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22. (a) Promptly after the execution , -f, Lessor shall proceed atEASre'=Wi{1_the_-";truction of improvements on said
<br /> premises in accordance with plans and sl rations to be furnished by Lessee and submitted -ssor for approval, which approval
<br /> shall not be unreasonably delayed or wi. d. Should any revision and/or correction be i red by Lessor, such revision or
<br /> correction shall be submitted to Lessee's Akron, Ohio office within ten (10) days after receipt of said plans and specifications by
<br /> Lessor and, upon approval by Lessee, shall be incorporated in said plans and specifications. Each party shall thereupon approve said
<br /> plans and specifications. Within twenty (20) days after such approval, Lessor shall request not less than three (3) bids from qualified
<br /> bidders. Lessee may, but shall not be required to, obtain additional bids. Such bids shall be opened at a preestablished time, place and
<br /> date, and Lessor shall give Lessee's Architectural Division in Akron, Ohio at least seven (7) days' prior written notice thereof so that
<br /> Lessee may attend if it elects so to do.Lessor shall award the construction contract to the lowest responsible bidder at a cost not to ex-
<br /> ceed that authorized in writing by Lessee's Architectural Division and shall thereafter proceed promptly with construction in accordance
<br /> with said written authorization.The parties hereto estimate that the cost of constructing said improvements,plus the cost of a topographi-
<br /> cal survey and soil tests,as authorized and requested by Lessee in writing, and any cost incurred by Lessor at Lessee's written request in
<br /> preparation of plans and specifications will not exceed an aggregate of$ 135#000.00 - In the event Lessee elects to cause the plans
<br /> and specifications to be prepared by an Architect other than the Lessee's Architectural Department, Lessee shall pay the cost thereof and,
<br /> upon billing therefor to Lessor, the latter will promptly reimburse Lessee for the cost of such architectural services. Such reimbursed
<br /> amount shall be included as a part of the aggregate construction costs. If, within thirty (30) days after the date fixed for the taking
<br /> of bids, Lessor shall determine that it is unable to perform such work for such estimated amount or less, and Lessee is also unable to
<br /> perform such work for such estimated amount, then Lessee may elect by notice in writinto Lessor within sixty (60) days after such
<br /> date either to: (1) pay the excess construction cost over and above said estimate, or (2� revise the plans and specifications so that
<br /> the contemplated improvements may be constructed for that amount, or (3) require Lessor to provide the additional funds necessary
<br /> to meet such excess construction cost, but subject to reimbursement by increase in rental payable hereunder in accordance with
<br /> the provisions of Paragraph 22(b) hereof. In the absence of any such election, either Lessor or Lessee may cancel this lease by notice
<br /> in writing to the other, whereupon both parties shall be relieved of all liability hereunder. In the event that Lessee shall elect to
<br /> cancel this lease according to the foregoing, Lessee shall upon billing therefor reimburse Lessor for its out-of-pocket expense in ob-
<br /> taining a topographical survey and making soil tests, to the extent such expenditures were requested in writing by Lessee.
<br /> Lessor shall cause the construction work to be performed in a good y.+orkmanlike manner and will fully complete the same in accordance
<br /> with all approved plans and specifications on or before May 1 - - 19 (_�!; with due allowance, however, for
<br /> strikes, acts of God or other unavoidable contingencies beyond the control of Lessor. If the improvements shall not have been com-
<br /> pleted on or before such date, plus the amount of any delay (but not more than ninety (90) days) attributable to any of said con-
<br /> tingencies, then Lessee shall have the right to cancel this lease by giving to Lessor not less than ten (I0) days' prior written notice
<br /> of its intention so to do and Lessee shat; thereupon be relieved of all liability hereunder. LESSOR SHAT.T. ADVISE LESSEE IN
<br /> WRITING AT LEAST TEN (10) DAYS PRIOR TO THE DATE SUCH IMPROVEMENTS SHALL BE COMPLETED AND
<br /> ART READY FOR OCCUPANCY. The Parties hereto understand that Lessor and Lessee may from time to time prior to such
<br /> completion agree in writing to certain modifications, and/or change,. in the aforesaid plans and specifications. All such modifications
<br /> and/or changes shall be made by and at the expense of Lessor,and the cost thereof shall be included as a part of the aggregate Construc-
<br /> tion costs.
<br /> THE TERM of this lease and the payment of rental hereunder61.9
<br /> h I begin on the first day of the calendar month following thr
<br /> date of such completion and continue for a period of Fifteen (1years thereafter.
<br /> (b) Promptly after the completion of the above referred to improvements, Lessor upon request by Lessee shall furnish to Lessee
<br /> a complete summary of the aggregate cost thereof, and such cost shall be subject to audit by Lessee's authorized representative. If such
<br /> cost shall be more or less than the estimated cost set forth above, then the monthly rental above provided shall be increased
<br /> or decreased accordingly, retroactive to the beginning of the term hereof, by 1/12th of 10 `/o of the difference.
<br /> (e) To enable Lessee to accelerate its opening date, Lessee may, with the permission of the contractor and at Lessee's sole risk,
<br /> enter into the premises prior to completion and make such installations as it deems desirable for the operation of its business provided,
<br /> however, that such entry and installing shall be done in such manner as not to interfere with the construction of the improvements_
<br /> Notwithstanding such entry and installing, the term shah begin and rent shall be payable as set forth in (a) above, but neither the
<br /> beginning of the term and payment of rental hereunder nor Lessee's occupancy of the demised premises shall preclude Lessee from
<br /> requiring Lessor to correct defects in the construction work arising out of Lessor's failure to comply with plans and specifications.
<br /> 23. All real property_situated within a portion of Section 1, T.311.-R.6s., M.D.B..k.*i.,
<br /> County of San Joaquin, :lute of California and also beim; within a portion of Lots 5 and
<br /> 60 Block �5, City of Lodi (formerly Mokelumne), filed for r:;cord in Book of Haps and Plats,
<br /> Vol. 2, Pape 12, San Joaquin County RZecords and more particularly described as followst
<br /> B:Glr-,i1'NG at the northeast corner of said Lots 5, thpnce Sout'n 40 151 :lest 78.35 feet along
<br /> the Easterly line of. said Lot 5 to *,he Northerly corner of that certain paracl of land
<br /> described in deed to the City of Lodi, recorded in 3ook of Official Records, Vol. 2M,
<br /> Pg. 16, San Joaquin County "ecords; thence alon- the westerly litre of said parcel of land
<br /> the followinr* two (2) cotlrsest (1) South 60 511 'lest 44.24 Scat and (2) Southeasterly
<br /> aloe_ ■ curve to the right, said curve having a radius of 20 feet, a central angle of
<br /> 300 001, an are 1en3th of 27.93 feat and a chord bearin7 South 46 511 iVlest 25.71 feet
<br /> to a point lying 25.00 feet North of, rtenst'rad perpendicular to, the South line of said
<br /> Section 1, said point also beinr; on the northerly llne of Lodi Ave.3 thence South 860
<br /> 511 '-lest 142.23 feet parallel ttith thi: South lira of said Section 1 and along the northerly
<br /> line of said Lodi Ave. to the 'riasterly line of said Lot 6, thence 'north 40 15' �ast
<br /> 159.80 feet alone; the 'Jeaterly lino of said Lot 6 to the Northwrsst corner thareofj th«ince
<br /> South 850 45' -ast 160.50 feat along the Northerly line of said Lots 6 and 5 to the point
<br /> of beginning, containing 23#834 square feet, more or less.
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