Exhibit 10.1
UNITED STATES
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
HISTORIC PROPERTY LEASE
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HASLETT WAREHOUSE
at
SAN FRANCISCO MARITIME NATIONAL HISTORIC PARK
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HISTORIC LEASE NO. HL-SAFR001-98
Dated October 16, 2000
TABLE OF CONTENTS
Page
1. DEFINITIONS
2
2. LEASE OF THE PREMISES
17
3. ACCEPTANCE OF THE PREMISES
24
4. TERM
26
5. ANNUAL RENTAL, ONE TIME PAYMENTS, OTHER OBLIGATIONS TO LESSOR
26
6. IMPOSITIONS
33
7. AUDIT AND RECORDS
34
8. NET LEASE; NO COUNTERCLAIM OR ABATEMENT
36
9. LESSOR NOT OBLIGATED TO PAY LESSEE EXPENSES
37
10. USE OF THE PREMISES
37
11. LIMITATION ON EFFECT OF APPROVALS
39
12. CONSTRUCTION AND INSTALLATION APPROVAL
39
13. DESIGN OF LESSEE IMPROVEMENTS, ALTERATIONS AND PRESERVATION MAINTENANCE
40
14. SUBMISSION OF EVIDENCE OF FINANCING; CLOSING OF FINANCING
43
15. CONSTRUCTION OF IMPROVEMENTS AND ALTERATIONS AND PRESERVATION MAINTENANCE
46
16. PERMITS AND APPROVALS
49
17. EXCAVATION, SITE, AND GROUND DISTURBANCE
51
18. OWNERSHIP OF IMPROVEMENTS
51
19. BUILDING MAINTENANCE AND PRESERVATION MAINTENANCE
52
20. UTILITIES
54
21. COMPLIANCE WITH APPLICABLE LAWS; NEPA; NHPA
54
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TABLE OF CONTENTS
(continued)
Page
22. HAZARDOUS MATERIALS
55
23. INSURANCE
59
24. DAMAGE OR DESTRUCTION
68
25. INDEMNITY
72
26. LIENS
73
27. TRANSFER AND SUBLETTING
74
28. LEASEHOLD MORTGAGES
77
29. TRANSFER BY LESSOR
90
30. RIGHT TO ESTOPPEL CERTIFICATES
91
31. DEFAULTS
91
32. REMEDIES
92
33. ALTERNATIVE DISPUTE RESOLUTION
95
34. SURRENDER AND VACATE THE PREMISES
97
35. HOLDING OVER
98
36. REPRESENTATIONS AND WARRANTIES OF LESSEE
98
37. REPRESENTATIONS AND WARRANTIES OF LESSOR
99
38. COMPLIANCE WITH FEDERAL EQUAL OPPORTUNITY LAWS
99
39. NOTICES
99
40. LESSOR'S RIGHT TO EXHIBIT THE PREMISES
100
41. NO PARTNERSHIP OR JOINT VENTURE
101
42. ANTI-DEFICIENCY ACT
101
43. GENERAL PROVISIONS
101
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TABLE OF CONTENTS
(continued)
EXHIBITS
EXHIBIT A - PREMISES
EXHIBIT B - RETAINED SPACE
EXHIBIT C - OFFICE SPACE
EXHIBIT D - RESTAURANT SPACE
EXHIBIT E - RETAIL SPACE
EXHIBIT F - TRADE FIXTURES
EXHIBIT G - SCHEDULE OF PERFORMANCE
EXHIBIT H - PRELIMINARY SCHEMATIC PLANS FOR, AND DESCRIPTION OF, THE INITIAL
LESSEE IMPROVEMENTS
EXHIBIT I - VAULT
EXHIBIT J - RETAINED SPACE RESTROOMS AND DRINKING FOUNTAINS
EXHIBIT K - STREET ENCROACHMENT AGREEMENT
EXHIBIT L - LIST OF REPORTS AND STUDIES IDENTIFYING HISTORIC ELEMENTS
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Haslett Warehouse
HL-SAF001-99
PAGE 1
HISTORIC LEASE
THIS LEASE is made and entered into effective as of October 16, 2000, by and
between the United States Department of the Interior, National Park Service
acting through the Regional Director, Pacific West Region, an agency of the
United States of America ("Lessor") and Maritime Hotel Associates, L.P., a
California limited partnership whose General Partner is Hyde Street Hospitality,
Inc a wholly-owned subsidiary of the Kimpton Hotel & Restaurant Group, Inc, a
California corporation ("Lessee").
RECITALS
WHEREAS, the San Francisco Maritime National Historical Park is administered by
the Secretary of the Department of the Interior ("Secretary") through the
National Park Service ("Lessor") pursuant to the National Park Service Organic
Act, 16 U.S.C. Sections 1