Letter of intent. LETTER OF INTENT FOR BUILD TO SUIT LEASE LESSOR: _________, Ltd./_________ Corp. LESSEE: _________ Corporation BUILDING STRUCTURE: Pre Cast Concrete/Structural Steel Frame, One Story, 28¢ Clear Height OFFICE EXTERIOR: Brick/Glass Curtain Wall, One Story OFFICE INTERIOR: Class "A" Building Standard, per spec FLOOR SLAB: 7inch1; 4,000 psi unreinforced concrete floor slab throughout the distribution facility Phase I & Phase II ROOF: Mechanically fastened R 12 insulation, 15 year warranty, EPDM System HVAC SYSTEM: Office: A/C & Gas Heat Systems Distribution: Ventilated Fans & Gas Heat, Smoke Evacuation Systems CLEAR HEIGHT: 28¢ AUTO PARKING: 206 spaces TRAILER PARKING: 38 spaces TRUCK DOCKS: 42 Total 8¢ × 10¢/1 Total 14inch1; × 12¢ LEASE TERM: 10 years (triple net) GROSS BUILDING AREA: Initial Quotation 320,000 square feet Phase I 123,125 square feet Phase II 443,125 square feet Total
GROSS BUILDING AREA: Revised Phase I Distribution: 300,000 s.f. Configuration: 35,000 s.f. Distr/Office: 5,000 s.f. Main Office: 20,000 s.f. 360,000 s.f. Revised Phase II
Distribution: 85,625 s.f. TOTAL: 445,625 s.f.
SITE AREA: 16.74 Acres (+/) LEASE RATE: Initial Quotation 10 Year Revised Quotation 10 Year
Term
Rate/SF
Term
Rate/SF
Yrs. 1–5 Yrs. 6–10
$2.85 $3.06
Yrs. 1–5 Yrs. 6–10
$2.78 $3.05
Optional Renewal Yrs. 11–15 $3.49 Average Lease Rate Years 1–10 = $2.95 Yrs. 11–15 $3.48 Average Lease Rate Years 1–5 = $2.69
Note: Includes front end free rent prior to August 1, _________. EXPANSION SCENARIOS/COSTS/RATES I. EXPANSION OPTION ONE PROJECT PHASE II (To expand adjacent to Phase I facility) TOTAL SQUARE FOOTAGE: 85,625 S.F. PROJECT COST OF CONSTRUCTION: A) B) C) Concurrent 3–9 Months 9–24 Months $2.78 PSF $2.82 PSF $2.86 PSF
II. EXPANSION OPTION TWO PROJECT PHASE III (J.B. Hunt tract adjacent to Phase I) TOTAL SQUARE FOOTAGE: PROBABLE TIMING: 210,000 S.F. 12–24 Months
COST OF LAND ACQUISITION: PROBABLE COST OF DEMOLITION OF EXISTING CONSTRUCTION: 210,000 SF OF FREE STANDING DISTRIBUTION/OFFICE FACILITY TILT UP STRUCTURAL STEEL:
$720,000
$90,000
$3,885,000/$18.50 PSF
PHASE II EXPANSION LEASE RATE PER S.F.: Yrs. 1–5 12–24 Months $3.36 24–36 Months $3.40 36–48 Months $3.44
PHASE II EXPANSION LEASE RATE PER S.F.: Yrs. 6–10 $3.57 Yrs. 11–15 $4.07
III. EXPANSION OPTION THREE PROJECT PHASE IV (Nike tract) TOTAL SQUARE FOOTAGE: PROBABLE TIMING: PROBABLE COST OF LAND ACQUISITION: PROBABLE COST OF CONSTRUCTION: 290,000 S.F. 24–54 Months $780,000 $5,437,500/$18.75 PSF
LEASE RATE: Yrs. 1–5 $3.12 Yrs. 6–10 $3.33 Yrs. 11–15 $3.73
24–48 Months
LEASE
TYPE: Triple net where _________ Constructors will provide a standard 1 year warranty for all construction performed on the project. Further, _________ Constructors will issue an additional warranty limited to the structure, foundation, concrete slab, structural frame, roof deck (metal), and all exterior walls for a period of 24 months from the date of occupancy. No warranty, real or implied, by Contractor or Owner will be in force past the 24th month of occupancy. The warranty shall survive any sale of the facility to the third party. The User shall be responsible for all Taxes, Insurance, Building Maintenance, and Common Area Maintenance/Landscaping on the property for the entire term of the Lease. PURCHASE OPTION: Lessor grants to Lessee a Right to Purchase for the fixed price of $10,050,000 upon completion of Phase I of the Project. Lessor grants an additional Right to Purchase Phase I of the Project at the end of year 5 for $10,900,000. In the event, Lessee does not exercise its Right to Purchase Phase I of the Project at the end of the first 5 year term of the Lease, Lessee agrees to extend the primary term of the Lease to include years 11–15 renewal option period. ALTERNATIVE OPTION TO PURCHASE: Lessor agrees to grant to Lessee an ongoing Right of First Refusal to Purchase the Premises based on the same terms and conditions of a bonafide offer, as may be presented to Lessor by Lessee. LEASE COMMENCEMENT: Assuming Landlords receipt of Binding Letter of Intent by February 2, _________, and very timely approval of the plans and specifications by your firm, with Design and Construction to begin February 4, _________. Beneficial incremental occupancy shall take place May 31, _________(Phase I). Actual Lease Commencement to take place the latter of August 1, _________, or the first day of the month following Lessor's receipt of permanent building certificate of occupancy. Lessee may occupy the Lease premises in whole or in part prior to actual Lease Commencement at no charge. All other terms and conditions of the to be executed Lease Agreement shall remain in full force and effect. COST BARTERING OF MATERIALS FOR CONSTRUCTION: The Lessee desires to investigate and utilize as feasible the barter of materials and/or services provided by the Lessee, to defer actual costs of materials incorporated by the Lessor into the building's construction. The Lessor or designated agent will provide a schedule of items applicable to this procurement method. No construction time delay, real or implied, will occur as a result of any bartering by or on behalf of the Lessee. Lessor reserves the right to approve the incorporation of any materials into the Project. ASSUMPTIONS: We have made numerous assumptions based on the original requests of the _________ Corporation. Should there be any additional improvements or other criteria which significantly increase or decrease the total project cost, we respectfully request the opportunity to modify the aforementioned Lease Schedule accordingly, subject to final approval by the _________ Corporation and _________ Corp. The above mentioned Lease Schedule is contingent upon first approve by the _________'s Lender(s) of choice and assumes the Lease Agreement to be Corporately Guaranteed by the _________ Corporation. AGREED: [signatures]