
parties hereto shall initial upon the execution of the Lease. In
the event the parties fail to designate a location for Lessee's
emergency electrical generator at the time of the execution of
the Lease, Lessee may install its emergency electrical generator
anywhere on or about the Land and Building so long as the
installation and use thereof does not violate any federal, state,
county or local law, rule or regulation. Lessee may, upon the
expiration or earlier termination of the Lease, remove its
emergency electrical generator and power lines and shall repair
any damage caused as a result of such removal.
Lessee may, if it deems advisable for the proper
maintenance of its equipment to be housed within the premises,
install supplementary heating, ventilating and/or air
conditioning equipment which shall remain Lessee's S9le property
at a location to be mutually agreed upon within thirty (30) days
from the date upon which Lessee shall serve Lessor with a written
notice of Lessee's intent to install such equipment. Lessor
7
agrees that any such equipment that Lessee may install shall
remain Lessee's personal property, regardless of the manner by
which the same has been installed. At the expiration or sooner
termination of this Lease, Lessee, at its option, shall be
entitled to remove said heating, ventilating and/or air
conditioning equipment and Lessee shall repair all damage done to
the Premises resulting from such removal. Lessee shall also be
entitled to install additional electrical feeders and risers from
the source of electrical power for the Building to the Premises
which shall upon installation become Lessor's property.
15. casualtv Loss or Condemnation If the Premises
and/or Building are damaged by fire or other =asualty, or if any
portion thereof is taken under the power of eminent domain (or
sold under the threat of the exercise of such power), and such
casualty or taking or sale materially impairs Lessee's business
operations or use of the Premises, Lessee may terminate this
Lease upon ten (10) days written notice to Lessor.
Irrespective of whether or not Lessee elects to so
terminate the L~ase, Lessee's liability to pay Rent and
Additional Rent (if any) shall cease as of the date of such
damage or taking, and shall not commence to accrue again until
the Building ard the premises have been restored to a tenantable
condition by Lessor at Lessor's sole cost and expense and all
building sek.vi~es are restored. Lessor shall promptly refund to
Lessee all items of Rent and Additional Rent (if any) received in
advance of it having been earned prorated to the day upon which
the damage r.r taking occurred and the security deposit and any
interest ear.ned thereon (if any).
. 16. Liabilitv Insurance Lessor shall maintain general
liability insurance, insuring Lessor for injury to persons an~
property occurring on the common areas within and surrounding the
Building, with policy limits of at least $1,000,000.00, combined
single limits and annual aggregate. Any insurance carried by
Lesse~ shall be excess of, and will not contribute with the
insurance carried by Lessor for injuries arising out of the
common areas within and surrounding the Building. Upon written
request, Lessor shall provide Lessee with appropriate evidence of
such insurance coverage. Each policy of insurance shall contain
the Liability Insurance Endorsement specified in the Fact Sheet.
17. Workers' comoensation Lessor shall carry
appropriate workers' compensation and employers' liability
insurance on those of its employees who may at any time enter the
Premises and agrees to indemnify and hold harmless Lessee from
and against any and all expenses connected with claims made by
Lessor's employees for injuries incurred at the prem}ses. Lessor
shall indemnify and hold Lessee harmless from and against claims
resulting from injuries incurred by employees of contractor(s)
hired by Lessor, unless such injuries arise solely from Lessee's
8
neg ligence.
lB. Waiver of Subroaation Lessor shall obtain
insurance for the Building of which the Premises are a part, and
Lessee shall insure or self-insure the contents and fixtures in
the premises, against fire and other casualties customarily
insurable. Lessor and Lessee, for themselves and their
respective insurers, agree to and do hereby release each other of
and from any and all claims, demands, actions and causes of
action that each may have or claim to have against the other for
loss or damage to proper~y, both real and personal, caused by or
resulting from casualties customarily insurable, notwithstanding
that any such loss or damage may be due to or result from the
negligence of either of the parties hereto or their respective
employees or agents.
19. Self Insurance
self-insure and/or insure with
the liabilities and casualties
Lessee reserves the right to
a "blanket" policy of insurance
specified in this Lease.
20. Indemnification Ex=ept as provided in the
preceding sections entitled "Workers' compensation" and "Waiver
of Subrogation," each party agr~es to exonerate, hold harmless,
protect and indemnify the other party from and against any and
all losses, damages, claims, suits or actions, judgments and
costs (including reasonable attorreys' fees), which may arise or
grow out of injury or death of persons or damage to property,
arising out of and attributable to the negligence or willful acts
or omissions of the indemnifyir.g party, its employees or agent..
21. Assianment and Sublettinq Lessor will not
unreasonably withhold or delay its consent to the assignment of
this Lease to one or more assignees, or the subletting of all or
part of the Premises to one or more subtenants, provided that:
a) Lessee delivers to Lessor an assumption of
this Lease, duly executed by the assignee or
subtenant, or a copy of the assignment or sublease
agreement in which such aesumption is set forthl
and
b) Lessee shall remain liable under this Lease
despite such assignment or sublease.
Lessor will not unreasonably withhold its consent to a
change of the uss of the premises by the assignee or subtenant,
provided such use shall be for a lawful purpose consistent with
the character of the Building.
.
If Lessor's consent to any proposed assignment or
subletting is not r.eceived by Lessee within ten (10) business
days following Lesseels written request therefor, Lessor's
9
consent shall be deemed to have been given and Lessee will be
free to assign or sublet in accordance with Lessee's written
request.
Lessee may without Lessor approval assign its interest
under this Lease to permit the use of the Premises by, or sublet
all or any part of the Premises to any subsidiary, affiliate,
parent or successor of Lessee, or any person, firm, corporation
or other entity which acquires all or substantially all of
Lessee's assets, whether by way of merger, sale of assets,
corporate reorganization; etc.
An "affiliate" shall mean any corporation which,
directly or indirectly, controls or is controlled by or is under
common control with Lessee. For this purpose, "control" shall
mean the possession, directly or indirectly, of the power to
direct or cause the direction of the management and policies of
such corporation, whether through the ownership of voting
securities or by contract or otherwise.
A "subsidiary" shall mean any corporation not less than
fifty percent (50\) of whose outstanding stock shall, at the
time, be owned directly or indirectly by Lessee cr Lessee's
parent corporation.
Lessor will cooperate with Lessee to a~sirt in securing
a new tenant should Lessee's circumstances so chan~e ~hat Le....
decides it no longer requires the use of the Premises or any part
thereof.
22. Estoccel certificates At no cost or expense to
Lessee, and from time to time, Lessor agrees that within thirty
(30) days after receipt of a written request therefor and upon
such form as Lessee provides (hereinafter referred to as
"Lessor's Estoppel certificate"), Lessor will certify to Less..
or any person designated by Lessee ("Lessee's Designee") that:
a) this Lease is in full force and effect;
b) there are no existing uncured defaults
hereunder;
c) this Lease is unmodified;
d) the date to which rent and additional rent
(if any) have been paid;
e) the amount held by Lessor as a security
deposit (if any); and .
f) any deviations from any of the preceding
declarations.
10
Lessee and Lessee's Designee shall be absolutely
entitled to rely upon the declarations contained in Lessor's
Estoppel Certificate.
23. Holdover should Lessee continue to occupy the
Premises after the expiration of the original term or any renewal
or extension thereof, any holding over shall constitute a tenancy
from month to month at a monthly rental equivalent to the last
month's installment of Base Rent. Lessee shall also pay its
proportionate Share of real estate tax and operating Cost
increases, prorated on a:per diem basis for the holdover period.
All other terms, covenants and conditions of this Lease shall
remain in full force and effect during the holdover period.
24. Lessor's Consent Wherever in this Lease it is
provided that LeSRee must secure Lessor's consent prior to
performing any act, Lessor agrees not to unreasonably withhold or
delay its consent, and any consent shall be deemed to have be.n
automatically granted thirty (30) days following Lessee's request
therefor unless Lessor denies Lessee's request in writing, which
denial shall specifically set forth Lessor's objections relating
to the act for which Lessee has sought Lessor's consent. Any
disput~s regarding the question of whether or not LesRor's
objections to the act for which Lessee has sought Lessor's
consent are reasonable shall be settled by binding arbitration as
herein pr?vided.
25. ftQtection of Laws Notwithstanding anything
contai~ed in the main body of the Lease to the contrary, L.....
shall be afforded the full protection afforded a tenant und.r the
law governing the relationship between landlords and tenants in
the state'wherein the Premises are situated.
26. Non-Discrimination The provisions set forth in
U.S. Department of Labor Regulations dealing with:
a) equal employment opportunity obligationa at
Government contractors and subcontractors I
b) employment by Government contractors of
Vietnam-era and disabled veterans I and
c) employment of the physically handicapp.d by
Government contractors and subcontractors are
incorporated by reference herein and shall
constitute additional terms and conditions to
which Lessor agrees.
27. OSHA/Tiqht Bui1dinq Syndrome Lessor ~epresents
and warrants that the Premises and the Building comply with the
applicable safety and health standards in effect pursuant to the
Federal occupational Safety and Health Act, as amended,
11
Environmental protection Act (including U. s. Environmental
protection Agency--Official Pesticides and Toxic substances
Guidance for controlling Asbestos-containing Materials in
Buildings, EPA 560/5-85-024 (June, 1985), as revised from time to
time) and any applicable state or local safety and health laws.
Lessor covenants to maintain the premises and the Building in
such a manner as to assure continued compliance with such laws
and standards and agrees to promptly make such repairs or
renovations as may be necessary to meet any new or modified
requirement. Lessor agrees to pay, hold harmless, and indemnify
Lessee from and against Bny and all losses, damages, claims,
suits, actions, judgments, and costs (including reasonable
attorneys' fees) which may arise or grow out of injury or death
of persons or damage to property attributable to the presence in
the Building or Premises (or the land on which the Building is
situated) of any hazardous or toxic substance.
Lessor represents and warrants that the Premises and
the Building are serviced with sufficient air handling capacity
so as to provide adequate ventilation and fresh air to the
Building and to the Premises, the parties recognizing that
certain new Buildings are affected by "tight building syndrom."
where the air handling equipment does not provide sufficient
fresh air to the occupants, resulting in complaints of naus.a,
headache, eyestrain and other ailments. In the event that L.....
receives complaints of sllch ailments from its employees, and
documents these complaints as being related to the quality of air
supplied to the Premises, and Lessee notifies Lessor in writinq
of such complaints and L~ssor fails to correct the problem within
thirty (30) days after its receipt of such notice, then Le....
shall have the option to immediately terminate this Lease, and
the parties shall thereafter be relieved of all further liability
hereunder.
28. Access bv Individuals with Disabilities Lessor
represents and warrants that the Premises and the Building comply
with all applicable laws and regulations dealing with access by
individuals with disabilities, including Title III of the
Americans with Oisabilities Act, public Law 101-336 (July, 1990)
as revised from time to time. To the extent that the premises
are not fully accessible to any disabled employee or invitee of
Lessee, Lessor shall take all reasonable steps to modifY the
Building and/or the Premises so as to offer full accessibilit~.
If required modifications are in excess of standards imposed by
applicable law and regulations, and Lessor is thus unwilling to
proceed, then Lessee, at its sole expense, may make such
modifications to the Building and/or the premises ss it deems
necessary or desirable to permit access by any such employee or
invitee.
.
12
29. EnerOV In the event any gove~nmenta1 agency,
subdivision, entity or organization, whether national, state or
local, shall pass any statute, ordinance, rule, regulation,
resolution or recommendation for the conservation of energy or
energy sources that will in any way affect or curtail Lessor's
ability to perform any of its obligations under this Lease:
a) Lessor shall immediately notify Lessee
thereof;
b) Lesspr shall allocate to Lessee the maximum
amount of the affected or curtailed energy or
energy source permitted under the most permissive
interpretation of any applicable statute,
ordinance, rule, regulation or resolution, and
Lessor shall permit Lessee to supplement or
replace the affected or curtailed energy or energy
source; and,
c) Lessor shall not curtail the performance at
any of its obligations under thls Lease in
response to any non-mandatory statement or action
of any governmental agency, whether national,
state or local, withouc Lessee's written conaent
to such curtailment.
30. Notices In each instance where ~essor is required
to send notice to Lessee, an additional copy of such notice shall
also be sent, via certified mail, return rf.ceipt requested, to
CIGNA Real Estate services, 1601 Chestnut street, P. O. BoX 7716,
Philadelphia, Pennsylvania 19192. Lessor shall not bring any
aotion or'proceeding against Lessee without first having actually
servad Lessee with a oopy of the summons, complaint, or other
appropriate papers at the Premises, with a copy to Lessee at the
address stated in this paragraph.
_ 31. Bindina Effect The covenants, conditions,
warranties and agreements contained in this Lease shall bind and
inure to the benefit of Lessor and Lessee and their respeotive
heirs, distributees, executors, administrators, successors and
asaigns.
32. Attornevs' Fees If arbitration or other legal
action is instituted hereunder, the prevailing party in such
action shall be entitled to recover from the other party
reasonable attorneys' fees and costs.
33. Lessor's Riahts Ucon Lessee's Default Lessee
shall not be in default hereunder unless and until L~ssor gives
written notice thereof to Lessee and Lessee fails to cure said
default within:
13
a) ten (10) days if said default consists of the
non-payment of rent; or,
b) thirty (30) days if said default relates to
something other than the payment of rent;
provided, however, in the event a default
reasunably takes in excess of thirty (30) days to
cure, Lessee shall not be in default if Lessee
commences to cure said default within said
thirty (30) day period and proceeds diligently
thereafter to complete the same.
In the event this Lease provides for Lessee paying late
charges and/or interest on past due installments of Rent and/or
Additional Rent, the same shall not commence to accrue until the
expiration of the grace period after Lessee has received notice
as aforesaid.
34. Mitioation of Damaoes Irrespective of any
remedies expressly provided for in this Lease, or otherwise
available at law or in equity, each party covenants to exercise
good faith and use its best efforts to mitigate damages which may
occur as a result of the other party's default.
35. Brokers Lessee represents that it has not dealt
with any broker in connection with this Lease other than t~e
Broker specified on the Fact Sheet, and Lessor agrees to pay the
commission of said broker in accordance with a separate
agreement. Lessor and Lessee each covenant and agree to pay,
hold harmless and indemnify the other from and against any and
all cost, expenee or liability (including reasonable attorney..
fees) for'any compensation, commissions or charges claimed by any
other broker or agent with whom it has had any dealings or
negotiations with respect to this Lease or the negotiation
thereof,
Lessor acknowledges the Broker as the procuring cau.e
and agrees to pay the Broker the sum of Eight Thousand One
Hundred sixteen Dollars ($8,116) upon the commencement Date of
this Amendment to Lease.
36. Waiver Failure of Lessee to insist upon the
strict performance of any of the terms or conditions herein shall
not constitute a waiver of Lessee's rights to thereafter enforce
such terms and conditions.
37. Arbitration All disputes and other matters in
question between Lessor and Lessee shall be decided by
arbitration in accordance with the applicable rules gf the
American Arbitration Association. The foregoing agreement to
arbitrate shall be enforceable under the prevailing arbitration
law. The award rendered by the arbitrators shall be final, and
14
judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof. Arbitration shall be
the exclusive method of resolving disputes and other matters in
question between Lessor and Lessee, unless the parties shall
otherwise agree in writing.
38. Authoritv to Bind Lessor The individual signing
this Lease on behalf of Lessor hereby represents and warrants
that s/he is empowered and duly authorized to bind Lessor to this
Lease.
39. ~s and'conditions. The terms and conditions of
the Lease and its varioUS amendments are incorporated herein by
reference and shall remain in full force and effect except as
modified herein. In the event of any inconsistencies between the
Lease, its amendments, and this 1992 Amendment to Lease, then
this document shall prevail.
IN WITNESS WHEREOF, the parties have caused this 1992
Amendment to Lease to be signed by their duly authorized
representatives as of the day and year first above written
WITNESS:
LESSOR:
ADG-1300 PLAZA WEST ASSOCIATES
By: Rhett corporation,
.J[. :0,0'01 port.o'
INSURANCE COMPANY OF NORTH
AMERICA
ste~~f!:
Director - Real Estate Service.
Authorized signatory
.'
15
..
.. -.
,
"
:';'':
?: JO 1
V J.1lI111l3
~ l- II 10 UU 0
Ei I t:. I ' J-
Ii::!
..
t ... =E1 ..
" M:!
. ~_., : I~
~~ .
0
-" .
.
.
0
-. . i~ "
0
. I
~.i
\I) ,
.
0 ...
I I
. l
J t
.
.1".0'
"
J
Ii
0 .. ,
0
0
o
.,
O' ',.
. .
'-,:
0',
o
-
o
('oJ
~ ~.
'", -
ia :;l
III
.' ,
o
o
'.,
,
" "
-'
1, Kitthanacta Araa, Supply and install a na~ 4-foot base cabinet,
countartop, plumbing, and aink. Remove approximately five lineal
feat of floor-co-cll1ing wall partition and finish the open~ng.
2. Tallphona Room. Supply and install a ne~ door and frame for
accISS from Lessea's suita,
3. Professionally shsmpoo the carpet throughout the suite.
4. Repaint the walls ss required.
5. Demolish and remova floor-to-cailing wall partitionR ~f an
exlstins intarior office (approximately 25 lineal feet inelu~in&
e door and frame).
6. Construct tha demising wall between suita 200 and Suite 201.
ElRIBIT A
2 of 2
~
EXHIBIT C
Ooeratina Costs Exclusions
1. Cost incurred in connection with construction or
refurbishing of the building.
2. Cost of correcting defects in or inadequacy in the design or
construction of the project, the building equipment, major
systems, or the improvements in any area of the project
(including the demised premises).
J. Cost of leasehold/construction improvements for Lessee or
any other tenant including changes, additions, repairs,
replacements, alterations, painting, decorating or other
costs to the demised premises, the premises of other tenants
or in preparation for a tenant's new or continued occupancy.
4. salaries and benefits of officers, directors, executive
personnel, leasing agents and/or any other employees of
Lessor above the rank of building manager.
5. Legal fees (other th~n those relating to the general
operation of the projec~) space planning fees, architectural
fees, engineering fees (other than those relating to the
general operation of th~ project) real estate commission.,
marketing, advertising or any expenses incurred in
connection with the development or leasing of the building
or any improvements un the project.
6. Any cost included in operating Costs inclUding management
. fees, representing an amount paid to a person, firm,
corporation, or other entity related to Lessor which ia in
excess of the amount which would have been paid in the
absence of such relationship.
7. Cost of selling, syndicating, financing, mortgaging, or
hypothecating any of Lessor's interest in the project or the
improvement located on the project.
8. Cost associated with the operation of the business of the
legal entity which constitutes Lessor as the same is
separate and apart from the cost and operation of the
building including legal entity formation, internal entity
accounting and legal matters.
9. Costs of disputes between Lessor and any third party
regarding matters not related to the project.
.
10. The cost of any disputes between Lessor and any employee or
agent of Lessor.
11. Cost of defending any lawsuits with mortgagees or ground
lessors.
12. Any late fees, penalties, interest charges or similar fees
incurred by Lessor.
13. Interest, principal payments, and other costs of any
indebtedness and rental under any ground lease or other
underlying lease.
14. Any debt losses, rent losses or reserves for bad debt.
15. Any expenses incurred for use of any public portions of the
project including, but not limited to shows, promotions,
kiosks, lockers, advertising, etc.
16. Lease payments for rented equipment, the cost of which
equipment would constitute a capital expenditure if the
equipment were purchased.
17. New items of maintenance or higher standards for maintenance
and repairs than were included in base year operating
expenses.
18. Any expense for repairs or maintenance which was covered by
warranties and service contracts in exiAtence on the Term
commencement Date.
20.
The cost of installing, operating and mllin~aining any
specialty service, such as an observatory, troadcasting
facilities, luncheon club, athletic or recreational club.
The cost of any work or service perfo~ed for any tenant of
the Building (other than Lessee) to a materially grsater
'extent or in a materially more favorable manner than that
furnished to Lessee.
19.
21. The cost of (inclUding increased real estate taxes and other
operating costs related to) any additions to the Building
after the original construction.
22. The cost of any repairs, alterations, additions, change.,
replacements and other items which under generally accepted
accounting principles are properly classified as capital
expenditures.
23. The cost of any repair in accordance with the Article. on
fire, casualty and condemnation of this Lease.
24.
Income, excess profits or franchise
taxes imposed on or measured by the
the operation of the Building.
EXHIBIT C
-2-
taxes or other such
income of Lessor from
.
.-
EXHIBIT D
Janitorial Schedule
Dailv
1. All desks and other furniture will be dusted with speciallY
treated dust cloths.
2. All window sills, chair rails, baseboards, moldings, partitions,
and picture frames ~nder six feet in height will be hand dustsd
and wiped clean.
3. All floors will be dust mopped with specially treated duat mops.
4. All bright metal work will be maintained and kept in a clean,
polished condition.
5. All drinking fountains will ba thoroughly cleaned and sanitized.
6. All stairways will be s~ept with a chemically treated du.t mop
and wet mopped as needed.
7. Replacement of light bulbs as needed.
8. All elevators will ~~ w~t mopped, one coat of finish applied to
floor and machine buff9d. If floors are carpeted, carpet will be
vacuumed nightly. Interior of cabs will be wiped clean and all
metal hardware po1iEhed.
9. Empty, clean and dust all wastepaper baskets, ash traya,
receptacles, etc.
10. Remove trash and wastepaper to designated areas.
11. carpeting and rugs to be vacuum cleaned nightly.
12. All tile floors in all areas will maintain a satin finish.
Trafficksd areas to receive regularly programmed floor
maintenance to insure luster and remove black marks and acuft..
Lavatories
13. Floors to be swept and washed, using antiseptic liquid detergent.
14. Bowls, urinals and basins will be cleaned nightly. A sate
antiseptic and deodorant bowl cleaner will be used.
15. All metal and mirrors will be cleaned and polisbed.
1994 AMENDMENT TO LEASE
THIS 1994 AMENDMENT TO LEASE made this day of ,
by and between ADG.I300 PLAZA WEST ASSOCIATES, Successor In Interest to
1300 Plnza West Associates ("Lessor") and lNSURAl"lCE COl\fPANY OF NORTH
AMERICA, a Pennsyh'anla Corporntlon ("Lessee"),
WIT N E SSE T H:
,
WHEREAS, Lessor and Lessee did enter into a certain Lease dated December 30, 1980,
as amended from time to time by various amendments and a Rider ("the Lease"), for premises
located at 1300 Plaza West, 1300 Market Street, Lemoyne, Pennsylvania, all as more
particularly described In said Lease ("the Premises"); and
WHEREAS, Lessee wishes to reduce the premises and extend the term and Lessor Is
amenable to the same;
NOW THEREFORE, Lessor and Lessee covenant and agree as follows:
1. Demised Premises. Effective November 1, 1994,
the Premises shall be reduced to 4,290 rentable square feet located
on the second level as shown outlined In red on Exhibit "A"
attached hereto and on the same date, Lessee's designated parking
spaces, as assigned to Lessee by Lessor, shall be reduced to
eighteen (18). Effective April 1, 1995, the Premises shall be
funher reduced to 2,838 rentable square feet located on the second
level as shown outlined in red on Exhibit" A II attached hereto and
on the same date, Lessee's designated parking spaces as assigned
to Lessee by Lessor, shall be reduced to twelve (12).
2. Imn. The ending date of March 31, 1995 Is
hereby extended thlny six (36) months to March 31, 1998.
;' J (YIO . 3. Base Rent. The base rent for the use of the
'1 ~? . Premises through the ending date of March 31, 1998 shall be Ten
I) ~ 1 . and 90/100 Dollars ($10.90) per rentable square foot payable each
t11 " \ . calendar month in advance.
,
4. rroportlonate Share. For purposes of calculating
Additional Rent for the period beginning November 1, 1994 and
ending March 31, 1995, Lessee's proportionate share Is 14.5%.
For purposes of calculating Additional Rent for the period
beginning April I, 1995 and ending March 31, 1998, Lessee's
proportionate share Is 9.6%.
.
.'
".-
._-
.......
elll ell ~
~111 : alj ~ .
..l1 ~.
~!V iip'
_.~. .1011>4,. I "
.
.'
I.
.--
. .
..290 Rentable Square Feet 2,838 Rentable Square Filet
.
~it. "
'EXHIBIT "A"
...., '''~ICILLI . ULalCI
BYI FREDERICK W. ULRICH, ESQUIRE
6400 Flank Drive, suite 900
Harriaburg, PA 17112
(717) 541-8990
Attorney 1.0. No. 44855
PROPERTY MANAGEMENT, INC.,
Plaintiff
I IN THE COURT OF COMMON PLEAS or
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I CIVIL ACTION - LAW
NO. 95-6035 CIVIL TERN
v.
INSURANCE COMPANY OF
NORTH AMERICA,
I
.
.
Defendant
caaTI.ICATI 0. ...Vlel
The undersigned, as counsel for Defendant, In.urance
co.pany of North America, hereby certifies that on this day, a
true and correct copy of the foregoing document, IDtry of
appearaDoe, in the above-captioned matter, together with this
certificate of service, were sent by first cIa.. mail, po.tage
pre-paid, to the following counsel and party of recordl
Stephen C. NUdel, Esquire
219 Pine Street
Harrisburg, PA 17101
(Attorneys for plaintiff)
DATE I Nove.ber 9, 1995
l 11
I '/ j /}
ll..'r L
'FREotRICK w. ULRICH, ESQUIRE
(Attorney for Defendant)
tR
"
....
.,'
~.";.r
t.:' I, :.1.,
tZ / ~j~
~ ~.tir.i.'
1 t-..~ -I
!..:'f~'"l'''
~~ ~i: ~I i;
~.. .,.JIII'-
"'>r.",~
I .a....
,~ ."
,;:.I..J
~~
,t...
~
<<"")
-;:,.
-
....
:fE
~
. ....'......r d~' ...... ......., ,', .',. ." ,'. ~,
.
. ...
In Tn!:! Court or C~mmO:1 Fle:s or C:.Jr.::':~<ilt'l:nd C:'::U:-;~'Y, Pannsyl'lc::nl=
~ .
Property Management, ,.1nc.
1'5.
Insurance Company of North America
~o.
q~-fi035 Civil Term
.~
----. ..-
:-tow.
nr~nhpr 71 lqQ~
:'9__ !. S:~':>.1:::' OP C~GE:?.!.A..m COt.~'l'Y. ?:\.. c!a
. .
h=-.by d..;:ue:: r.h: Sh:.~ ol
Philndelnhia
C~u:ty ;0 c::::".1tC =:s \Vrl:,
:.!:.!s C:puc::au h=C -..~- ~t ~ ::qu::n :.::d :!sk of :.:.: ?":-:i5.
I' ,.,
., ,.-:." . I-.....~.
r"'-',~b;>........-.c.1~
SlIe.'1ir at Co:::!lut.u:d C~UlIlJ, 1'2.
Affidavit or Semc.=
~OW, '0 .. Q" :.lea ~t. 1=-.-=
.. . ..
=. ~t!:h&
'.lpOD
~,
by !::u:ci!:s; 1Il
& C:::0'f' ai ::e o::t.....
..
..
and :::a.d: bawa :0 ::e .::::te::s :"'~c:=i.
So lLCSW=.
.she'.5 .,
CoWIlT, P:L.
SWOl':1 :lIId rJI:sc:-:be:i bean:
== :!:is 6y at
I~-
COSTS
SnVla:
~aUAGE
A:tIDA VIT
s
__.L.-___.
s
f_ .-A
~
~
~
~
\\-
,
..
. ~
IH.III~~'1 II.TUIIN - IUMMON./COMPL.AINT
0cr~ m~ ~{J
VERSUS
frJ a of )),,rI, frrr,(r
"~U'U II / !JrlJ
COUNTY Ct)URT ()JtJ /JtfI
?5' to J5 TERM, 18
NO. f.18'f)g if
SERVED AND MADE KNOWN TO ~f.c____/J.!JJfJ!J___
o Derant
~fendant Company
by hand~ a{rue and attested copy 01 the within ?5mons/comPlain~)'j}ued in the obove coptioned matter
on 0 6 -----;rt:: ,19 _ ' _, at ~Iock, LM., E.S.T.lD.S.T.
at 1601 _-.-ilu1l!;tJ'L ...fr ::..___r1! J'. ~ , in th~ County of Phlladelphlo,
4ifPI1JiML_~AL0-_rz;_-------
the afolesald defendant, personally;
State of Pennsylvania, to
o (1)
0(2)
an adult member of the family of said defendant, with whom said defendontresides, who stated that
his/herlelationship to said defendant is that of _____
o (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re-
quest, to give his/her name and relatianship to said de(~ndant;
the manager/clerk of the place of lodging in which said defendant resides;
o (~
E((S)
o (6) the
agent or person fOlthe time being in chorge of defendant's office or usual place of business.
.. and ollicer af said defendant Company;
.,IUIIN IU MHl ~IHl~t;II\tltl'
tlOIJ 29 996 ~,I.
!'.HIl 101 thi~_
So Answers,
JOHN D. GREEN, She"f(
" .,,. ,'uNlc
N.l.r,al Sool
Jednll. Un'''",.iI . N.}lnry Public
PhIIJc1ulplli~t, 11lulaulltplu;'l C:Ollllly
My CUITWll,f,5;OIl E)Plfl'Hi Junll -t, 199R
11038 {R... 12A1 11btK.I'..w)t;ill..A'.roaUonal~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 95-6035 CIVIL TERM
INSURANCE COMPANY OF
NORTH AMERICA,
CIVIL ACTION - LAW
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above caption matter as settled,
discontinued and forever ended.
Respectfully submitted,
Date: ~ftq!9t,
NUDEL
udel, Esqu re
ID "41703
McNamara, Esquire
ID "72669
Attorneys for plaintiff
5011