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HomeMy WebLinkAbout68FEB-10-2000 13:37 FROM UNICO PROPERTIES, RENTONN TO / 4307300 P.11 4.11 Taxes MorteaQes. Manager shall, if requested by Owner in writing, obtain, verify and pay bills for real estate and personal property taxes, improvement assessments and other like charges which are or may become liens against each Property from the Operating Account, ai hereinafter defined. Manager shall use reasonable efforts to reduce taxes and assessments attributable to, or payable for, the Property. Manager shall forward, within two (2) business days after receipt thereof a copy of such bills to Owner such that Owner may approve Managers payment of such hill and, unless such bills are being contested, Manager shall use its best efforts to pay all such bills before any fine or penalty attaches or to permit Owner to take advantage of any discounts. If requested by Owner in writing, Manage! shall make payments from the Operating Account an account of any ground lease, mortgage, deed of taut or other security instrument, if .rry, affecting any Property. If any tenants are required to pay real estare taxes and assessments directly to the taxing authority, Manager shall obtain copies of both the invoices and evidence of payment prior to delinquency and f award them to Owner within five (5) business days of receipt. 4.!2 Advances. Maruger shall not be obligated to make any advance to or for the account of the Owner or to pay any sum except out of funds held or provided as set forth in this Agreement, nor shall Manager be obliged to incur any liability or obligation for the account of the Owner without assurance that the necessary funds for the discharge thereof will be provided. ART _ ICLE 5.LE.ASIN RRESPONSIBILITIES 5.1 Leasin . Owner hereby designates Manager as its exclusive broker for leasing of space in the Property. During the. term of this Agreement Owner a__,rees to refer to Manager all offers and inq'.riries by prospective tenants or by cooperating third party brokers not aff:iated with Manager for space in the Property, and each of them, and Manager agrees to diligently investigate and develop such offers or inquiries, to canvas, solicit and otherwse employ its best efforts and services to lease space in the Property. Manager shall make every reasonable effort to obtain and keep tenants reasonably satisfactory to Owner for each Property. Manager shall, so far as reasonably possible, procure financial references from prospective tenants, investigate such references, and use its best judgment in the selection of prospective tenants. Manager agrees to perform whatever reasonable service may be required in connection with the negotiation of leases or renewals, extensions, modifications, or cjncellations thereof. Owner and Manager acknowledge and agree that it is in the best interests of Owner and the Property for the Manager to maintain continuity in the leasing plan for each Property, and therefore, Owner authorizes Manager actively to solicit, accept and pursue subleasing assignments for tenants, notwithstanding the fact that such subleasing assignments may compete with the negotiation and execution of lases, for space in the Property. 5.2 Execution of Leases. All leases and lease renewals, extensions and modifications are to be prepared by Manager, with the assistance of legal counsel approved by Owner in writing, in accordance with the leasing guidelines (including allowances for tenant improvements) established by Owner with respect to each Property covered by this Agreement ("Leasing Guideline,") and submitted to Owner for approval and execution. Manager shall advise Owner an a timely basis of proposed lease terms that vary materially from the Leasing Guidelines. 5.3 Lease _Form s. All new tenant leases shall be on t.'te form p'arovided or approved in writing by Owner, with such modifications and additions to (including riders) or deletions from said form as are reasonably necessary to conclude the transaction and are customary in the market where the applicable Property is located and are approved by any lender having a right of approval under applicable documents, so long as, in the opinion of Owners legal counsel, such modifications, additions or deletions do not significantly affect Ow tiers rights and obligations under the lease, do not adversely affect Owner's property