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02-961Council File # b3+ 9f.\ Green Sheet # 203490 �� TTY OF S T PAUL, NIIlVNE50TA � I, Presented By: � � �t Ref'erred To: Committee:Date: 1 BE TT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with liamline Park Plaza Partnership, Lease Addendum No. 1, to rent ofTice space at 3 570 N. Ashbury #106A f"or the Employee Assistance Program. A copy of this agreement is to be kept on 4 tile and on record in the Office of Financial Services. DE'AARTMENT/OFFICE/COUNqL DATE INITIATED roli� iois�oa GREEN E� No. 203490� CONTACT ERSONBPFfONE INRIAVD IumAUDAlE WilliamFinney 292 1 nErnx,xFnrorteECrox 5 cawa� MUST BEON COUNCILAGENDA BY (DATE) �^� O� � a`\ v Please process ASAP 3 nrroaner c�aK �FlUWMLSERVICESw��/ �F4NNCIALSEiN/ACCTG ��� - �MR�ORASSISTAN� � ywawnRlGXiS L� TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution authorizing the City of Saint Paul Police Department to enter into an agreement with Hamline Pazk Plaza. RECOMMENDATION Approve (A� or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firm everworked under a cronfrad forthis department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personffirm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this person/firm possess a skiii not normally possessed by any current aty employee� YES NO 4. Is ihis personlfirm a targeted vendoR YES NO E�plain all yes answers on separate sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department's Employee Assistance Program (EAP) needs to renew the lease for office space in order to meet the needs of police officers, police employees, and family members. �. � y� �m ' �`�� � l �' l G�P� ADVAN7AGESIFAPPROVED The Saint Paul Police Departrnent's Employee Assistance Piogram will be able to provide appropriate services to department employees. . q . q ... P+�.-a-.r DISqDVANTAGESfFAPPROVED " L.r��:,�-'_��: e..,:.,:. None. �� � � ��� DISADVAN7AGESIFNO7APPROVED The Saint Paul Police AepartmenPs EAP will not be able to provide a complete range of assistance and services to the Saint Paul Police Department and its employees. '''�'"`" ' � TUTALAMOUNTOFTRANSACTIONS seeattached COST/REVENUEBUDGE7ED(CIRCLEONE) YES NO FUNDING SOURCE General Fund Budget ACTIVI7Y NUMBER 001-04000-0282-40061 FINANCIAL INFORMATION (EXPLAIN) HaznlinePkPlazaEAP_a'gs.02 oa-°��� Hamline Park Plaza Office Building Lease Addendum No. 1 ALL TERMS and conditions of the lease between Hamline Park Plaza Parmershin, representing the Owners (Landlord) and St Paul Police Denartment, Employe� Assistance Program. a City of St. Paul funded program (Tenant) signed on 18th of January, Z000 will remain in full force and effect through this addendum signed , 2002, except for the following: TERM The term of this addendum shall be from Februarv 1 2003 to Julv 31, 2005 unless eazlier terminated as provided in the lease. RENT For the entire rent period from February 1. 2003 to July 31, 2005, Tenant shall pay as a Monthly Gross Base Rent for the demised premises, with out any set-off or deduction, the sum of 9��> in advance, on the first day of each and every calendar month throughout the thirty (30) month lease addendum term. OFFER TO LEASE TERMINATION DATE: This offer to extend the lease term of suite 106A will automatically expire, if two (2) signed original copies of this lease addendum are not returned to Landlord on or before November 15th, 2002. IN WITNESS WHEREOF, the Landlord and the Tenant have executed this lease addendum as of the date above written. Landlord: Hamline Park Plaza Partnership General Partner n / ' / � � � � -�- ���/ '' `/�y„�i� "� �i � �/ Date: X2G��. ! G !�� — G G__. Tenant: Chief of Police �� Date: Date: Date: Date: S�� ��'� � I�� �� �� �9-'h( � � S . �f '�3 `f� t � �� 7 oa-°lc.\ AAnZLIl�G PARK PLAZA LEASE THIS LEASE is inade and entered into this day of > 199_, by and between Hamline Park Plaza Partnership, Owners ("Landlord"), and St. Paul Police Department, Employee Assistance Progcam, a City funded pro� am ('Ten ). For and in consideration of the mutual covenants and agreetnents hereinafter � �� set forth, the pareies agree as foltows: PIiEMISES: I. Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, for the tenn and upon the conditions hereinafter provided, the space consisting of approximately 608 square feef, outlined on the attached Exhibit A. Such space is hereinafter refened to as the "demised premises." The demised premises are on the first level of the office building located at 570 Asbury Street, St. Paul, Minnesota (hereinafter referred to as the "Building") situated in Raznsey County, Mimiesota on land legally described on Exhibit B(the "Land"). Landlord hereby also � to Tenant �he right of joint use, together with Landlord and other tenants, of certain comtnon areas and facilities, includin� buC not IimiCed to elevator, stairways and stairwells as depieted in Exhibit A-1, and gcncral nonassigned parking above grade in the parking ramp on tl�e land (the "Common Areas"). The Building (including tl�e adjacent parking ramp and underground parking), the Land and all improvements therein and thereon are hereinafter referred to as the "ProjecY'. TEI2M: 2. The term of this lcase shall commence on February 1, 2000, and expire at midnight on Januarv 31 2003, unless earlier tenninated as provided in this lease. POSS�SSION: 3. Upon taking possession of the demiscd premises, tenant shatl perfonn and abide by ali tenns and conditions of this lease, except for payment of rent, which shall commence on the Rent Commencement date which shall be February 1, 2000. Tenant alre_dy occupies the office suite and this is a ncw lease for the same suite. R�NT AND SECURITP DEPOSIT: A late fce in the amount of $ 50.00 payable to Landlord if monthly rent, in hill, is not received in Landlord's office within 10 days from the date rent is due. The tenn °RenY' when used in tliis lease shall inean Aruival Base Rent toge:ner with ai7y additional rent. 4. (a) For the period from Rcnt Coimnencement date (Defined in Article 3 above) to January 31, 2003, Tenant shall pay as an Annual Base Rent for the demised preinises, with out any set-off or deduction, the sum of $9,732.00 Monthly Base Rent for tae demised pre�nises, without any set-off or deduction, S Sll.00, in advance, on the fir:: day of each and every calendar month. ,�> ;< oJ.- Rent shall be payable to Landlord c/o Justin Properties Inc., Hamline Park Plaza, Suite 108, 570 Asbury Street, Saint Paul, Minnesota 55104 or to such other party or parties and at such place or places as the Landlord may hereafter from time to time designate in �viiting. A security deposit in the amount of S N/A and the first inonths rent in the atnount of S N�A is due upon execution of this lease. REI�ZODELING OF THE DEn7ISED PREn1IS�S: 5_ Landloi d shall at its sole cost and expense improve the demised premises according to and to the extent provided in the specifications attached hereto and made a part hereof as Exhibit A and C("Landlord's Work"). Landlord contemplates completion of Landlord's ZTJork on n/a. In the event the Landlord is unable to complete construction and deliver possession to Tenant on such'date foi any reason whatsoever, the Landlord shall not be liable to the Tenant for any daina�es whatsoet�er. Landlord'shall continue to use its best efforts to complete improvements of the same as soon as reasonably possible and this lease shall reinain in full force and effect, except that the Rent Coimnencement Date shali be postponed to a date which is five �51 days foltowing issuance of a certificate of substantial completion for Landlord's Work. In the event the Rent Commenceinent Date is postponed, the Tennination date shall be extended by the same amount of the postponement. Tenant shall take possession of the demised premises upon completion of Landlord's work, and upon doing so shall have accepted the demised premises and acicnowledged that Landlord's work has been substanUally completed in accordance with EahibiC C. Landlord shall havc no construcrion, rcconstruction, modification obligations �vhatsoaver. All improvements to the premises, other tl�an that provided for on Exhibit C, sl�all be at the sole cost and expense of Tenant. If no improvcine�ts are listed on E�:hibit C, Tenant aclaiowledges acceptance of the condition of Bemised Premises as of the execution date of this lease. EL�CTRICAL COSTS: 6. Electricity will be supplicd to the Demised Premises for standard building lighting and office use. Any electricity which Landlord has not in this parad - aph agreed to provide to the Demiscd Premises, but wliich the Landlord agrees to supply to the Demised Premises at any time during the Lease Term, will be fizrnished subject to special charge as agreed upon between Landlord and Tenant. USE: 7. Tenant will use and occupy the demised prcmises solcly for off ce purposes and in accordance with the use permitted m�der all applicable regulations of all governmental authoiities l�aving juiisdiction over thc demised �remises. Tenant, its employees and invitees will also be permitted to use the neighboring parking ramp without additional cl�arge on a space-available basis. Included with this lease, at no additional charge, is the use of N/A located directly below the Plaza building. «'ithout t2�e prior �i ritten consent of Land(ord, the deinised premises will not be used for any other puipose. Te��ant will not use or occupy the demised premises for any unlawiul purpose, and will comply �vith all present and future laws, ordinances, regulations and orders of the United States of Amciica, the State of Mimiesota and all other governmental units having jmisdicfion over ihe demised premises. Landlord shall operate and maintain the building premises during normal business hours as usual and customlry for office buildings in the A1pls-St. Paul area and on customary business days. As of the Rent Commenceme�it Date, nomlai business hours and days shall be between 7:00 a.m. and 8:30 p.m. Monday through Friday and Ueriveen 7:00 a.m. and I 30 p.m. Saturday, holidays excepted. No part of the demised premises shall be used for lodging, commercia] cooking or any purpose which is itnmoral or which will interfere �t�ith the general safety, comfort b � — �� ` and convenience of the owners, occupants and tenants of the Building. In particular but without limitation, Tenant shail not e�ibit, scll or offer for salc, use, rent or exchanae in the deinised premises or Building any article, thing or sen�ice except those ordinarily embraced within the use of tlie demised premises as specified, �vithout prior written consent of Landlord. If machines or cquipment generating heat are used U}� Tenant in the lease premises which affect the temperature other�i ise maintained by the air conditions system, Landlord reserves the ii�ht to install, or to require Tenauf to install adequate supple�nentaty air conditioning equiptnent in the Demised Premises. Regardless of who perfonns such installation, all costs of ins�allation, operation and maintenance thereof, and all utility costs incurred in connection therewith shall be promptly paid by tenant. If sewer service and water are fumished to the Deinised Premises for any purpose other than for drinking, lavatory and toilet purposes, all costs for installation, operation and maintenance of such utilities and service shalI be promptly paid by Tenant. INDEMNITY: 8. Except for injuries, death or property damage resulting from Landlord's negligence, Landlord (including its partners, employees, agents and representatives) shall not be liable to Tenant, or those claiining tluough or under the Tenant, for any injury, death or property damage occurring in, on or about the Building. Tenant shall indemnify the Landlord and hold it hannless fiom any daim or dainage arisin� out of an}� injury, death or property damage occun'ing in, on or about the demised premises or the building arising fioin the Tenant's negligence or ii�tentionai misconduct. ASSIGNDZENT AND SUBLETTING: 9. Tcnant will not assign, transfer, inortgage or encumber this lease or sublet or rent or pennit occupancy or use of the demised premises, or any part thereof, by �tiy tliird party, without obtai�iing the �rior written consent of Lai�dlord: nor sl�all any assi�mnent or transfcr of this lease be effectuatcd by operation of law or othenvise without die prior writtcn consent of Landlord. The consent by Landlotd to any assigmnent or subletting shall not bc construed as a waiver or release of Tenant fiom the tern7s of any co��euant or obli�ation under ttiis ]case, nor shall the collcetion or acceptance of rent from any such assignee, subtei�a�t or occupant constitute a waiver or release of Tenant from aizy covenant or obli�ation containcd in this lease, nor shall any such assignment or suUletting be construed to relieve Tenant from obtainin� tlie consent in v,riting of Landlord to atry further assignment or subletting. Landlord agees not to unrcasonably �vithhold iYs approval to allow Tenant to sublet premises. Landlord is a« are that Tei�ant expects fo suUlet office space to other professionals. n'IAINT�I�'ANC�: 10. Subjcct to Landlord's obli�ation to provide janitorial scrviccs as set forth in .Article 16, Tenai�t at Tenant's cxpeusc �vill kcep tlie demised premises and the fixtures and equipment therein in clean, safe and sanitary condition, in good and proper order and repair, will take �ood care thereof, will suffer no �vaste or injury thereta, and will, at Uie ezpiration or other te�mination of the terui of this lease, sun the same with all «�alls, carpets and other iin��rovements cleancd and in the same order and condition in ���hich they are on the commenccment of the tenn of this Iease, ordinaiy wear and tear or damage from an insured casualty escepted. Landlord shall make all necessary structuraI repairs as ���ell as necessary repairs to thc Building, tlie outer �i�alls, roof, down spouts, gutters, c��indo��'s and «�indow panes. Landlord shall keep tlte plumbing, se���a�e, heating, air conditioning, elechical and ventilating systems in good repair, ordinary wear and tear or damage by casualty excepfed. Landlord shall maintain and keep the conunon areas in a safe and sanitary condition provided„ ho�vever, any cost of repairs to the Building, to the demised premises or to any 0 a- °�c.� common areas �vhich are occasioned by tl�e acts of Tenant, its officers, employees, agents or invitees, shall be paid for by Tenant, as additional rent hereunder, immediately upon billing, except for any defective ]ight fixtures and/or window glass which have not been damaged tluough fault of Tenant. Landlord a� ees to maintain all mechanical and electrical improvements in good condition. The replaceinent of light bulbs other than fluorescent, is the sole responsibility of the tenant. ALT�RATIOl\S: 1 l. Tenant �vill not make or pernlit anyone to inake any alterations, decorztions, additions or iuiprovements, structural or otherc�ise, in or to the demised premises or the Building, ���ithouf the pi�or written consent of Landlord, which consent may, except as to interior decorations, be withhetd. Landlord shall not um withhold consent on TenanYs interior decorations. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlotd such security as Landlord shall,'in its reasonable discretion, request. If any meclianids lien is filed against the demised premises, or the real property of which tl�e demised premises are a part, for work claimed to ha� e been done for, or materials claimed to have been furnished to, Tenant, such mechanids lien shall be discharged by Tenant; within ten days thereafter, at Tenant's sole cost and expense, by the payinent thereof or by filing any bond required by law. If Tenant shall fai] to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat tl�e cost thcreof as additional rent payable with the inonthly installment of rent next becoming due, it bein� ex��ressly agreed tl�at such discl�arge Uy Landlord shall not be deemed to ��arve or release the default of the Tenant in not dischu�ing the same. Tenant will indetnnify, defend and hold Landlord han��less from and against any and all expeuses, liens, claims or dama�nes to l�crson or property which may or might arise by reason of the makin, of any such aiterations, decorations, additions or im2�ro��emei7ts. If any such alteration, dccoration, addition or improveineut is made without the prior written consent of Landlord, Landlord inay conect or remove the same and the Tenant sl�all be liable for ai�y and all e�;penses incun by Landlord in tl�e l�erformance of this �a�ork. All alterations, dccorations, additions or improvements in or to the demised premises or the Building made by either party shall inmlediately become the property of Landlord and shall remain upon and be surrendered witl� tl�c deuliscd premises as a part thereof at the end of the temi hereof withouC disturUance, molestation or injury; provided, l�owever d�at if Tenant is not in def mlt in the perfonnance of any of its obligations under this lease, and further provided that any and all damage resulting therefi be repaired, Tenant shall have tl�e right to remove, prior to the ex�iration or temiination of the tenn of this lease, all movable furnihlre, fumisliin�s, equipment or trade fixtures installed in the demised premises at the expense of Tenant, and if such property of Tenant is not removed by Tenant prior to the expiration or tennination of this lease, the same shall become the propert}' of Landlord and shall be surrendered witll the demised premises as a part thereof. In the e� ent Te�tant sl�all co�lstruct ai�y special improvements on the demised premises, Landlord may request that Tenant shall, in sucl� event, remove same and restore the demised premises to thcir original condition. SIGNS, I�URNISHINGS: 12(a) No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on any part of tl�e outside or the inside of the Building, nor shall any stand, booth or showcase by placed or erected within or upon the project, except in such place, number, size, color and style as is approved by Landlord, and if any such sign, advertisement or notice is improperly exhibited, or sfand, booth or showcase improperly placed, Landlord shall have the right to remo��e tl�e same and Tenant shall be liable for any and all exnenses incurred Uy Landlord by said removal. Any �ermitted sign use, excepYing directones in the main building lobby, shall be at thc sole expense and cost of the Tenant. (b) No furniture, equipment or other bulky matter of any description ���ill be received � into the building or camed in the eleeators except as approved by Landlord. All moving 01-°l�� furniture, equipment and other material shall be done under the direct control and supervision of Landlord �vho shall, however, not be responsible for any damages to or charges for moving the same unless damage is the result of Landlord's ne�ligence. Tenant a� ees promptly to remove fi'om the sidewalks adjacent to the Buildin� any of tl�e tenant's fumiture, equipment or other material there delivered or deposited. Landlord shall have the right to limit the �vei�ht and prescribe the position of safes and other heavy equipment or fixtures. Any and all damaae or injury to the demised premises or the Building caused b}' moving the property of Tenant in or out of the demised premises, or due to the satne being on the demised premises, shall Ue repaired by, and at the sole cost of the Tenant. RIGHT OF EnTTRY: 13. Upon reasonable notice Tenant will pennit Landlord, or its representative, to enter the demised premises, ��ithout charge therefor to Landlord and without diminution of the rent payable by Tenant, to collect rent whicli may' be due, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the jud� nent of Landlord may be deeined necessaty for the deinised premises, for any other premises in the building, or the Building itself, or to exhibit the same to prospective tenants. Landlord shall also have the right from time to time upon reasonable notice to enter ii�to the deinised premises, to service any mechanical systems, and to adjust any mechanical controls within said premises. Landlord shall also have the right to enter into the demised premises for the purposes of iustalling Ybe floors, ceiling, and walls thereof any improvements, alterations or repairs which Landlord shall deem necessary, including but not limited to installation of mechanical, elcctrical and plumbing syste�ns for use of ofher tenants in tl�e Buildin�. In such event, Landlord shall use its best efforts to not unreasonably interfere witl� the conduct of Tenant's business and Landlord sl�all return the demiscd premises to the condition they were in prior to cntry. Landlord will providc reasonable security during altei'ations inade to Tenant's space. INSURANCE RATING: 14. Tenant will not co��duct or �xrmit to bc conducted any acYivity, or place any equipment in or about the demised �remises, wllich will in any way inerease thc ratc of fire insurance or other insurauce on d�e Building; aud if any iucrease in the rate of fire insurauce or other insurancc is stated Uy any iilsurance company or by the apF�licable Insurance Rating Bureau to be duc to activity or equipment of Tenant iu or about the deinised premises, such statement shall be conclusive cvidence tl�at such increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for such increase and shall reimburse Landlord thercfor. T�NAN"i` L,QUIPI�7�NT: 15. Tenant sl�all not insta]1 any equipment of any kind or nature wl�atsoever which wilt or may necessitate and cl�anges, replacements or additions to, or in the use of, the heating system, air conditioning, or electrical system of the demised premises or the Building �vithout first obtaining the prior written consent of tl�e Landlord. I�'o plumbing fi�tures of a��y type shall be installed �vitl�in the demised premises u�less Landlord shall approve the same. ViUiation eliminators or other devices sufficient to eliminate noise and vtbration from any business machines and mechaiucal equi�ment belonging to TenanC which cause noise or vibration that may be transmittcd to tl�e structure of the Building or to any space tlierein to such degree as to be objectionable to Landloxd or to any Tenant in the Building shall be installed and maintaii�ed by Tenant, at Te�ianPs expense. S�RVICES AND UTILI7'IES: ] 6. Landloi'd shall fiinlisl� reasonably adequate elech water, lavatoiy facilities, and automatically operated clevator seivice during noimal business hours v��ithout additional ,:e.i� cost to tenant. Landlord shall fumish heat and air conditioning during the normal and ��'���`� usual business hours, per Paragraph 7., durin� such seasons of the year when such services are nonnally and usually fumished in conunercial buildings in St. Paul and il'Iinneapolis. Landlord shall provide �veekly cleaning and janitorial services for the demised premises, Saturdays, Sundays and Holidays excluded. Landlord shall provide only these services Iisted on Exhibit D hereto. Landlord shall not be liable for failure to furnish, or for delay or suspension in furnishings, an}� services set forth in this Article caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, or causes beyond Landlord's control, and no such failure, delay or suspension shall be deemed an e�•iction or relieve Tenant froin any of Tenant's obli�ations under this lease. Tenant sl�ail use due care in the use of the demised premises and of the Common Areas in the Building„ and shall not neglect or misuse utilities services, fixtures or equipment. LIABILITX OF LANDLORD; CONDITION OP' PREn'IISES: 17. Except for injuties; death or property damage resulting from Landlord's negligence; Landiord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, fatnily members, guests or trespassers for any damage, compensation or claims rising from: the necessity of repairin� any portion of the Building or the a�nenities ��ithin or without the Building; tl�e inteiruption m the use of the demised premises; accident or dainage resulting from the use or operation Uy Landlord, Tenant, or any other person or persons whatsoever of elevators, or heating, cooling, electrical or plumbing equipment or apparahis; the ternlination of this lease by reason of the destruction or condeumation of the demised premises; fiom any fire, robbery, theft, or any other casualty; fiom any leakage or bursting of pipes or water vessels or any roof or wall leakage, in any part or portion of the demised premises or the Building, fiom �vater, rain, sno�v or underground water diat may leak into, flo�v on, or flow from, any part of flie demised premises or the Building; or from any other cause whatsoever. Tenant's taking possession shall be conclusive evidence that the demises premises were then in good order and satisfactory condition. However, within ten (10) days of taking possession, and upon Tenant's written notification to Landlord of any ui�satisfactory condition, Lai�dlord agrees to use it's best efforts to eorrect those conditions within a reasonable amount of time. No promise of Landlord to alter, remodel, improve, repair, decorate or clean the demised premises or any part thercof, and no representation res��ecting the condition of the demised premises or the Building has becn made to Tenant by Landl�rd except as has bcen made herein. Landlord agrecs to maintain coimnon areas in a reasonable, clean and safe conditiou. TENANT INSURANC�: 18. N/A LANDLOIZD INSUt2ANCE: 19. Laudlord sllall provide, at its expense, the following insurailce: (a) "Special Perils" fire and casualty insurance, inciuding endorsemeiits for extended coverage, vandalism and malicious mischief, and water damage covering the replacement cost of the 73uilding, excluding fow�dation aud any Tenant improvements. (b) Liability insurance coveiing all acts of Landlord, its empIoyees, a�,ents re�>rescntatives or guests within the Project in a single limit amount of not less than �500,000. SUBROGATION: 20. Notwithstanding any other provision in this lease to tl�e contrary, Landlord and tenant each hereby release the other from any and allliability or responsibility, to tlie otlier or to anyoue claiming ttu or under them by way of subrogation or otherwise, for any loss or damage to property caused by fire or any of the extended coverage casualties, even if such 6�-`1b\ fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone �ehoin such party may be responsible. Landlord and Tenant cach agree that its policies will include such a clause or endorsement. FIRL OR OTI�ER CAStiALTY: 21. If the demised premises or the access thereto shall be par[ially damaged by fire or other cause, tivifhout flie fault or neglect oi Tenant, Landlord may (takin� into account the time necessary to effectuafe a satisfactory settlemeut ���ith any insurance company) undcrtake to repair such damage at tl�e eapense of the Landlord. This lease shall, except as l�creinafter provided, remain in full force and effect following such damage and the rent shall be proratcd to the extent that the deinised preinises are rendered untenantable until such repairs are completed. ln thc event the Buildin� is damaaed by fire or other cause to such extent that damage cannot, in Landlord's sole judgment, be fully repaired within a reasonable time after the date of such damage, Landlord shall have the option (but not the obligation) to tenninate this lease by giving written notice to Tenant of such decision �nd the tenn of this lease shall tenninate on the day such notice is given. Such notice shall be given �i�ithin ninety days of the occun'ence of damage, or the right to give such notice shall be deeined to be waived. In the event Landlord elects to repair said damage, this lease sl�all remain in full force and effect subject to abatement of rent as herein Uefore provided. DEFAULT: 22. (a) If a decree or order Uy a court having jurisdiction shall be entered (i) adjudging Tenant banla'upt or insolvent, or (ii) approving as properly filed a petition seeking reorganization of 1'enant under atry bankruptcy or insolvency law, or (iii) for the �� inding up or liquidation of tenant's affairs, or (iv) for the appointment of a receiver or a liquidator or trustce of tenaut or of tenanCs property, in banla'uptcy or insolvency, and such decree or order shall continue undiscl�argcd or unstayed for thirty (SO) days; or if tenant sha11 institute or consent Yo insolvency or banlu proczedings by or against Tenant; or shall file a petition, ans���cr or consent seeking a reoiganization under any banlaliptcy or insolvency laws; or shall consent to the appointment of a receiver or liquidator or trustee of Tcnant or of TenanPs property in banla'uptcy or insolvency; or shall make an assigmnent foi' the benefit of crcditor; or s1�a11 admit in writing Tenant's inability to pa}' debts generally as tl�ey beco�ne due; or shall take coiporate action in furtherance in ai�y of the aforesaid pur�oses, then and in any such e��ent Landlord may, if Landlord so elects, ��'ithout notice or entry or otl�er action, forth�vitli tcnninate tl�is lease. Upon such tennination, Landlord shall be entitled to recover damabes in an antount equal to the then present value of the Annual Base Rent resetved for the residue of the stated tenn, less the fair rental value of the leased premises for such residue, or in such greater amount as may be permitted by law, up to the fiill amount of the Animal Base Rent reserved for suct� residue; and Landlord shall, in addition, be ei�titicd to pursue such furtl�er remedies as may be provided l�ereunder or by law. (b) IP TENANT FAILS TO TAICE POSSESSION OF THE DEMISED PRBMISES AS PROVID�D HEREIN, TO MAKE ANY PAYMENT OF RENT �'�'HEN DUE I-IEREUNDER, or if Teuant defaults in any manner in the perfonnauce or obser� ance of aizy other provision of this lease, aud such dcfault shall continue for ten (10) or more days after Landlord shall havc given notice thereof to Tei�ant; or if the leasehold interest of tenaut hercunder shall be levied upon under execution or othernise attached by process of la��; or if tenant abandons ttie demised premises or if the same remains unoccupied for thirty (30) consecuti�=e days; tl�cn and in any such e�'ent Landlord, at its option, �� ifliout noeice or demand, forthwith or at any time duiin� the continuance of such default, either may tenninate'I'enant's right of possession hereuuder, without tenninatin� this lease, or may tenninate this lease. If any default by Tenant hereunder results in the existence of any eondition l�azardous to any person oi' property, such default shall Ue cured forth« ith upon a a.�c.� Landlord's deinand, and the ten (10) day period F��ithin �vhich to cure thc same, aUove specified, sl�all not be applicable. (c) Upon temlination of this lease by lapse of tiine or othenvise or upon tennination of Tenant's rights to possession hereundcr pursuant to paragraph (b) of this Article 22, Tenant shall vacate the demised premises immcdiately and shall del�ver possessioa thereof to Landlord. In such event, Tenant hereby grants to Landlord full and free license to enter and repossess the demised premises, with process of la�c, and to expel and exclude Tenant and any other occupants from possession thereof, and to remove any and all property, using such force as may be necessary, �i�ithout being guilty of coneersion, trespass, forcible entry, or detainer, and �;�ithout relinquishing Landlord's right to receive rent hereunder, or any other right of Landlord. . (d) If Landlord has the right to elcct and does elect under the foregoing pro��isions, to tenninate Tenant's right fo possession, without terminating this lease, Landlord may enter the demised preinises, reinove TenanYs signs atid �ther evidence of tenancy, and take and hold possession thereof as provided in paragraph (c) of this Article 22, �i�ithoutsuch entry and possession tenninating the lease or releasmg Tenaut from Tenant's obli�ation to pay rent for the full tenn. In case this lease is temiinated for any cause specified in para�raph (b) of this Eu 22, Tenant shall pay Landlord iinmediately a sum equal to the present value at the time of such termination of the excess, if any, of the amonvC of the rent (using the then amount of additional rent) for the remainder of tl�e cun'cnt tenn over the reasonable rental value of the demised premises for the remainder of the cun'ent tenn. Upon entry without termination of the lease, Landlord shall make reasonable efforts to relet the demised premises or part thereof for the account of Tenant for such rent, for such time and Li�on such terms as Landlord shall detennine; and Landlord shall reasonably consider any Tenant offered by Tenant or to obsetvc any instructions given by Teuant about rcletting; and Lancllord may make repairs, alterations, additions and redecorate to the e�tent deemed by landlord desirable, and Tenant shall pay the reasonaUle and necessaty • cost thereof, together with Landlord's reasonable and necessary e�;pense of reletting. If the consideration collected by Landlord upon reletting is not sufficient to pay monthly the full amount of unpaid rent reserved in this lease, and the cost of repairs, alterations, addiYions, redecorating and Laildlord's expense of reletting, Te»ant shall pay to Landtord the amount of each monthly deficiency. (e) If Tenant violates airy of the tenns and provisions of this lease or defaults in any of its obligations hereui�der other than the ��ayment of rent or other sums �ayable hereunder, such violations may be reshained or such obligations enforced by iajunction. ( fl Tenant shall pay all Landlord's reasonable and necessary costs, charges, and cxpenses, including the fees of counsel, agents and others retained by Landlord, incuned in enforcing Teuant's oUligations I�ereunder or ii�cun'ed by Lancilord in any liTigation, negotiations or transactions in �i�hicli Tenant causcs Landlord, witliout Laudlord's fa��lt, to becoine involved or concemed, and the amount thereof shall be addifional rent and shall upon notice by Landlord be immediatcly due hereunder. SUBORDINATION: 23. This lcase is subject and subordinate to tl�e lien of all and an}' mortgagcs (�chich teml "mortgages" shall include mortgages to secure any financing or debt of any nature whatsoever and shall include deeds of tnut and similar security instruments) and or master leases which m�y now or hereafter or otl�erwise affect the Pro)ect, and to all and any renewals, extensions, inodifications, recastings or refinancings thercof. In confinnation of such suUordination, Tenant shall, at Landlord's request, promptiy execute airy requisite or appi'opriate certificafe or other document. Tenant agrees that m the event ttiat any I�roccedings are Urought for tlie foreclosure of any such mortga�e, or au}� such master lease is tern�iriated, Tenant shall attorn to tt�e purchaser at such foreclosure sale, or to the lessor under such master lease, if requested to do so by such purcl�aser or master lessor as the b a' ��� Landlord under this lease, and Tenant waives the proeisions of any statute or rule of law, no«� or hereafter in effect, which may give or purport to give Tenant any right to terminate or otherwise adversely affect this lease and the obligations of Tenant hereunder in the event that any such foreclosure proceeding is prosecuted or completed or any such master lease is temiinated. COl�'AEn1NATION: 24. If the entire building shall be taken for any public or quasi-public use, under any statute or by right of eminent domain or private purchase m lieu thereof b}� a public body �-ested with the power of eminent domain, then this lease shall automatically tenninate as of the date of such taking or private purcl�ase. If any portion of the Building is taken by such taking, the Landlord shall have the right to tennmate this lease, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of such taking. If any portion of the demised premises is taken by eminent doinain and this lease is not tenninated as herein provided, the Landlord shall, at its expense, restore the detnised premises to as near the condihon �vhich existed itnmediately prior to the date of taking as reasonably possible, and rent shall abate during such period of time as the demised premises are untenantable, in the proportion that the untenantable portion of the demised premises bears to the entire demised premises. Any award received for said taking is to be the Landlord's, and the Tenant shall not be entitled to such an award. In case of tennination, tl�e reiit shali be paid up to the date of taking or private purcl�ase. Norivithstandin� the tenns and provisions of this Article, the Tenant shall be entitled to receivc tl�at portioiz of any condemnation a�+�ard made for the depreciation value of trade fixtures and leasehold improvements originally paid for by Tenant and its relocation costs. COVENANTS OF LANDLOItD: 25. Landlord covenants that it l�as tl�c right to make this lease for the tern� aforesaid, and, subject to the rights of any mortgagees or master lessor refeired to in Artic;e 23, covenants dlat if Tenant sl�all pay the renfal aud perform all of the covcnants, terms and conditions of this lease to be perfonned by Tenant, Tenant shall, during the tenn hereby created, freely, peaceaUly and quietly occupy and enjoy the full possession of the demised premises without molestation or hindrance by Laudlord or any �arty claimin� tlu'ou�h or under Landlord. The tenn "Landlord" as used herein shall inean solel�� the owner of the Building and lessee of the underlying land, at the relevant time, so that in the event of any sale or transfer of the Building and underlying land, tl�e covenants and obligations of Landlord shall be imposed upon such successor m interest and any prior Landlord sl�all be freed and relieved of all covenants and obligations of Landlord hereunder from and after the date of such conveyance. NO PARTN�I2SHIP: 26. I�iothing contained in tiiis lease shall Ue deemed or construed to create a partnership or joint vcnture of or Uetween Landlord and 1'enant, or to create any other relationship bctwecn tl�c parties hereto other tl�an that of Landlord and Tenant. NO REPI2�SENTATIONS BY LANDLORD: 27. I�io right, privilenes, easements or licenses are acquired by Tenant except as herein expressly set forth. In particular but without limitation, this lease does not �rant any rights to ligl�t and air ovcr any prcinises adjoining the Building. �.. a a.���� NOTIC�S: 24. All notices or other communications hereunder shall be in writing and shall be deemed duly giaen if delivered to the demised premises or if sent by certified or registered inail, retum-receipt requested, fiist class, postage pre- paid, to Landlord at: Justin Properties, Inc., Hamline Park Plaza, Suite 106A, 570 AsUury Street, Saint Paul, Minnesota 5�104; or to Tenant at: 570 Asbury Street, Saint Paul, Mim�esota 55104. LANDLORD'S RIGHT TO CURE D�TAULT: 29. If Tenant defaults in the making of any paymenf or in the doing of an}' act herein required to be made or done by Tenant, then Landlord may, but shall not Ue required to, make such payment or do such act, and fhe amount of the expense thereof, if made or done so by Landlord, with interest thereon at the rate of t���elve percent (12%) per annum from the date paid by Landlord, shall be paid by Tenant to Landlord and shall constitute additional rent.hereunder due and payable with the next rnonthly installment of rent; but the inaking of such payinent or the doing of such act by Landl'ord shall not operate to cure such default or to estop Landlord froin the pursuit of any remedy of �vhich Landlord would otheiwise be entitled. Any installment of rent which is not paid by Tenant within ten days after the same becomes due and payable shall bear interest at the rate of rivelve (12%) percent per annum from the date such installment Uecame due and payable to the date of payment thereof by Tenant, and such interest shall constitute additional rent hereunder �vhich shall be immediately due and payable. This amount will be in addition to the late fee amount. REPAIRS: 30. The Tcnant shall promptly pay to the Landlord, upon request, an amount equal to airy cost incurred by the Landlord in repairina the demised premises and public areas in the Building where such repairs �vere ntade necessa�y by fl1e negligence of, or misuse by, the Tenant, its agents, customers, employees or invitees. CODE COn1PLIANCE: 31. Landloid agrees to reconstnict Tenant's space �iccording to die building codes of the City of Saint Paul and tlie State of Miimesota. LIL'N ON FIXTUI2ES: 32. To secure the payment of the rent for the demised premises as herein agreed, the tenant sliall pledge and grve a lien, and the Tenant does hereby pledge and �ive a lien to the Landlord, upon all fixtures and furniture of evary kind and nature, placed in the demised premises, which said fixtures and furniture may, upon termination of this lease and upon the payment in full of all sums ofmoney then due, and not other��ise, be removed from the demised premises by tlic Tenant; and, in the event any third person or persons inay have or obtain a lien thereon which is, or which said person may claim to be, coordinate with or superior to ihe lien of the Landlord, the Landlord may pay such lien and shall thereafter have an additional lien for the amount so paid to discharge said lien. RUL1,S AI�D R�GDLATIONS: 33. Tenant shall use the demised premises and thc halls, passageways, toilet rooms, grounds, parking facilities and elevators in the Building, in accordance ��'ith fl1e tenns of this lease and such additional rules and reaulations as may from time to time be rcasonably made by the Laudlord for the general safety, comfort and convenience of the owners, occupants and tenants of the Building, and Tenant shall cause Tenant's employees and invitees to abide by such rules and regulations. A schedule of the initial rules and regularions relaring to the Building is attached hereto as exhibit E, but tlte attaclnnent thereof shall not be deemed a wai��er of Landlord's right to promulgate ne�v iules or change existing rules fio�n time to time in the future. 10 p a�- �.c�� �STOPPEL C�RTIFICATES: 34. Tenant shall, from time to time, upon written request of Landlord, execute, ackno��ledge and deliver to Landlord or its designee a written statement stating: ihe date this lease A�reement was executed and the date �t expires; the date Tenant entered into occupancy of the Demised Premises; the amount of ininiinuin monthly rental and the date to �vhich such rental has been paid. This statement also shall certify that this Lease Agreeinent is in full force and effect and has not been assianed, modified, supplemented or amended in any �+�ay (or specifying the date of agreement so affectin� this Lease A��eement); that this Lease A�eement represents the entire a� - eement beh��een the parties as to this leasin�, that all conditions under this Lease to be perfornled by tlie Landlord have been satisfied; that all required contributions by Landlord to Tenant on account of TenanYs iinprovements have been receiaed; that on this date there are no existing defenses or offsets cvhich the Tenant has against the enforcement of this Lease by the Landlord, and that no rental has been paid in advance. It is intended that any such statement delivered pursuant to this paragraph �nay be relied upon by a prospective purchaser of Landlord's interest or a mortgagee of Landlord's interest or assignee of any inortgage upon Landlord's interest in the Building. IfTenant sl�all fail to respoizd witltin ten (10) days of receipt by Tenant of a written request by Owner as herein provided, Tenant shall be deemed to have given such certificate as above provided witliout tnodification and shall be deemed to have admitted the accuracy of any infomiation supplied by Landlord to a prospective purchaser of inortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's pei tl�at the security dcposit is as stated in this Lease, and that no mora thau one montl�'s rental has Ueen paid in advanee. SURREND�12; HOLDING OVER: 35. At the terntination of this lease by lapse of tiine or otherwise, the Tenant shall peaceaUly swrender the demised premises and all equipment and fixtures of Landlord in as good condition as when Tenant originally took possession, ordinary w�car and tear and dainage by insured casualty cxcepted, faihi�g �vhich Landiord may restore the demised premises to suct� condition and Tenant shali pay the rcasonably necessary cost thereo£ If fhe demised preinises be not surrendered at the temiination of this lease by lapse of tiine or otherwise, Tenant shall indemnify Landlord against any loss or liability resulting firom delay by Tcnant in so surrei�deiing the premises, including, but without limitation, claims made Uy any succeedin� Tenant foundcd on such delay. Sl�ould the Tenant continue to occupy the demised premises, or any part thereof, after the expiration or tennination of the lease term, whether with or against the consent of the Landlord, such tenancy shall be from month to month but othenvise sl�all be in accordance with all othcr tenns contained herein and a montllly rent equal to Ywice the rent paid for the last month of the temi of the lease. RUI3BISH AND DEBRIS: 3C. No rubbish, dirt, overshoes or mats shall Ue put or left in the public areas in the Building by Tenant and Tenant shall not peunit any such ilems to be placed or 1eft within any public area by TenanYs employces, agents, represcntatives, guests or invitces. AYPLICABLE LAW: 37. There are no understandings or agreements Uetween Landlord and Tenant not incoiporated in this lease. This is a Mimlesota contract and shall be construcd according to the ]aws of Minncsota. The captions in tliis lease are for convenience only and are not a part of this lease. 11 o a.-�c.� CONTINUANCE OF AGR�I.M�NT: 38. This agreement shall be binding upon and inure to the benefit of the parties hereto and subject to the restrictions and liinitations herein contained, their respective heirs, successors and assi�ns. WAIVER: 39. The failure of Landlord to exercise any of its rights hereunder shall not be deemed a �i�aiver of such ri�hts, and Landlord shall not be deemed to have ���aived any of its rights except as spccified in �vriting and duly si�ned by Landlord. MISCELLANEOUS: 40. The word °Tenant", wherever used in this Lease, shall be construed to mean tenants in all cases �vhere there is inore than one tenant, and the necessary grammatical changes require to make the provisions hereof apply to corporations, partnerships or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Each provision hereof shall extend to and shall, as the case inay require, obligate or mure to the benefit of Landlord and Tenant and their respective heirs, le�al representatives, agents, employees, successors and assigns. 41. Tenant represents and wan'ants tl�at it has not employed any broker or agents as its representative in the negotiation for or the obtaining of this Lease. 42. The term "Landlord", as uscd in this Lease, means only the Landlord at any given time of the land and Buildin� containing the Demised Premises. In the event of any sale of said land and Building, or in tl�e event of a lease of said Building, airy previous Landlord shall be and hereby is entirely freed and relieved of all covenants and obli�atious of tl�e Landlord hercundcr, and it shall be dcemed and construed, without furtber agreement that any such purchaser has assumed and agreed to cany out any and all covenants and oUligations of the Landlord hereunder. 43. The captions of the paragraphs in this Lease Agreement az'e inserted and included solely for convenience and shall never be considered or given any effect in construin� the pirovisions hereof if any qucstion of intent should arise. 44. Landlord shall have the riglit to sho�i� Demised Premises for leasing at all reasonable times during the last six months of Yhis Lease. 45. Landlord reserves the right, on sixty (60) days written notice to Tenant, to substitute other premises within the Building for the Demised Premises. The substituted premises shall contain at least the same square footage as tl�e Demised Preinises, sl�all contain comparable Tenant improvements, and the rental shall be at the then cutrent rate for such space, Uut in no event to exceed the rental specified herein. Landlord shall pay all reasonable moving expenses of Tenant incidental to such substitution of premises, not to exceed �2,000. 46. Wherever in this Lease any tcmis, covenants or conditions are required to be kept or performed by the Landlord, tl�e Landlord shall be deemed to ha� e kept and perfonned such tenns, covenants and conditions not«�ithstanding any actions taken by the Landlord, if such action is pursuant to any govcrrunental re�ulations, requireinents, directives or requests, or if die Landlord deems such action to be for the benefit of our national interest or the general public. Witltout limiting tlie generality of the foregoing, the Landlord may reduce the quantity and quality of all utility and other services and iinpose such regulations as the Landlord deems necessary in order to conserve ener�y. 12 O V y��\ OTHER: 47. N/A 48. N/A 49. Assignment: Tenant may not, voluntarily, or by operation of law, assign or transfer this Lease, without the prior cvritten consent of Lessor. Any base rent of percentage rent, or other amounts payable pursuant to the terms of any assignment in excess of the amounts payable by Tenant to Lessor hereunder shall be paid to Lessor. 50. It is mutually agreed: 'that all the covenant, terms and conditions of this lease shall extend, apply to and finnly bind the heirs, executors, administrators, successors and assigns of the respective parties herto as fully as the respective parties are themselves bound, but this provision shall not authorize the assignment or underletting of this lease contrary to the provisions hereinbefore contained. Iu testimony whereof, tlie said parties have signed this instrument in duplicate on the date as written. Lessor: Hamline Park Plaza B,� ,��-.��, ��� �ts Date: �— � � � �l Date: � — I' ' � ry� Date:_ C':o�.o���.� u� ctor o�Finance rvices � — �. Date: Mayor (— I 2-ov /�/� � 13 nnc� I�' �a—�r9 F HIBIT d I.ayout Plan of Demiscd Pr�m�ses oa.�c.� � � rn r� 0 � � � � � � 0 0 � � � r-3 !� . r-s O :u � z o� � x" �. �:. � .. .► '1% �. � �rrsz2 a-i O l-- qb\ 3rd Level 2nd Level lst Level Miscellaneous Common Areas L+'XHII3IT B Lcgal Descriptiou Lots 1 through 20, inclusive, Block 2, "I'hc Hamlinc Syndicate Addition I�'o. 3 to Saint Paul. O � ���\ together with That portion of tl�c Eastern North-South allcy in Block 2, The Hamline Syndicate Addition I`TO. 3 to St. Paul, Ramscy County, Mimicsota, vacatcd, lying Southcrly of thc Northerly linc of Lot 20, said Block 2, cxtendcd East. togcther with Edinund Avcnue, vacated, lying between Asbury Strcet and Simpson Sh also, all that part of the Westein NorHi- South alley in Block 2, The Hamline Syndicate Addition No. 3 to St. Paul, Ramscy County, Minnesota, vacated, lying between The Westcrly extension of thc North line of Lot 18, said Block 2, and the North line of Edmund Avenue. togcthcr with That portion of alley in Block 2, The H�mline Syndicate Addition No. 3 to St. Paul, Ramscy Couuty, Miuncsot�i, lying norilicrly of tlie extensions of tl�e northerly lines of Lots 18 and 20, all iu Block 2,1'hc Hauilinc Syndicatc AddiCion No. 3 to St. Pau1. I6 EXHIBIT C Landlord's Work Landlord agrees to provide the following at Landlord's expense: N/A oa-�`� Tenant's Worlc At the expense of Tenant, Laudlord shall supply, install and finish the Premises as follo�vs: N/A 17 �XHIBI"i' D Jlnitorial Services Schedule Services Providcd Within Demised Premises l. Rcmove Trash 2_ Vacuum Carpetina 3. Dust (excluding desk tops) 4_ Lavatories and Toilets Cleaned 5. Lavatory products rcplenishcd 6. Replacement of Iluorescent light Uulbs Itcros Spccifically �xcludccl: l. Clcaning of TcnanYs furniturc, equipmcnt, or othcr personal itcros. 18 1'voe of Use O FFICE Daily Wcckly \/A Daily Weckly AslVeedcd aa-°��� �XI1113PI' � IIAII4LINL 1'ARIC PLAZA L�AS� 12UL�S AND IZLGULATIONS a�•��� 1. The sidewalks, entry passages, elcvators, fire escapes and common stai�tivays of the Building shall not bc obstructed by Ten�nt oz' used by Tenant for at2y p�r��osc other than for ingress and egress to and li�om thc demised prciniscs. The use of elevators for the moving of equipincnt is iiot to be donc witliout tl�c prior approval of manai�ement. Tenant shall not placc or allow to Uc placcd in thc F3uildin� s corridors or public stairways any wastc paper, dust, garbage, refuse or anything wliatever that �vould tcnd to make them unclean or untidy. 2. The windows of the Buildiug shall not Uc covered or obstructed by Tenlnt and no awnings shall Ue put up without lhe prior writtcn consent of the Landlord. 3. Thc water closcis and other watcr apparatus sliall not be used for any purposc other than those for which thcy were constructed, and no swccpings, rubUish, rags, ashes or othcr substanccs shall Ue thrown thercin. Any damagc resulting by scich misuse by 1'e�zant or its agents, scrvants or employces sliall Ue Uornc by Tcnant Tcnant shull nof defacc any part of thc I3uilding. 4. Tcnant is responsiblc ior providing Uatl�room products to thc bathrooms wiQiin tl�e Tei�ant's individual suite, wilcss otl�crwisc �igrecd upon witl�in thc tcnaut Ieasc. This would includq toilct paper, paper towcls, hand soap, ctc. Tl�ese itcros �vill be providc�3 in tlie common area bathrooms Yluoughout the buildiug. Tcnlnt is also responsiblc for providing rcplacement light bulbs �vithin thcir individual suites unless othcrwise stated in thc tenanl lcase. 5. Basic officc irash rcmoval is to bc donc daily and docs not includc tncdical waste or any ot(ler extraordivary removal of n�bbisll. Te»ant is responsible for pi'ovidiiig foi tlie disposal ofmcdical wastc iCapplicablc. G. Janitorial scrviecs provided to Tcnant includc, wccldy vactiiumiug, �veekly miilimal dusting and daily batln�oom cicai�ing, unlcss otl�eizvisc agrccd upon within tcnant lcasc. All other seivices arc considerecl extra and will not Uc donc unlcss a fee h1s been agreed upon betwcen Landlord and Tenant. Specific janitorial �vork should be requested directly through thc landlord 1nd not ti�rough cicaning personnel. 7. Tcnant agrccs to participatc in buildiug rccycling program. Rccycling infonnation and containcrs will bc providcd to tl�c Tenant by thc Landlord. 8. Ten�nt shall not do or l�crmit to be done in tlic demised premises or bring or keep anythin� tl�crein which will in any way increase the risk of tire, obstruct or ii�tcrfcre with thc rights of Uic othcr tcnants, or violatc auy laws. 9. Tcnant, its cmployccs, agcuts or scrvants shall not makc or commit a�ry improper noiscs in the Building, loungc aUout doors or corridors, or interfere in aiiy way with otlier tenants or thosc having busincss with thcm. 10. No birds or �nimals shall be kept in or about the dcmised premises nor shall Tenant operatc or permit tu bc operatcd any tnusical or sound produciug instrument or device whicl� may bc I�card outsidc thc dcmiscd prcmiscs. 19 oa��°��� 11. Tenant shall not usc thc dcmised prciniscs for slecping or residcntial purposes or for the storage of personal effects or articics othcr than requu for business purposcs. 12. Lac�dlord shall have thc riglit: (a) To require all persons entcring or leaving the Buiiding during such houis as thc Landlord may reasonably dctcnninc to idcntify thcrosch�cs to a watchman Uy registration or othctwisc to establish thcir rigl�t to cnter or leave; and (U) "ro caclude or cxpcl atry peddlcr at any time from fliedemiscd pre�niscs or the Building. 13. Tcnant shall oUseive strict care ziot to allow its windows to remain open so as to admit rain or snow or so as to interferc with die heating of the Building. Any injury or damage caused to the Building or its appoi�tments, furnishings, l�eating and other appliances, or to the property of any othcr tcnant, or to the space occupicd Uy any othcr tenant, Uy rcason of windows being Ieft open by Tcnant or Uy Tenant's interferencc with or ncglect of the hc�ting appliances, or Uy rcason of any other misconduct or neglcct of Tenant shall be remcdied at Tenant's sole cost and expense. 14. lt shall Uc thc duty of Tcnant to assist and cooperatc with Lan<llord in prcvcnting injury to thc premiscs. 15. No inffammable, dangeraus or cxplosive materials sl�all be kcpt in the demiscd ])t'Cll1tSCS. 16. Furniture, eficcts and supplics s1��11 noL bc talccu into or rcmoved from the Building cxcept at such timcs and in sucl� minncr us may Uc prcviously a}�provcd Uy Laudlord, which approval s11a1( inclucle permission to use entr<uices, doorcvays andelevators at certain times for such puiposcs and upon such ter�ns (including payment of any usunl charges for thc uscof cicvators) as Landiord shall imposc. 17. No bicycles or othcr vehicles shall bebrought within tl�e Building except in tl�e parkin�; lot and tl�cn only in compliauce with the i ules and regulations as established and cn{orccci fiom tiinc to timc for thc usc ol�such parkiiig lot. 18. Business macl�ines, iiling cabiucts, hcavy mcrchaodise or othcr articles liable to overload, ii�jure or dcstroy aiiy part of tl�c Building shall not be takcn into the Building �vitl�oiit t(ic prior writtcn conscnt of Landlord. Landlord shall in all cases retain thc right to prescribc tl�c �vcight anci prol�cr positiou of all such arlicics and tlic timcs and routcs for moviug ihem into or out of tlic Building. Tl�e cosL of rcpairing a�ry dau�a�;c causecl by any such moving or by kccping any sucl� articics oi� the demised prcmiscs sl�all be paid by Tcnant. 19. Tcuant shall be responsible ibr the mainlenance and repair of all locks and kcys to such locks and all doors in thc dcmised prcmiscs and shall rcturn all kcys to Laudlord upon tennination of the kasc. 20. Teuant sl�all give Landlord prompt notice of any accident or casualty occurriitg on or about the demised prcmises or the Building and of any defect in the plumbing, l�eating, air- conditioning, ulechanical or electrical apparatus servin� the demised premises. 2l . Tcnant sliall not mark, paint, drill iuto or in any way dcfacc tl�e w<ills, ccilings, paititions, ffoors or otl�er parts of tlte demiscd prcmises or tlie Building cxcept �v�th the 20 6a--"��\ prior �vritten consent of Landlord. 22. Tenant shall, at the end of each busincss day, leavc ttie demiscd premises in a rcasonaUly tidy condition. 23. All interior common arcas of this building arc dccmcd "NO SMOKI\G" arcas. For example, common areas would include the main cntry area halhvays, stairn•clls, elc��ators, public resh Uuilding lounge, skytivay to ramp, and other siuiilar areas wliich are not part of a specific tenaut spaca Tenai�t's demised premises are not covcrcd by tl�is restriction. Signage tvill indicate the "No Smoking" policy, l�owever, Tenant is responsiblc for informing Tenant's cmployccs, clicnts and gucsts of this policy. 24. Landlord shall l�avc the right to make such other 1nd further reasonable iules and regulations as in its judgement inay fi�orri timc to tiine be needed frorn thc safety, care, cleanlincss and appcarance of the demised premises or tl�c Building and the prescrvation of good order thcrein, wl�ich shall bc oUserved by Tenant, its cinployees, agents, and seivants. 25. Vehicics arc not to bc IcR in thc parking rlmp ovcrnight. Tcnant and his cmployccs inust provide vehicle identification to management to assist in prevention of non autltorizcd use of il�c parking facilities. Unauthorized vehicles left ovcrnight are subjcct to towing at vehicle owner's expensc. 26. Until furthcr noticc, tl�c Soutli East stair towcr of thc cxtcrior parl:in� ramp ��'ill be closcd from usc duc to iYs proximity to tlre Plaza building and its apparent ]ack of usc by persons parkin� ii� thc parking ramp. 27. Tlte building loungc arca loclted on the first floor is for tlic use of Tenant,l�enant's c�nployees and Tenant's guests. T11c lounge arca wil] bc open during regular business hours and locked during other times. Additionally, thc loungc wiil have a private area for �ncctings outside of Tenant's suite. This areti wi11 be available on a first come, first scrved Uasis. 25. Landlord shall l�avc 8�c right to make such other and furthcr reasonable iules and rcgulllions as in its judgemci�t mtiy fiom time to time be needed to dcal �rith thc locarion, aud hours ior thc parking of�"l�cnant, its cmployccs, agcnts, and scrv2nts in t(ic Building. Lundlord or Landlord's agcnt will cuforcc building rulcs. All complaints for allcgcd violations of tl�ese buildii�g rules should be; directed in writing to thc Landlord or Landlord's agent. Any violation of these building rules wi]I necessitate termination of tl�e Tcnant's ]case. 21