Kick-off Meeting
Project: Elements Massage, La Centerra at Cinco Park, Katy TX (Thales International Inc., dba Elements Massage)
Project No: # ______
Present: Jeff, James, Marcela
Date: 5/19/14 9:30am CST
1. Project Overview (Information to Consultants)
Pre-Construction Brief:On website for team use
SIR’s: N/A
Work Letter: Below
Base Bldg Dwg’s & Photos: Jeff to obtain from Landlord
Approved Equipment Floor Plan & Schedule to Architect Date: 5/19/14
Reflected Ceiling Plan & Floor Plan to MEP by Architect Date: 5/19/14
Design Directive in Use Date of Last Directive: Current
Landlord: Rent commencement date 120 days after Tenant receipt of building permit which must be applied for within 60 days of lease execution.
TDLR ADA Submittal and Inspections required in State TX
Landlord:
La Centerra at Cinco Park
Vista Montgomery Co.
1117 Eldridge Parkway
Houston TX 77077
SITE ADDRESS
2643 Commercial Center Blvd.
Ste B101, Katy, TX 77494
2. Project Overview
Building Type: standard
Square Footage: Lease 2299 sq. ft.
Special Conditions: TI $40.00 per sq ft = $91,960.00
3. Schedule
Base Building Delivery Date: ______?
RCP posted for team review Date: 5/19/14
MEP Dwg’s to Architect for Coordination Date: 5/28/14
Permit Submittal Date: 6/2/14
· Review if Health Department submittal required. Is Fire Department a separate submittal?
· Permit submittal by mail if possible. Jeff to advise.
Permit Timing: 4-6 weeks estimated
“Not for Construction” Date: 6/27-7/5
Construction Start Date: Est 7/7/14
Estimated OP’s Turnover Date: Est 8/22/14
Notes:
4. Work Letter Review
Perimeter Furring: Tenant responsibility
Demising Wall: Tenant responsibility.
Storefront: Existing. Tenant responsibility.
Restrooms: AS is. Tenant responsibility.
Fire Protection
Base system by Landlord remaining Tenant responsibility.
Water/Sewer
Landlord responsibility
Gas
· No gas. All electric
HVAC
· Tenant responsibility
Electrical
· As is Tenant responsibility
Telephone
· Existing Tenant responsibility
5. Architectural
Floor Plan Review
· 5-19-14
Floor Drain Locations
Notes:
1. Jeff to provide finish plan (per prototype review) for team review
· Lobby Wood: Jim to send choices to Marcela
· Lobby desk dark or light? Pending
· Ceramic floor and wall tile choices:Pending
· Use of standard type T Stats: Provide alternate
· Water Feature located? Travis to send
· Accent Wall? Yes
· Logo behind desk? Yes
· Primary Tahoe pendant? New lighting design spec thru Regency Lighting
· Sound Masking System: Voice Solutions. Owner to advise
· Primary sconce for water feature? Owner to advise
· Wall to decks in: Lobby, between massage rooms, break rom and restroom interior partition wall
Reflected Ceiling Plan Review: 5/19/14
Lights:
· Lobby: Sconces, pendants, recessed cans
· Break Room: Recessed cans
· Massage Rooms: Sconce, recessed cans
· Restrooms: Recessed cans
· Hallways: Recessed cans
Chandelier: No
Signage
Walton Sign completing due diligence 5-19-14
Existing Elevation Drawings:Yes
Architect Proved Drawings of Elevations (When existing dwg’s do not exist) Jeff to provide
Elements Provides Signage Locations to Architect Date: TBD
Architect Provides J-Box Locations & Power Requirements to MEP Date: 3-24-14
Notes:
1. Pylon sign allowable per lease.
6. Mechanical
HVAC System Type
Notes: Per Engineer, electric no gas
Fresh Air & Exhaust Air Locations
Notes : Above
Ductwork Locations
Open or Closed Ceiling
Notes: Open lobby and closed elsewhere
7. Plumbing
Water/Sewer/Gas Stub-in Locations:
Potential Grease Trap Location: N/A
Hot-Water Heater Type: Alternate for tankless type
8. Electrical
Electrical Service Stub-in Location: Per bbd
Step Down Transformer: none
Owner to advise on additional recessed cans in massage rooms
9. Tasks
Notes:
Section 2.5 – Utility Charges. Tenant shall pay for all of its requirements for utilities, including, but not limited to, gas, steam, water, telephone, electricity, and sewer charges. However, Landlord shall pay for any , "tap fees" or “impact” or "connection fees", or costs charged by the City (or any municipal utility district, levee improvement district or other utility supplier) within which the Leased Premises are located,, and in no eventexcept for such initial “tap fees” or “connection fees” or costs, shall Landlord ever not be liable to any suppliers of any such utilities or services contracted for and/or used by Tenant in connection with the Leased Premises. In addition, Tenant shall pay for all utilities consumed in the Leased Premises from the date Tenant takes possession of the Leased Premises. Tenant shall at Tenant's expense, install one or more separate meters for the Leased Premises so as to measure the amount of water, electrical current and other utilities consumed at the Leased Premises.
In the event any such utilities are not separately metered to the Leased Premises, Tenant's actual use shall be determined in good faith by Landlord's engineers, which determination shall be binding except upon a showing of bad faith. Landlord agrees to charge Tenant the same rate which Tenant would be charged by a utility company furnishing the same to the Leased Premises.
No interruption or malfunction of any utility services shall constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages or entitle Tenant to be relieved from any of its obligations hereunder or grant Tenant any right of off-set or recoupment. EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OF LANDLORD OR THE INTENTIONAL WRONGFUL ACT OR FAILURE TO ACT OF LANDLORD, LANDLORD SHALL NOT BE LIABLE IN DAMAGES OR OTHERWISE FOR ANY FAILURE OR INTERRUPTION OF ANY UTILITY SERVICE BEING FURNISHED TO THE LEASED PREMISES OR ANY PORTION OF THE SHOPPING CENTER, INCLUDING IF SUCH INTERRUPTION IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD, NOR SHALL SUCH FAILURE OR INTERRUPTION ENTITLE TENANT TO TERMINATE THIS LEASE, PROVIDED HOWEVER, IF SUCH INTERRUPTION LASTS MORE THAN 48 HOURS, TENANT SHALL BE ENTITLED TO OR TO AN ABATEMENT OF PAYMENT OF ANY PORTION OF THE RENT OR OTHER CHARGES PAYABLE UNDER THIS LEASEDURING THE PERIOD OF SUCH INTERRUPTION.
ARTICLE III
CONSTRUCTION AND CONDITION OF LEASED PREMISES
Section 3.1 – Construction of Leased Premises. The Leased Premises shall be constructed and made ready for Tenant's occupancy thereof pursuant to the terms of Exhibit "C" attached hereto and made a part hereof for all purposes.
Section 3.2 – Condition of Leased Premises. TENANT AGREES THAT IT HAS OR WILL HAVE EXAMINED THE LEASED PREMISES AND, EXCEPT TO THE EXTENT OF THE EXPRESS CONSTRUCTION OBLIGATIONS OF LANDLORD FOR LANDLORD'S WORK AS SET FORTH AND DEFINED IN EXHIBIT "C", TENANT ACCEPTS THE LEASED PREMISES AS OF THE TENDER DATE IN THEIR THEN PRESENT PHYSICAL CONDITION ON AN "AS-IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (WHETHER EXPRESSED, IMPLIED OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OR TENANTABILITY, AND WITHOUT LANDLORD BEING OBLIGATED TO PERFORM ANY NATURE OF CONSTRUCTION WORK. Within ten (10) days after the Tender Date, Tenant shall provide Landlord with a complete punch list of all items of Landlord's Work (as defined in Exhibit "C") which remain to be completed and Landlord shall use reasonable efforts to complete all such punch list items which are in fact part of Landlord's Work within thirty (30) days after Landlord's receipt of the punch list.
Section 4.5 – Signs. Landlord may erect and maintain such suitable signs as Landlord, in Landlord's sole discretion, may deem appropriate to advertise the Shopping Center. Subject to applicable governmental requirements, the Underlying Documents and Landlord's approval, which shall not be unreasonably withheld, provided that Tenant complies with any tenant design criteria hereafter adopted by Landlord and made available to Tenant (the "Tenant Design Criteria") and provided Tenant follows the Tenant Sign Submittal Requirements (herein so called) set forth on Exhibit "E", Tenant shall be entitled to erect the maximum interior and exterior building signage consistent with Tenant's prototypical signage requirements and the Tenant Design Criteria. Tenant shall not be entitled to erect any pylon sign. Tenant may attach a sign rendering, but acknowledges that such rendering is conceptual only; the final design and specifications of Tenant's signage shall remain subject to the review and approval process set forth in the Signage Submittal Requirements. Tenant understands that Tenant must obtain all necessary governmental and quasi-governmental approvals with respect to its signage.
Without limiting the generality of the foregoing, if Tenant, without the prior written consent of Landlord, violates the foregoing provisions of this Section, and Landlord notifies Tenant (or the manager of Tenant's store at the Leased Premises) to remove such sign or signs and Tenant does not remove such sign or signs within three (3) business days after such notice to Tenant, then Landlord may elect to remove such signs at Tenant’s expense.
If Tenant has not completed installation of its storefront sign within sixty (60) days of the Commencement Date, then Landlord may elect to hire and supervise a company to build and install Tenant's storefront sign. Any and all costs incurred by the Landlord to install such signage will be billed directly to the Tenant, as Additional Rent. Full payment shall be made to Landlord, by Tenant, within thirty (30) days of Landlord's written notification to Tenant.
EXHIBIT "B"
LEGAL DESCRIPTION
Metes and Bounds Description
4.448 Acres (193,750 Square Feet)
Thomas Hobermaker Survey, A-190
Fort Bend County, Texas
Being 4.448 acres (193,750 square feet) situated in the Thomas Hobermaker Survey, A-190, Fort Bend County, Texas, being a portion of Restricted Reserve "A" of LaCenterra Central, a subdivision recorded in Plat Number 20120048 of the Fort Bend County Plat Records (F.B.C.P.R.), Fort Bend County, Texas; said 4.448 acres being more particularly described by metes and bounds as follows, with all bearings referenced to the Texas Coordinate System of 1927, South Central Zone:
BEGINNING at a 5/8-inch iron rod with plastic cap stamped "SURVCON INC." found for the southwesterly corner of said Restricted Reserve "B" of Cinco Village Center Sec 2 as recorded under Slide Number 2418B of said F.B.C.P.R., and being in the easterly right-of-way line of Commercial Center Boulevard (100 feet wide) as recorded in Slide Number 2137B of said F.B.C.P.R. and the most southerly northwest corner of said Restricted Reserve "A" of LaCenterra Central;
THENCE, North 67°37'05" East, along the common line of said Restricted Reserves "A" and "B", a distance of 238.48 feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." found for an interior corner;
THENCE, North 25°54'08" West, departing said common line, a distance of 226.11 feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." found for corner in the line common to said Restricted Reserve "A" and Cinco Village Center Sec 1, a subdivision recorded in Slide Number 2419A of said F.B.C.P.R.;
THENCE, North 61°16'53" East, along the southerly line of said Cinco Village Center Sec 1, a distance of 67.51 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for corner;
THENCE, North 65°35'57" East, continuing along said southerly line, a distance of 190.64 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for a corner;
THENCE, South 25°54'08" East, departing said southerly line, a distance of 231.43 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for an interior corner;
THENCE, North 56°44'26" East, a distance of 287.28 feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." found for the northeasterly corner of said Restricted Reserve "A", and being in the westerly right-of-way line of Grand Parkway (State Highway 99) (varying width) as recorded in Volume 2170, Page 2025 of the Fort Bend County Official Records (F.B.C.O.R.);
THENCE, South 06°55'14" East, along the westerly right-of-way line of said Grand Parkway, a distance of 278.13 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for the southeasterly corner of the herein described tract;
THENCE, South 87°49'50" West, departing said westerly right-of-way line, a distance of 224.09 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for the beginning of a non-tangent curve to the right;
THENCE, southwesterly, 307.19 feet along the arc of said curve to the right (Central Angle = 137°32'35"; Radius = 127.97 feet; Chord Bearing and Distance = South 65°26'22" West, 238.57 feet) a 5/8-inch iron rod with cap stamped "AECOM" found for corner;
THENCE, South 64°05'21" West, a distance of 228.85 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for the beginning of a non-tangent curve to the left;
THENCE, northwesterly, 21.43 feet along the arc of said curve to the left (Central Angle = 84°40'04"; Radius = 14.50 feet; Chord Bearing and Distance = North 59°49'37" West, 19.53 feet) a 5/8-inch iron rod with cap stamped "AECOM" found for a point of tangency;
THENCE, South 77°50'21" West, a distance of 14.72 feet to a 5/8-inch iron rod with cap stamped "AECOM" found for the beginning of a tangent curve to the left;
THENCE, southwesterly, 15.34 feet along the arc of said curve to the left (Central Angle = 35°52'35"; Radius = 24.50 feet; Chord Bearing and Distance = South 59°54'03" West, 15.09 feet) a 5/8-inch iron rod with cap stamped "AECOM" found for the most southerly southwest corner of the herein described tract and being in the easterly right-of-way line of said Commercial Center Boulevard, and being the beginning of a non-tangent curve to the left;
THENCE, northwesterly, 135.65 feet along the easterly right-of-way line of said Commercial Center Boulevard and along the arc of said curve to the left (Central Angle = 12°57'14"; Radius = 600.00 feet; Chord Bearing and Distance = North 16°26'02" West, 135.37 feet) to the POINT OF BEGINNING, containing within its bounds a computed area of 4.448 acres (193,750 square feet) of land.
Prepared by:
SURVCON a division of McKim & Creed, Inc.
5757 Woodway, 101 West
Houston, Texas 77057
(713) 780-4123
Job No. 06180-0003
March 26, 2012
J:\AECOM SUBDIVISIONS\CINCO\LaCenterra Bndy\3.0 Refer Docs\4_448acMB.doc
EXHIBIT "C"
LANDLORD'S AND TENANT'S WORK
Tenant Coordination
It is the purpose of the tenant coordination team to facilitate the entire process as each tenant performs Tenant's Work, prepares the Leased Premises to open for business and to assure that the Leased Premises are architecturally compatible and of the same design quality as the project as a whole. Your sole point of contact for Tenant's Work and Landlord's Work on the Leased Premises shall be Dana Garnett of Vista Equities Group, Inc., whose contact information is provided in Exhibit "E" of this Lease. (Landlord may from time to time appoint a different liaison.) Dana Garnett is the sole liaison between Landlord and Tenant's architect, engineers, and contractors. She will also serve as the liaison between Tenant and the Cinco Ranch Architectural Review Committee. Your plans must be submitted to Dana Garnett for all forms of approval. Do not submit your plans directly to the Cinco Ranch Architectural Review Committee.