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261941 WH17E — CITV CLERK 1 �� PINY_ —�FINANCE COIIIICll y BLUERY=MnEPA�R�TMENT GITY OF SAINT PAITL File NO. � � ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date . RESOLVED� That the Council of the City of Saint Paul does hereby approve Lease Agreement between the City and Jack N. Geller� Lillian D. Geller, Joseph Geller and Elaine Geller, leasing the entire second floor of the Grace Building, located at the South- west corner of Wabasha. Street and Seventh Street in the City of Saint Paul for a two-year term commencing September 1, 1973 and termina.ting August 31, 1975, for office purposes and activities carried on by the Planning Board and staff of the City of Saint Paul, and termina.ting the previous existing Lease Agreement between the City and the same parties for the third floor of the Grace Building which was approved by previous Council Resolution C. F. 260560, and, further, giving credit to the City of Saint Paul as a credit against the first two-months' rent of the new lease the sum of $7,000.00 for the City' s lease-hold improvements on the third floor, and, further, providing that the City will pay one- ha.lf of the total cost of painting the second floor; and the proper City officers are authorized and directed to execute the said Lease Agreement on beha.lf of the City of Saint Paul. COUIVCILMEN Requested by Department of: Yeas Nays I�c Butler Konopatzki In Favor Levine J Meredith Against BY x�c Roedler Tedesco Mme.President �r Aunt p y AUG � I �g��_ Form Approved by ty t rn y Ado ted b Council: Date Certifie 'd by Cou ' Se y BY By Appro by Max, : Date - Approved May for Submission t�o Council ��.� r By BY p�g�� 2 73 t ' � - ��i �� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY August 16, 1973 R. SCOTT DAVIES �y'� ! �, c?-�.' � Mr. Frank Marzitelli �-�� '-�� City Administrator �,� �p�k ��{ 1 City of Saint Paul C7` ` "- ` ,= � � Building (�� ;;;�-� _ � ''�� 2 l� ! ,., � , �, " •1 'V,7♦ Dear Mr. Ma.rzitelli: � �� f�^��,.,,, �•��'� �` �, ��n;f��)r � � �.. �„�r;� �. ,;�, �. Enclosed please find resolutiori a4��,%-,two;-�o" ' es of Lease Agreement between the City and the��e�.�er"s for the second floor at the Grace Building and termina.ting the Lease Agreement between the City and the Gellers for the third f loor of the Grace Bui lding. If this is satis- factory to you and to the Mayor, please have the resolu- tion presented to the City Council for approval and adopted and thereafter the Lease Agreement ma.y be routed for signa.ture by the City officers and returned to the , � Gellers for their execution. If you have any questions or if there is anything further that we may do, please call me. Very��truly o�, � � JEROM� J: SE A � Assi �ant C' Attorney JJS:er Encl. 2 City Hall, Saint Paul, Minnesota 55102 61 Z 298-5121 . �� 2�1�� .� . . ��a�i .J�� made in duplicaSe�E�s......3Oth...........:... .day of ..;.July _..... ... ,. _...., 19'1..3.-:-- '. by and bet�veen J�CI{ 1V. GELL�R arid LILLIAN D. GELi�ER, his ;fltife, and JOSEPH Ps�� GELLER and ELAINE GELLE�, his wife hereinafter designated and referred to as lessor, and CTTY OF SAINT PAUL hereinaEter designated and refecred to as tenant, �VtT;;ESS�Tx; TxAT said lessor in consideration of the rents and covenants hereinafter mentioned, to be paid and performed b}' said tenant, does hereby demise, lease and let unto the said tenant, and the said ter.ant does hereby hi.re and take from the said lessor, the iollo�ving described premises situate in the City of....:.........S.aint...P.aul............ ................... County of........Ra�':1&�.y................................................................State of....:.Minllesota .................. .................................................... co-�ti�it: The entire seco�d floor of the building known as the Giace Building b�hich building is situated at th� Southwest corner of tiaabasha 5�reet and S2vent�i Street. Drecri�cion a Premixe. To HnvE nxn �'o Hot.n the above premises just as they are, without any liability or obligation on the part of said Te�. lessor of making any alterations, improvements or repairs of any kind on or about said premises or the building qr �uiId- ings of which they are a part, or the equipment, fixtures, plumbing, appliances, or machinety in, upon or serving same, or the streets, aileys, areas, area-ways or passages adjoining or appurtenant thereto, for the term of tWO (2.) years from and after the .........lst...............day of....septexnber.............., 19.7.3...., tv the........3.lst...:..........day of..:....t��ugtt�5t.................:..:... ... 19..7.5.., both dates inclusive, for the following purposes and for no other purposes, to-wit: offiee pnrpases and activities normaily carried on in the offices of the Planning Board of the City of Saint Paul Nahue oee,�v��. And the said tenant agrees to and with said lessor to pay the lessor as rent for the above mentioned premises the R�, sum ofS.euexit.y..-E.ight..Thausand...S.euen...Hundred..Fif�.y.......�(gZ.8.�.7..5.0...0.4......) in monthly payments of Three Thousand Two Hundred �ighty—One and 25/].Ofl �•�� -��.�....•............................... Dollars ($3..,.2�1...25...,..), payable in advance on the first day of each and every month for and during the full term of this lease, at the office of..:I�essor...at...3�4...�akaasha...S:tr�e.t,...�.aint...Pau1, ...x'��.Zixl.e.s.v.t c�......................................................................................................................................................:...................................... The said tenant atso covenants and agrees with the lessor Sisas. Lessee shal! not erect or permit to be erected on said as follows: That the tenant will keep aY his own expense premises, any signs on the exterior of the premises or build- Tenaat said demised premises and the equipmenY, ptumbing, drains, ings without the written consent of lessor endorsed hereon btaintain fixtures, appliances and machinery in, upon, serving or nor piace or permit to be placed in any portion of any of the Su rneader appurtenant to said demised premises, in good repair and in demised premises any we�ght or weights in excess of the Pre:aixe Sood sanitary condition during said term, and that he will reasonable or safe carrying capacity of the structure. in Good replace at his own expense promptly any and all glass broken Order. in or about said premises �vith glass of the same quality; Cundicioa The tenant acknowtedges the receipt of the demised ptem- that he will make no alterations in or additions to said �f ises and the same to be in ry premises, wiinout first obtaining the lessor's written con- P�em�s�a. good and sanita condition, aad in good repair, and the taking possession of #he demised sent, and that he witl not use or permit anything npon said premises by the tanant shall be conclusive evidence that the premises that will increase the rate of insurance thereon, or demised premises, and the equipment, plvmbing, drains, fix- anything that may be dangerous to life or limb, and that he tures, agpt=.ances and machinery therein, were at the time of �cill not in any manner deface or injure said demised prem- so taking possession thereof in good, dean, sanitary attd ises, or any part thereof, or overioad the floors, or do or Rdra9e tenantable condition, and in ali zespects satisfactory and pas age ayshl a�ays,areasn a ea ways,dslde allks or streets Leaeor. 'acceptable to the tenant, and in the condition in wnich theq adjacent thereto, that wil! amount to or create a nuisance; �ere represented to the tenant to be and agreed to bz put in by the lessor; and the tenant hereby releasea the less�sr and that he witl not use said premises or permit the same from any and all claims arising irom any defect in the condi- or any part thereoi to be used for lodging or sleeping pur- tion of said demised premises, or the e ui ment, fixtures or poses, or for any purpose contrary to the laws, ordinances � P- or re ulations of the United States of America or ihe State appliances in or serving said p.emises, and the b�ilding or g buildings of whicn they are a part, and the streets, alleys, of.....................��n�.SCQt.3.........................., or the City of areas, area-ways, passag�s or sidewalks a3joining or • appurtenant thereto. ..............S.a�.x�.�...P..aul................................�r of any tules or regulations of ttie City or....S.aint...P.aul............................ Su� The tenant agrees Lhat he wiit not sublet the demised or of any boards or officers of said city; and the tenant agrees k.�iBg. Premises, or any part ther�of, and wiii not assign tnis lease to return said premises peaceably and prompily to the lessor or any interest th�rein, nor permit sucn lea;e to beto�e at tne end of the term of this lease, or at any p:evious termi- transferred by operation af law or otherwise, ar.d that no act nation thereof, in as good condition as the same are now in or or acts ,vill be done or suffered whereby the same rtia b may hereaiter be put in, loss by fire and ordir.ary wear ex- Y z �� become ssblet or assigned in whole or in part, unless the cepted. written consent of the lessor endorsed thereon shail be first And the tenant further covenants and agrees to L-�..s.►z obtained in each and every case �f uaderletting or ass:gn- ' � � - � - ment, as they shal! fro:*i ti:rse to Yime occur or �e desired, Iceand = :; , : and that nothing whatever shall be held to be � v ,�ver of •rrr-r�.»y.. --'--'.__ _- _ _. _„ ._�__.�:--�--- Scow. _ ^na or supersede the necessity of such endor;ement. . e+�+s 'i �+� Gi' ?rir ^�ir:i"'^�'r^'� ^ neither NSStC AOC � , n�u�� tiate , electricity, gas, steam, or any ofher utiliti?s Zc�{;''°'. , � An assi nmenk, sale in bankruo�c or ir.soh•enc• o: ; > to n��*�ptly 1pay la!!`nte51�co ts fa.rd�sctiarges t or tthe samz $ankruDtC9. IeSSCA ma�g at the option oi thA :e ser, he cc::�idere3 an e;c�-,:p: zs :� s�ch of ti:e sa:ne, if anp, as tt�e l�ssor has assignment nithin the meaniug oi this l�ase. a;ui •as a breacn sp•�::iacal:y agreed hercin to furni�h free of c�ar,3e. of the cuveaants her.oi ;'"��'''� The tenant iurther agrees that the lessor sha11 not b� . 'f tiable for I .L<s+or any damage, either to The iessor agrees that if tne prerni;es hereby leased shai �� • e;ty or the loss of property susta nednb r �ersons or prop- ai the ti.^.�e hereinbetare stipulated for t?�e beginning of thf �a""'� y y the 4enant, or by term oi f'�is iease, be in tne posses�jon and occupancy of ar.; • , an other person or persons due to the demised . :he bui!dings of �vhich the demised premises arepa mises or person not tawfully entitled to said possa;,ion and occvpancy, , the equipmenr� fixtures, ap liance p�� r the lessor shall use du . ti:e sa P s or machine e diii,�ence to obtain me, or the ha1(s, r`l in or u on posse�ston tnere- passages, areas, area-ivays �a�-yd',P.,, of for the lessee, but it is expressiy understooct and agreed �'�'�r'sF:�ctt� adjoining or appurtenant xo ihe same bein that the lessor, using due diligence as aforesaid shall not i� or beco:ning out of repair or defective, or due to the ha g any way be liabie for any faifure to obtain the possession of ing of any accident, or due to aa act or neglect ofpthe the premises for the lessee and that this lease shall not be tena;tt, o,- any tenar.t or occu y affected in any �,vay by any such Eailure to obtain go�session other person, persons or t�rpo.ationss or byi1thegbu stin aoi exce t ihat the rentals hereunder shatl be aliated ur.ti( p pos- PiPes, or by the use or mi;use of an g session s._ail be secured by the les�or for tne lessee aad writ- y in;trumentality or ten notice to tnat ef�ect given by t�:e lessor to the Izssee. agency in or connected with the demised premises or the blitl��n8 0£ tvhich it is a part, or occasioned by any nuisance $0�d It is understood and agreed with respect to ali a!terations mad: or su{�ered thereon or therein. A�am�t Labi!.� L�ea�, and repairs, irnprovements or alt,rations t� szid demiaed L�-�s�or °tT7 �am�S'es on account,of the matters�and things a ve Premises, or ac�y part chereof, �vhich shalI only be with the written cor.sent oi the lessar, that tenant shali ar_d �rili in Te�,nt. and rttier_toomn and to�n��n ty the lessor on cco S t tiie en each instance save said lessor ar.d said premises fore•rer harmless and free from al€ costs, dama3es, loss and liab:ti�; of. This pr ision shall apply especia!iy, but no xciusively, of every kind aad character which rr:ay be ciaime�f, asserted to samaqe ca ed by water � o: char ed inclu�in 1ia �• . u«'�r mains o; , sno�v, rain, }aail, ackin3 up of g S bility to au�acen, awners based c�pon ;esver;, f:ost, ;tcar,;, SA« the acts of nc-?i eace of said tenaats or :heir a er. �as. se.rer as, or � � 3z, illumir.atino � � g ts, cor.- S ors, e�ectrici,�; aad ectric car•rent, ynd tractors or emgloyees, or upor, the neg:i�er.ce of ar.y ather }�Y '.'�e bur;ting, stop,, oe or leakin Person or piu:ni�in � � PiPes or radiators, Per�ons in or abovi said premises o: upcn the :a:l- g, sinks and nx es ir, or ouk th� demised ure of any or e:tner of them to obser�-e and compty w;.h the i�es or the buildin,g of w 'ch demised pr�m requirement of ti:e taw �r with the regulations of the authori- P1�t. Ici case of such damag P�emtses are a repa�r such damage, and " s�� 1`"0r mar at his option ties in the said city of..................... th> demised premises o on acco dt of$the adefects rin�the Sa],nt Pdul .......................... and witl ....................... demised premises a�-� preserve and hold the lessor and sai3 premises for- � _st which th tenant has agreed t� ever free and cieaz frorn liens for labor and materia( fuc- mal:e repairs, the t ant shall fhereupo eimburse the lessor nished. And th� tenant agrees that it wi!! from tirae to time for the costs of r airing such damage, an 'f the tenant fails before making any such repairs, irnprovements .or atterations to perform an of the covenants or agreem ts herein pro- furnish the lessor lvith a bond in an amount and with sureties vided to be ept or performed by the tenant, t lessor may satisfactory to the lessor conditioned for the pecformance perfor�n � e same and charge the tenant wit�: the pense of bY the tenant of the matters and things in this paragraph such formance, and the tenant agrees promptly on �emand required to be done by the tenant. to .pay to the lessor the c9st of such . performance the It is fnriher agreed between the lessor and tenant this Nctice The tenant further covenants and agr�es thaY .the.secvice �ease is made uponPthobserveland perform any ofnthe covelj Cj� neg3ect or fail io kee � Premiae�. of notice by any offcer of the City of...�rJ,1I�:C,,,,Tx�„a�,l,�„ be kept,nobsgrv�d ortperformed by thehtenaate�or iflthe 1 ase� "'"�"""'"""""•°•°°°°^°•^•.•uPon either parYy !o this leasa to claaa hold interest of the tanant shall be t a k e n o n e x e c u t i o n o r said premises, or to d o a n y o t h e r a c t i n connection t herewith, o t i:er shall be conclusive evidecce as be#ween the parties hereto pg Process o f laPt orrinsol ent a eo dinl ottaw o� ifethe the breach by the ter.ant of the coveaant with respect to the be declared bankru tenant shaIi vacate said premises or abandon the same during non-pers'ormance of which by the tenant such notice has been Ris�t the term of this lease, then and in any of said cases tt�e served, aE lessor may immediately or at any time thereafter, and with- Retntry. out further notice or demand, enter into and upon said e=muy�dnpr�emises orttheloc upancyhthereof,t�shall tb�deemed ake �absolute ny Part thereof, in the name of the whole, and uuly served if left at the demised possession of the same fu;iy and absolutely, tenant. Prem:ses add;essed to the wit}ir�ut such :e-entry worki..g a forfeit�re of the rents to be pai�? and tke covenants to be periorrned by t5e lessee for T��'� The tenant furYher covenants aad agrees at its ovrn ex ense the fu?1 term oi this lease, and :r:a a G'¢a�' ? lease or ;ublet said premises, or an t the lessor's electior. .��;�,,q t� ob;eri�e and 1•;ee� al; regulations a:i�i re��uiremer.cs of the te:ms and conditions and for such rents aad for �uch Yime as ��,;,�;;,a3. • y part thereo[, on such ci.ry oi...........�ay��...Pau1..................................or o;her pub- the 1'ssor maq elect, and after crediting Yhe rent actua(ly lic auth�-;:ies in rorce at tha time of Ylie ta�:ing possession by �ubleaaing. �oilec;ed by the lessor from such reletting on the rentats the tenant of ihe demised premises or which may thereafter st�pulated to be paid vnder this lease by the tenant :rom be made regarding the condition aad conduct of said de- time to time, Collzct from the .enant any ba;ance remaining mised premises, zny part thereoi, � • � • dua from time to time on the rent reserved under this lease, �+x*z;.a. incIuding all builr;ing, fire, sanitary, pol;ce or�othe* charging to tha tenant such reasoaabie expeases as the lessor regulations. may exoend in puttin the Or the l�ssor may at his elett n�andl upon wrib en no tce� to Taking "' • Teraiaation =he tenant declare this lease forfeited and void, and may io- any part u r an � -• o: Pcblic Una y part of the imp:ove � w ich theren on re-ente: and take fuil and abso.uie the•y form a part, shau f reet or other Ub- u ax said p � possession of lic use, or shalI dur i P premises as the owner t h e r e o f, an d free from an ri ht stroyed h ,, ion of 4he ni3R t his lease be de- Baa kruptcy. pr claim of the tenant, or ar.y person or persons claim ng , public author�„ . this through ar under the tenant; and such election and re-entry �.• . . last mentiaaed snalt be and constitute an absolute bar to any g'��an It is #urther xgreed between the lessor and the tenar.t that r�Sht to enter by the tenant upen the nayment of all arrear- g� if 3uring th� term of this lease the demised premises or the aSes of rent and costs aftec a dispossesston under any suii improvements thereon shall be injured ot des::oyed by fire or process tor breach of any oi the covenants of this lease, or !he etemeats, or through any otner cause, so as to render and the cammencement by the Iessor of any action to recover the demised premises unfit for occupancy, or rnakes it im os_ possession of said premises aforesaid shall be deemed a suffi- P cient notice of election of said lessor to treat this lease as sible to conduct the business of the te.^ant thereon, or to such void and t�rminated, cvi*,hout the written no:ice above speci- an e:ctz�t that they cannot be repaired irith reasonable dili- Ser��e rvi*nir. thirty (30) days from the happening of such Sed, unless the res;or shall in writing, before beginniag such in;ur}�, Lhen the lessor may terminate this lease and the term Proceeutng, noti�y the tenant thaY after abtainin herein �emised from the date of such dama session the lessor wil( conYinue to look to the tenant forpthe ge or destruction, pertormance of t1:is lease and tviIl submit the a:d th� tenant shall immediately surrer.de: the demised premtses and all interest therein 2o t'r.e lessor, and the ten- the tena^t's account, in the manner as a�ove nravtded ises on ac' shall pay ren[ oaly to the time of sucn surrender; and in F',xt,rea case of any such destruction o; injury tne lessor may re-enter "d and � sonal and repossess the demised p:emises disr.harged of this lease, p oa�y or ma Property belongi:�g to said tenant, whic and may dispossess all parties then in Y ut into said demised premises, shall at al •r re possession thereof. But bound �cith 'en in favor of said Iessor, to be r es be i� the;demised premises can be restored within sixty days {60) 211 rents hereun and the fulfill;nent af thA •geable for davs :rom Y:ie happeniag of *,he injury thereto, and the ]essor her co•✓enants 8epair w;thin n:teen (15) days £rom th�e occurrence of such injury and agreements here contained, and ' �� elect� in y�riti¢g to so repair ar restore said premises withir. bY the tenant the lessof V in case of deiauit witho+ aotice remove ihe same A�"' sixcy (h4) ciays fram the happer.iag of 2he injury #hereto or any part af the same, in i�r� then this lease shaii aot end o* terminate nr, account of such �h�ose, and the Iessor ,h;,�' n''anner as the Iessor m.ay in�ury bv nre or etherwise, but the rent shall aot run o: '�'''e r=Sht to se11 al! or any part of the same at lic or priva;. szle, �vi!hout a�crve after th� injury an� du;ing tne process of r�pairs, aad any not;ce to th .nant oY such sale, an g�`�in'� upt t�t'the tim� ivhen th� reoairs shal! be cor;ple„d, except ceeds of suc ale first to the payment of thea��t} the pro- on.;� ia, t��,, tenant s72?1 du:ing snch time �,ay a pro raYa sts and ex- portion ci such rent appertioned to ihe pertion of .he de- Pznses conducting said sale aad carir.g ior a mised premises which are in condition fo* occupancy os suc roperYy, aad to appIy the balar,c�, ;� �n storing svhich rr:ay De aetually oecuQied auri.^.g such re airin ' • . _ _ Y, to the an n� Ii, 'r.oa�etier, .he dernised premisNs shall be o s!ight�ly zOn- �dvance jcred 'o; ar.y cause afaresaid; as not to 6e rendered unfit ior ��T�es. ' - � , oecupaacy, tnen the lessor shall repair the same wi;h reason- the ._ �; paid by the lessor upon tne pro er ;�e abiN gromotr.e�s, anu in tnat case the rent shali not ceasa �vithin lea ;:rP�'s;es ace a , p tY oi K•h� par., shai. in any Y pr or be gb3C�� CItAi.ng such repairing period. AIl improvements dur;ng the te oi thi; leaae be increase Yeara cr i,e±,e,r��r.,s p!a�ed by the tenant on the c?emised prernises '�� az� aooce shaii, ho,ti-ev?r, in any event, e;e rcpai;ed and reptaced by the the sum of.................... • ....... .............. tenar:t .i� .��; own expense and r.o: at the expense of the lessoc """'"""'••°•••� ••••.•.De;fars Tr �2S59f 3�7YZes ar,d cover.an's that the tenan?, on payin� ....................................... ............ ..... r.�,airt tn r n>. 2nd pec:arming tha covenants aforesa;d, sna?! and (�........................ .............................,....... ._,'rc'�' : 3 � 1� abl ..�d quietly nave, ho11 and en cy f'tiP .:...... ) annuall,, ther. ; � +e� �. ) sail de- as part nF � ,, ar.nuul r ""��l P�r :*�� c ' nreii .., zor the t�rm aioresaid, eccept as in ihi� ?zase ental of ;aid p= ,'s t. yea;: ',t addiiior, to ``� yz'� �� o r.�., ,�e pre�ided: .. _. .- che amo�nt :�.re.noe;or� n,,:. d, ar . . . . . . . . . .. . .. . . . t � 1 � * � �� . e ot taxes in any- yea; or yPars ' �e added � �, a: th +,me of re1 .•ql, nt on or n er the date when � , �.�,��.� u,_r,,,it� rn• io:s of ;ite c�±sto, ;co�nt begins to accrue for �,� ' ".�`n-pa�:men! of s� ^ •es. If the yc� ' xes are payab:e � in ;c�•o o- ^ „ �n;tallments, then th.e amounts added � It is ;urd:�r agree3 between the parties to this leasz: � See paragraphs 1 througn 10 attachzd hereto and made a part hereof. j �------, ABDITI��IAL PARAGR1�P�iS 1 THROUG�I 10 ATTACHED TO AND MADE A PAP.T OF THAT CER�'��T:v L��SE AGREEP��E1`dT ENTERED INTO UNDER DATE OF JL'LY 30 , 1973 ; BY ANI3 �:��y^,EE'.i J;-�CK N. GELLER AND LILLIt�'V D. GELLER, HIS i�1IFE, AT1D JOSEPE3 GELLER �,�;iD �:�,';Z';:=; GELLER, HIS ��TIFE, AS LESSOR AND CITY QF SAINT P?�,UL, AS TENANT: �. '�h� Lessor �grees to heat th� leased premises at its own cost and e:�pense. Tenant agrees to pay for and provide to or far the leased pr��:isAs at i�ts ocan expense any and all other utilities , including by way of exar�pie and not limitation, gas , water, steam and electricity. Tenant� shall prc�vide at its own cost and expense any janitorial services neeessary to maintain the leased premises as well as the main Zobby of the first floar of the building of whi�h the leased premises are a part and the stairways from such first floor to the second floor of said building. 2 . The Tenant aqraes to pay the costs of power and/or utilities incurrec� in aperating the air-conditioning or air cooling system serving ths leased premises. : 3. It is una�rstood that the rental herein has been computed on the basis of $3.15 per square foot per year based on a leased premises con- sisting of a�proximately 12 ,500 square feet. 4. It is understood and agreed that effective as of August 31, 1973 , that certain Lease Agreement entered into in writing as of January 8 , 1973 , by and between the Lessor and Tenant cov�ring ap?roximately 7 ,230 square fae�c o£ space on the third floor of said Grace Building shall be deemed ��rminated. Lessor agrees to g�v� to Tenant for its leasehold improvements u�on said third floar a credit against its rental obligation hereunder in the �o�al suri of Seven Thousand Dollars ($7 ,00O .O�J) . Sai� sum af Seven Thousand Dolla?"s ($7 ,000 .00) shall be apglied as a credit against or reduc- tion of the monthly rental payments due hereuncier during the first two r��onths of the leas� term. 5. The Lessor agrees ta paint the interior of the entixe leased premises provided, however, that the Tenant sha11 pa� one-half of the total cost o= sLCh painting. Tenant's share of such painting expense shall be paid to Lessor on or before January 15 , i974. 6 . Lessor agrees to maintain and pay far all necessary repairs to the �xt�rior and structural pr�rtions af the building of �•rhich the leased premises are a part which are not made necessary by the negligence of the Tenant or by any unusual use of the leased premises by the Tenant. Lessox ag�e�s at its ocon cost and expanse to clean the exterior of the windows u�on t*�� leased premises at such times as may be reasonable under the cir- cums�.ances . 7 . If at any tirle during the ter. oi tnis lease agreement or any �xt�nsion tnereof the leased premises or any part thereo� Qr any part of tne ira��ovements of wnich they foz-r.i a part shall be taken or acquired by co,��°mnat�on or by the exercise of the right of er.iinent clomain, or s�ial� during �h° continuance of this lease be destroye� b�r the action of the p�ablic or governmental au�horiti�s or shall be solc: to a governr.tental autnor�.ty uncler the threat of or in lieu of condemnation proceedings , then, anc7. ii: any of such ev�nts , at the ap�ion of th� L�ssor, this lease aru th� �:°rm d�mis°d sha11 the�Qupon terminate and no further rent shall be payabi� her�under for tn° p°riad after the date of such terr.�ination. 1�ny anr'� al1 �:onies an�/or daz;�ages a��arded on account of or by� reason of such ta.:in,� shall be the sole proper�y of and shall be paid to t�� Lessor. i � , . , ,�,��,�� 4 � 8 . Tenant ma1 at its own cost and exnense rer^�odei the interior of the lea�eci p.remises so tnat they wi11 be in a first-class , neat and clean concli- tion, including the installation of partitions th�reon. All o� such re��.�odeling shall be done by Tenant in a good and �aorkmanlike manner, free �nd ciear af alI liens for l�bor and materials furnished or suppliec; by r�=s��n thereof. Tenant m�y go upon the leased premises upan execut?an of �:�is l�ase agreement and pr�or to th� commencem�ent of the lease ter::t for �:s� ��ri osa of making saici improvemer�ts. 9 . �.xcept as herein in paraqrap'ns 5 and 6 specificall_y proviaed, the �en�nt shall �ake the leased premis�s "as is" ancl there shall be nQ obliga- tir�n on the part of t:�e Lessor to mak� any alterations , improvements or rypa�rs of any �tind on or about saicl leased prer.lises or the building of sa�icn they are a part, or on or to the equipment, fixtures , plur.tbing , wiring, appliances , or machinery in, upon, or serving the same. 10 . If the leased premises are xeady for the Tenant's occupancy prior to S�ptember 1, 1973 , the Tenant may comrtence its occupancy of such pre- mis�s prior ta sucn clate of September . l, 1973 . In such event said Lease Agreement of January 8 , 1973 , covering a portion of tize tnird floor of saiu Grace Building shall be cieem,ec� terminated effective as af the �ate of �h� com,mzncernent of occupancy by the Tenant of said second floor leased premises hereinabove desc�cibed. In such event the Tenant shall pay rental for such leased pr�m,ises for the period prior to September 1, 1973 , at the rat� �f $3 ,281.25 per rlonth. i . . , , , � �� ' `� '� � � . . _ . �4. VA . I.esv�ce, a�on leaving the premises hereby leased, shall at RiRhe of The lessor shall at alt times hav� the right to enter upon h;s csvn erpense remoce all ashes, dirt, rubbish and refuse, Entry. said premises to inspect their eondition, and at his election and Lpon ,essee's iailure so to do, ressor may immediately to make reasonable ar.d necessary repairs thereon for the ; w:tnout further notice to lessee do the same at lessee's ex- protection and presen�ation thereof, but nothing herein shall � ge�ise, ivhich the lessee shail immediately pay upon receipt of oe construed to reqvire the tessor to inake Such repairs, and ' a bill for same from lessor, the lessor shall not be liable to the tenanY, or any other per- Nohce The tenant furth�r a rees to son or persons, for failure or delay in making said repairs, ; oF S give the lessor wrikten notice or for damage or injury to person or Vacaacp. titirty (30) days before the expiration of this lease of his property caused in or RiRht�oi intention to vacate at the end of this lease othenvise the bY the making of such repairs, or the doing of such work. ks�ar iessor will na��e the option of continuing this lease for one The lessor shall have the right during the last 34 days o; the to ear from and after the ex iration of this lease without notice term of this lease to piace and maintain on the demised Termiaa!a S� p premises and in the windosvs thereof the usual notice of to the tenant. If, however, the lessor does not elect to To Let" or "To Rent;' and to show said premises to pro- ; so continue this lease and the tenant remains in said prem- spective tenants. ± ises after the expirxtion of the term of this lease, such re- i maining in possession shall not, except at the option of the Heirsand Each of the covenants, provisions, terms and agreements � iessor, extend the term of this lease, and the tenant shall �ceers. of this lease shali inure ta the benefit of and shall be obliga- ' promptly vacate said premises; and if for any reason the ten- tory upon the respective heirc, executors, administrators, suc- � ant does not promptly vacate the premises at the end of the cessors and assigns of the lessor and tenan*, respectively. I 4ern, th� tenant -grees to pay the lessor, for such time as elapses oetween the end oi the term of this lease and the ...................................................................`.................................................., ' time �vnen the tenant actually vacates the premises, a pro respec � representation, warranty or erein s rata rental equal to one an3 one-half (1/) times the rent contained, and sha ' an�� ,ed liable to lessor i procided to be paid during the term of the lease. or to lessee for the f o . 'llment of any of the The tenant-ag-ee� tha: no assent, express or implizd, by terms or ns of this lease or iur any a ,` . roceed- the lessor ,o any breach oE any of the tenant's covenants or `� " ' � � - ' agreements shall be ilee:ned or taken to be a waiver of any There are no understandings or agreements outside of this ; succeeding breach af such covenant. lease. � � � � � � � Ih TESTIhiONY WHEREOF thC lessor and tenant have hereunto set their hands an;l seals the day and }�ear first ti��ritten We, tne tenant, hereby acknowledge that at the time of making and deli�•ery oE this iease and mortgage lien, the Lessor delivered to us a full, true and complete cop}� of same. ! Signed, sealed and delivered in presence of: ; , ...... . . ........... ............................................... . Jack N. Geller ; As to Lessor. . .._.............. . .. ... .......................... ........._.[sEaL] ; LiY�l�.an D: � G�eTl�er .... ...... ............................................................................................. Jos�pTi."GeII��r...........:....................,....... ........:.[sEnL� ' E��.�� i�c�I�Y��........................................:..._......�SEAL� ; .........................................................:.......................................... i As to Tenant. CIT.Y...O�.'...SAINT...P.�.UI�............................... ... _....[sEnL] ; By ; ............................... ............... ........... . ........ _ .... .. _. _ _.._ ....:....:.. .,_s...L �ror..._.........._ _ [�£.aL] 5: ..._..... Depart-nent af Finance and ' L°i�,-�age.�nent 5ervices 3v CT�TF nF . ................) CO?'J TI' pF....... _ . .l .� � � , y.._ . �rx .._.......� . .._----' ' STATL OF NII:�i3ES0^tr� } ) ss. � COUNTY OF RA1�4SEY ) On this �� aay a� , 1973 , before r1e, a �dotary Public in an_d for sa�.d county and state, p�rsonally appeared JaCK Iv. GELLER and LILLI�� D. GLLL�R, husb�nd and wif�, to me known to �e the p�rso:�s described in and who executed the annexed and fore5oing '_nstrurlent, and acknow?edged that they e�.ecuted the s��r.me as tt:^_=r tree act and deed.