Calculate the amount due Landlord for

Transcription

1 Store #1 Seahawk Village, Seattle, WA COMMON AREA MAINTENANCE Landlord Billed Supplies $3, $11, $20, Vehicles and Equipment $2, $2, $2, Pest Control $ $ $ Cleaning $39, $49, $46, Security $238, $224, $215, Trash Removal $6, $7, $7, Parking Lot Maintenance $46, $50, $47, Landscaping $117, $118, $127, Repair and Maintenance $20, $10, $26, Management Fee $28, $28, $32, Office Expense $8, $8, $7, Utilities $97, $105, $112, On-Site Personnel $122, $109, $81, Insurance $163, $124, $121, TOTAL CAM EXPENSE $896, $851, $850, Tenant Premises Square Footage 5,000 5,000 5,000 Denominator-CAM Enter the GLA denominator PRO-RATA %-CAM Calculate the prorata share % Tenant's Actual Pro Rata Share-CAM Calculate the prorata share $ Admin Fee Calculate the Admininstrative Fee TOTAL ACTUALS Sum the total CAM + Admin. Fee CPI CAP Lesser of Actual, CAP, CPI Calculate the CPI Calculate the Cap Determine the lesser of Calculate the amount due Landlord for

2 EXAMPLE 1 Example 1 - CPI / CAP Assumptions: 1) All expenses are lease permissible expenses. 2) CPI Defined. The term "CPI" means the Consumer's Price Index - U.S. City Average For All Items For All Urban Consumers ( =100) published monthly by the United States Department of Labor, Bureau of Labor Statistics. Lease states to use January when calculating CPI. CPI 1/ CPI 1/ CPI 1/ CPI 1/ CPI 1/ Increase 3.99% = (( )/190.7)* Increase 2.08% = (( )/198.3)* Increase 4.28% = (( )/ )* increase 0.03% = (( )/211.08)*100 3) First Lease Year commenced January 1, ) 15% Admin Fee excludes utilities, insurance, and on-site personnel costs 5) 2005 and 2006 actual expenses were $13,000 (pro rata after admin fee) 6) 2005 The lesser used was the $2.31 SF not to exceed per 10.1(A)(b) 7) 2006 The lesser used was the CPI calculation 8) Escrows Landlord show as paid are correct 9) No tenant provides its own hazard insurance 10) Shopping Center is all stores on GLA schedule 11) Kohl s and CVS maintain its own CAM Page 2 of 10

3 Example 1 - CPI / CAP LEASE LANGUAGE: 10.1 CAM Charge (A) For and during the first Lease Year of the Term, Tenant shall pay Landlord a Common Area maintenance charge ( CAM Charge") equal to the lesser of the following amounts: (a) Tenant's Proportionate Share (as defined in Section 10.2) of CAM Costs (as defined in Section 10.3) for such Lease Year, or (b) an amount not to exceed Two Dollars and 31/100 Dollars ($2.31) per square foot of GLA of the Premises per annum. (B) For and during each Lease Year subsequent to the first Lease Year of the Term, Tenant shall pay Landlord a CAM Charge equal to the lesser of the following amounts: (1) Tenant's Proportionate Share of CAM Costs for such Lease Year, or (2) Tenant's CAM Charge payable for the immediately preceding lease Year increased by four percent (4%), or (3) the annual CPI increase for the immediately preceding Lease Year Tenant's Proportionate Share The term "Tenant's Proportionate Share" means that amount, expressed as a percentage which is represented as a fraction, the numerator of which is the GLA of the Premises and the denominator of which is the GLA of all Shopping Center (including storage space available to any tenant, whether as an integral part of such tenant's premises or physically separate therefrom, and the area of all kiosks, pushcarts and mobile retail units, provided such area is not less than 100 square feet per kiosk, pushcarts or mobile retail unit), as such GLA may be changed from time to time. As of the date hereof, Tenant's Proportionate Share is estimated at 1.136% (5,000 square feet 440,000 square feet). If any tenants of the Shopping Center provide hazard insurance for their premises without cost to Landlord, then for the purpose of determining Tenant's share of hazard insurance costs, the square footage of floor area of such premises shall be excluded from the denominator of such fraction upon verification to Tenant that such other tenants are providing their own hazard insurance. Notwithstanding the foregoing, Tenant acknowledges that certain items within CAM Costs may be paid directly by certain pad tenants and/or by the owners of separately-owned parcels (collectively, the "Separate Parties") within the Shopping Center, and in such event, the CAM Costs for the Shopping Center to which Tenant is required to contribute shall exclude such costs which are paid directly by the Separate Parties and, with respect to each such category of CAM Costs which is attributable to the balance of the Shopping Center, Tenant's Proportionate Share shall be increased by deducting, for purposes of such calculations, the GLA of such Separate Parties from the total GLA of the Shopping Center. Page 3 of 10

4 EXAMPLE 1 Example 1 - CPI / CAP Store #1 Seahawk Village, Seattle, WA Example 1 - GLA Tenant Unit Type Unit # Square Feet KOHL'S Major 100 sep owned ROSS Major ,174 BED, BATH & BEYOND Major ,897 BEN & JERRY'S Small 115 1,210 BARNIE'S COFFEE AND TEA Small 116 1,210 HAIR MASTER Small 117 1,100 LEE NAILS Small 118 1,105 RED BRICK PIZZA Small 119 1,937 MEN'S WAREHOUSE & TUX Small 120 1,563 CENTURY LINK Small 121 2,800 KAYS Small 107 2,000 AEROPOSTALE Small 108A 3,353 SUNGLASS HUT Small 108 1,000 KIOSK Small 109 1,446 LIDS Small 110 1,364 VITAMIN WORLD Small 111 1,035 CLAIRE'S Small 112 1,201 JOHNNY ROCKETS Small 113 2,200 DRESS BARN Small 102 8,065 YANKEE CANDLE Small 103 1,600 PIER 1 Small ,751 CHILI'S Pad 141 5,697 MACARONI GRILL Pad 142 6,820 PETCO Small ,951 SPORTS AUTHORITY Major ,000 CVS Pad 124 sep owned CHIPOTLE Small 126 2,760 STORE #1 Small 127 5,000 JUSTICE Small 128 3,991 PAC SUN Small 129 3,862 AMERICAN EAGLE Small 130 5,210 JOURNEY'S Small 131 1,800 T MOBILE Small 132 2,600 RICE AND BEANS Small 133 3,000 PANERA Small 134 5,000 LENSCRAFTERS Small 135 4,325 AVON Small KIRKLANDS Small 137 6,000 MICHAELS Small ,715 WELLS FARGO Small 138A 1,891 FAMOUS FOOTWEAR Small 140 8,051 WINE AND SPIRITS Pad 123 9,464 WENDY'S Pad 125 3,065 REGAL CINEMAS Major , ,648 Page 4 of 10

5 LEASE THIS LEASE is made and entered into as of the 10th day of August, 1998, by and between LANDLORD ENTERPRISES TEXAS, L.P., ( Landlord ), and GREAT STORES, L.P. ( Tenant ) A. Premises. Forty five thousand, nine hundred ninety five (45,995) square feet of Floor Area located in a shopping center on Central Highway in Dallas, Texas. The Premises are shown cross-hatched on the site plan attached hereto as Exhibit C. DEFINITIONS: A. Building shall mean the building in which the Premises are located. B. Commencement Date shall mean the date of this Lease which is the date the Lease Term commences. C. Common Area shall mean all areas and facilities outside the Premises and within the interior boundaries of the Shopping Center that are provided and designated by Landlord from time to time for the non-exclusive use of Tenant, Landlord and Landlord s designees, and other tenants and occupants of the Shopping Center and their respective authorized representatives and invitees. Common Area includes, without limitation, parking areas, sidewalks, driveways, and landscaped areas. D. Floor Area shall mean the aggregate number of square feet of floor space in the Premises, or from time to time, of all floors in all buildings located in the Shopping Center available or held for the exclusive use and occupancy of tenants or occupants or future tenants or occupants, whether or not actually occupied, excluding mezzanine space, measured from the interior faces of interior walls and the exterior lines of exterior walls. E. Landlord s Operating Costs is defined in Section F. Lease Year shall mean every twelve (12) consecutive calendar months during the Lease Term commencing on the Rent Commencement Date, provided, however, if the Rent Commencement Date is not the first day of a calendar month, the first Lease Year shall consist of the twelve (12) full consecutive calendar months following the Rent Commencement Date, plus the period from the Rent Commencement Date to the first day of such twelve (12) calendar month s period. G. Premises shall mean a portion of the Building shown cross-hatched on the Site Plan attached hereto as Exhibit 13, containing approximately 45,995 square feet of Floor Area. H. Pro Rata Share shall mean a fraction, the numerator of which is the Floor Area of the Premises and the denominator of which is the Floor Area of the entire Shopping Center, including the Premises as determined from time to time. I. Shopping Center shall mean the shopping center of which the Premises is a pan which is legally described on Exhibit A, and depicted on the Site Plan attached hereto as Exhibit B.

6 9. REPAIR OF THE PREMISES. 9.1 Tenant agrees that except as otherwise provided in this Article, it will, at its sole cost and expense, maintain the Premises in good condition and make all necessary repairs thereto. 9.2 Landlord shall, at its sole cost, without subject to reimbursement by Tenant, make all structural repairs to the Premises, whether interior or exterior, keep the Premises watertight (except for leakage caused by doors and windows, or sign or HVAC penetrations), and shall repair, replace and maintain in good condition the exterior structural parts (excluding doors, windows and signs) of the Premises, including without limitation the roof, roof membranes, walls, foundations, gutters and downspouts and all related expenses for such areas. 27. COMMON AREAS Landlord will maintain in good order, condition and repair all parking areas, landscaping, sidewalks, utility lines not located within any buildings, driveways and other areas used in common by tenants of the Shopping Center (the Common Areas ), and Landlord hereby grants to Tenant, its agents, employees and invitees, the nonexclusive right to use the Common Areas in common with other tenants of the Shopping Center. In each Lease Year Tenant shall pay Landlord, as additional rent, its Pro Rata Share of Landlord s Operating Costs (as hereinafter defined). Upon request from Tenant, Landlord shall provide current documentation of the Floor Area of the Shopping Center: 27.2 As used herein, the term Landlord s Operating Costs shall mean actual out-of- pocket expenses reasonably incurred by Landlord to maintain and repair the Common Areas in the manner required of Landlord hereunder, including and limited to the cost of liability and property insurance, and all costs and expenses incurred by Landlord in maintaining, repairing, replacing, lighting and cleaning; provided, capital costs shall be amortized over a ten (10) year period and include nine percent (9%) interest per annum and Tenant shall pay its Pro Rata Share of the amortized principal and interest in monthly installments, Capital costs is defined as individual non-recurring capital replacements or repairs with a cost of more than $20, In addition, Landlord shall be entitled to a five percent (5%) administrative fee computed on Landlord s Operating Costs, exclusive of real estate taxes, utilities and insurance. Notwithstanding the foregoing, the following shall, in all events, be excluded from Landlord s Operating Costs: depreciation, principal, interest and other charges on debt, management, administrative (except as above provided) and overhead expenses, costs and fees, including but not Limited to wages, salaries and benefits (including the cost for any insurance coverage related to management personnel); promotional and similar fees, and costs of maintaining, repairing and replacing the foundation, exterior walls, roof and roof membrane of the Shopping Center, including the Premises, and costs to remove hazardous or toxic substances; maintenance performed on adjacent tracts not maintained by Landlord and/or not reserved to the benefit of the Shopping Center occupants; maintenance, repairs or replacements to the Common Areas necessitated by the negligent or wrongful act of Landlord or made to correct any construction defect or soil/subsurface condition; amounts paid to entities related to Landlord in excess of the cost of such services from any reasonably competitive source; amounts reimbursable from insurance proceeds or warranties; services, repairs and maintenance performed within an occupant s excusive space which is not part of the Common Areas.

7 27.3 Tenant s proportionate share of such costs and expenses for each calendar year and partial calendar year shall be paid in monthly installments on the first day of each calendar month as additional Rent. Landlord shall provide a budget based upon the Landlord s Operating Costs for the preceding calendar year, which budgeted amount shall not exceed five percent (5%) of the total Landlord s Operating Costs for the previous calendar year (the Budget ), or Landlord may, at its sole option, bill such actual costs and expenses monthly in arrears from time to time but not more than one (1) time per calendar month. Within one hundred eighty (180) days after the end of each calendar year or portion thereof Landlord shall furnish Tenant with a detailed written statement outlining the type and amount of expenses incurred by Landlord and Tenant s Prorata Share of such costs and expenses for such period and if required by Tenant, including photo static copies of all bills, invoices and other reasonable documentation supporting such actual costs and evidence of Landlord s payment thereof (the Budget Reconciliation ). If the total amount paid by Tenant under this Article for any calendar year shall be less than the actual amount due from Tenant for such year as shown on the Budget Reconciliation, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each Budget Reconciliation, if the total amount paid by Tenant hereunder for any such calendar yeas shall exceed such actual amount due from Tenant for such calendar year, the amount of the overpayment shall be credited against the next installment of additional rent due hereunder.

8 GLA Provided by Landlord EXAMPLE 2

9 CAM Parking Lot Lights 10, , Plumbing 4, Security 90, , Pest Control 1, , Paint - Ext 15, Signs 1, Repairs Exterior 5, , Landscape Contract 14, , Landscape R&M 13, , Sweeping 11, , Janitorial 12, , Paving Repairs 4, , Common Area R&M 11, , Engineering Payroll 20, , Engineering Benefits 4, Utilities 65, , Subtotal CAM Expense 287, , Admin Fee-5% 14, , Total CAM Expense 301, , EXAMPLE 2 Great Store Area 45,995 45,995 GLA 160, ,239 Share% Great Stores CAM 86, , Utilities: Storm Drain 11, , Great Store 45, , GLA 160, , Share% Great Stores Utilities 3, , Insurance: Insurance 33, , Great Store 45, , GLA 160, , Share% Great Stores Insurance 9, , Total GS Operating Costs 99, , Landlord Billed/Teant Paid 90, , Net Due 9,

10 GL Exclusion List EXAMPLE 2 CAM Line Vendor Date Amount Description Parking Lot Lights Facility Solution Group 5/21/ Outages caused by construction activity Parking Lot Lights Facility Solution Group 5/21/ Outages caused by contractor Parking Lot Lights Facility Solution Group 4/29/2009 1, Repair Electric service at Galaxy Golf Parking Lot Lights Facility Solution Group 10/26/ Outages caused by contractor Security , Security Paint-Ext Johns Painting 7/5/ , Paint exterior walls of Center buildings Landscape R&M Amtech Roof Consultants 7/16/ Site visit prior to construction Engineering Payroll UCR Asset Services , Payroll and benefits for Property Manager Engineering Benefits UCR Asset Services , Payroll and benefits for Property Manager Utilities City of Dallas 1/12/2009 1, Water and Sewer for former Comp USA Utilities City of Dallas 3/16/2009 1, Water and Sewer for former Comp USA Utilities City of Dallas 5/13/2009 1, Water and Sewer for former Comp USA Utilities Other 1/11/2009 2, No invoice support CAM Line Vendor Date Amount Description Security , Security Common Area R&M Action Loc Doc 8/14/ Lock service suite 215 Common Area R&M Brazos Restoration 10/27/ Waterproofing 9358 N Central Engineering Payroll UCR Asset Services , Payroll and benefits for Property Manager Utilities City 2/1/2010 1, Water and Sewer for former Comp USA 9378 N Central Utilities City 5/1/2010 1, Water and Sewer for former Comp USA 9378 N Central Utilities City 11/1/2010 1, Water and Sewer for former Comp USA 9378 N Central Utilities City 12/31/2010 1, Water and Sewer for former Comp USA 9378 N Central

11 Great Stores Escrow Payment Schedule EXAMPLE Item Date Amount Paid Description CAM 1/1/2009 7, CAM Payment CAM 2/1/2009 7, CAM Payment CAM 3/1/2009 7, CAM Payment CAM 4/1/2009 7, CAM Payment CAM 5/1/2009 7, CAM Payment CAM 6/1/2009 7, CAM Payment CAM 7/1/2009 7, CAM Payment CAM 7/1/2009 5, CAM year end CAM 8/1/2009 7, CAM Payment CAM 9/1/2009 7, CAM Payment CAM 10/1/2009 7, CAM Payment CAM 11/1/2009 7, CAM Payment CAM 12/1/2009 7, CAM Payment Total , Item Date Amount Paid Description CAM 1/1/2010 7, CAM Payment CAM 2/1/2010 7, CAM Payment CAM 3/1/2010 7, CAM Payment CAM 4/1/2010 7, CAM Payment CAM 5/1/2010 7, CAM Payment CAM 6/1/2010 7, CAM Payment CAM 7/1/2010 7, CAM Payment CAM 8/12/2010 9, CAM year end CAM 8/1/2010 7, CAM Payment CAM 9/1/2010 7, CAM Payment CAM 10/1/2010 7, CAM Payment CAM 11/1/2010 7, CAM Payment CAM 12/1/2010 7, CAM Payment Total ,821.93

12 EXAMPLE 3 Example 2 Threshold A Store #1 Seahawk Village, Seattle, WA Example CAM Threshold Calculation Tenant Name Unit # Sq Ft Cost psf Office Space ,000 $ 3.00 Retailer ,000 $ 3.75 Retailer ,000 $ 3.75 Vacant ,000 $ - Retailer ,000 $ 3.50 Office Space ,000 $ 5.00 Retailer ,000 $ 4.00 Retailer ,500 $ 5.00 Retailer ,500 $ 4.75 Store #1 (Our store) ,000 $ 4.00 Subtotal 71,000 GLA of SC making similar payments Total % of GLA of the Shopping Center making similar payments Calculate the % of GLA Making Similar Payments. Page 5 of 10

13 EXAMPLE 3 Example 2 Threshold A Assumptions: Tenant considers 90% of per square foot charge similar in nature. Therefore, any tenant paying $3.60 or more qualifies as similar. ($4.00 psf x 90% = $3.60) LEASE LANGUAGE: 1.1 Description of the Premises (A) Landlord leases to Tenant and Tenant hires from Landlord that certain store premises (the "Premises") containing approximately 5,000 square feet of GLA (as defined below) and constituting a part of a shopping center commonly known as Seahawk Village (the "Shopping Center") located at Super Bowl XLVIII Boulevard, in the City of Seattle, State of Washington. All land comprising the Shopping Center is referred to as the "Property" and is legally described in Exhibit A. All buildings and improvements situated on the Property are collectively referred to as "Shopping Center Buildings". (B) Definition of GLA. The term "GLA" means the number of gross square feet of leasable floor area (whether occupied or unoccupied) on all levels of all Shopping Center Buildings intended for the exclusive use by an occupant thereof, including without limitation mezzanines and balconies (but excluding the Shopping Center management offices, maintenance storage areas, non-selling mezzanines, utility rooms, common corridors and a community room, if any, located outside of any individual tenant's space) CAM Charge (C) The CAM Charge shall constitute the sole and exclusive obligation of Tenant with respect to Common Area maintenance costs of the Shopping Center. Other than the CAM Charge and any other obligations of Tenant with respect to the Premises which are set forth in this Lease, Tenant shall have no obligation whatsoever for the payment or reimbursement of any costs for the repair, maintenance, operation or management of the Shopping Center. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation to pay the CAM Charge or any amounts relating to CAM Costs unless other tenants occupying at least ninety percent (90%) of GLA of the Shopping Center make similar payments. Page 6 of 10

14 EXAMPLE 4 Example 3 Threshold B Store #1 Seahawk Village, Seattle, WA Example CAM Threshold Calculation Tenant Name Unit # Sq Ft Cost psf Office Space ,000 $ 3.00 Retailer ,000 $ 3.75 Retailer ,000 $ 3.75 Vacant ,000 $ - Retailer ,000 $ 3.50 Office Space ,000 $ 5.00 Retailer ,000 $ 4.00 Retailer ,500 $ 5.00 Retailer ,500 $ 4.75 Store #1 (Our store) ,000 $ 4.00 Subtotal GLA 71,000 GLA of SC making similar payments Total % of GLA of the Shopping Center making similar payments Calculate the % of GLA Making Similar Payments. Page 7 of 10

15 EXAMPLE 4 Example 3 Threshold B Assumptions: Tenant considers 90% of per square foot charge similar in nature. Therefore, any tenant paying $3.60 or more qualifies as similar. ($4.00 psf x 90% = $3.60) LEASE LANGUAGE: 1.1 Description of the Premises (A) Landlord leases to Tenant and Tenant hires from Landlord that certain store premises (the "Premises") containing approximately 5,000 square feet of GLA (as defined below) and constituting a part of a shopping center commonly known as Seahawk Village (the "Shopping Center") located at Super Bowl XLVIII Boulevard, in the City of Seattle, State of Washington. All land comprising the Shopping Center is referred to as the "Property" and is legally described in Exhibit A. All retail premises and improvements situated on the Property are collectively referred to as "Shopping Center Buildings". (B) Definition of GLA. The term "GLA" means the number of gross square feet of leasable floor area (whether occupied or unoccupied) on all levels of all Shopping Center Buildings intended for the exclusive use by an occupant thereof, including without limitation mezzanines and balconies (but excluding the Shopping Center management offices, maintenance storage areas, non-selling mezzanines, utility rooms, common corridors and a community room, if any, located outside of any individual tenant's space) CAM Charge (C) The CAM Charge shall constitute the sole and exclusive obligation of Tenant with respect to Common Area maintenance costs of the Shopping Center. Other than the CAM Charge and any other obligations of Tenant with respect to the Premises which are set forth in this Lease, Tenant shall have no obligation whatsoever for the payment or reimbursement of any costs for the repair, maintenance, operation or management of the Shopping Center. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation to pay the CAM Charge or any amounts relating to CAM Costs unless other tenants occupying at least ninety percent (90%) of GLA of the Shopping Center make similar payments. Page 8 of 10