The URL can be used to link to this page

97-684Return copy to: J R eal Es tate Division 140 City Hall �..,' � ° F -_ . E �` � E.�,. ; • , ._. . � �� Rek'erred RESOLUTION OF T PAUL, MINNESOTA Committee: Dafe Council F7ile # �� - �y Green Sheet � �bv`�� , /, i BE TT RESOLVED, that the proper City officials aze hereby authorized and directed to execute z I,ease Agreement FMS/3, an eighteen month lease, on a month-to-month basis, of 4,208 square feet s of office space in the I,owry Professional Building for the Payroll Project. a � Adopted by Council: Date Adop�n Certified by C �Y � J � �.� � _ _N : Secretary Requested by Department of: Technolog,v & Management Services By: l-'�/ V lPa� I/\ Oti�Ja-�-r� v Directo�- Form Approved by City Attorney BY� ��l /�✓i_.sr��rv+-�- � ��/r57 Approvecyb_y�1 r Submis uncil By: \ � ? - � T.M.S./REAL ESTATE DIVISION �te: 5/19/97 Gr�n Sheet Number: 40049 Pe[sd� and PLone Nmlber: , � EPARTMENT DIBECIYIR 5 CI1X COi1NCII. Dave Nelson 266-8850 1 `" � UDGEYDII2ECTOR 3 FF10E OF FINANQAi, SVCS ost he on Coumal Agenda by: 4 YOR (OR ASSISLAN'1) 6 AL ESTAIE Dlt'ISSON OTAL # OF SIGNATURE PAGES 1 (CLII' ALL LOCATIONS FOR SIGNATURE) CTION REQUE5TED: To approve Lease Agreement FMSl3, a month-to-month lease of 4,205 square feet of office space in the Lowry Professional Building for the Payroll Project. Ref: 1. Resolution for approval; 2. Sample copy of Lease Agreement FMS/3. ��L �aY 2 � tss7 �n � � � COMI�;NDnTiONS: nPPROVE (e� OR RFJECT B) �ggpNAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . Has the perso��firm ever worked under a cmitract for Utis department? YES NO eia�v¢zc cohmasscox A scnae . Has this persodfirm ever been a City employee? YE5 NO CNS SERVICE COhUllSS[ON . Dces this person/firm possess a skill not nonnally possessed by any YES NO current City employee? cm conu.prre.e E lain alt YES answers on a se te sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL WARD(S� 2 DISfRICT PLANHING COUNCIL ��^� TIATING PROBI.T.M, ISSUE, OPPORTUNITY (Who, WLffi, When, Where, Why:�: The Payroll Project requires office space. �� VANTAGES IF APPROVED: �AV 1 9 ype� 7 We7 Lease Agreement FMS/3 would provide the needed space. �� ` �� - g��a��. 6�3t� ISADVANTAGES IF APPROVED: None ivi�-�� 2 3 ��T ISADVANTAGES IF NOT APPROVED: , - �..__.____.....,,..�..,.,...�....:.,�-..�:m'�" The Payroll Project would have to find alternative space. OTAL AMOi1NT OF TRANSACTION: ��184 � COSClREV�NUE BiJDC:ETED (CIItCLE O1VE) YFS NO mre souxcE: Citywide HR Payroll Project ACTIVITY NUMBEI2: ANCIAL INFORMATION: (EXPLAI� $44,184 represents 4,208 square feet at $7.00 per foot per year for a period of 18 mo�rths. q�-GPy SHORT TERM LEASE AGREEMENT TffiS SHORT TERM LEASE AGREEMENT ("Lease") is made as of the 16th day of�._ 1997 by and between Port Authoriri Citv of St. Paul ("Landlord"), and Citv of St. Paul ("Tenant"). WITNESSETH Landlord hereby agrees to Lease to Tenant and Tenant hereby agrees to rent from Landlord certain space witbin the property known as Lowrv Professional Buildin� ,("Property") as outliued on floor plan in E�ibit A ("Premises") which is attached hereto and by reference made a part hereof. IN CONSIDERATION THEREOF, Landlord and Tenant mutually agree as follows: 1) TERM: Said Lease is for a temi of Month to Month commencing June 1 1997 2) RENT: Tenant agrees to pay Landlord, no later than the first of the month, rent at the rate of $7.00 oer sauare foot . 3) PREMISES: Suite 300A consisting of 5,791 useable square feet. Tenant shall lease and occupy only the 4,208 square feet outlined on Exhibit "A° Any addirional square footage encroached upon by Lessee shall be added to the square footage leased and Tenant shall be chazged accordingly. 4) PERMITTED USE: Tenant shall allow no improper or unlawful use of the Premises. Tenant shall not do nor permit to be done upon the Premises anything which may in any way create a nuisance or injure the reputation of ttte Premises or the Property of which the Premises forms a part, and shall not commit nor suffer waste thereon. 5) NOT'ICE: Any norice required to be given hereunder shall be in writing and shall be served either personally or by first class mail, postage prepaid, at the following addresses: landlord: Port Authority of the Ciry of St. Paul C/O Towle Real Estate Company, as agent 350 St. Peter Street #748 St. Paul, MN 55102 TENANT: City of St. Paul Real Estate Division 140 City Hall St. Paul, MN 55102 The address for each party may be changed by such pazty by written norice mailed or delivered to the other parry stating the new address in full. 6) TERMINATION: This agreement may be ternvnated by Landlord for any reason upon flurty (30) days written notice Tenant. In the event of default, tlus agreement may be termivated upon five (10) days written notice to Tenant. q�-G�y � RLTLES: Tenant shall abide by any and all cuirent operating rules and any and aLl future operating rules Landlord feels necessary to unplement. A copy of said current operating niles is attached hereto as E�ibit B and by reference made a part hereof. 8) INDEMNIFICATION: In consideration of the use of the Premises, the undersigned hereby agrees to indemuify, defend and hold hannless the Landlord and Towle Reat Estate Company, managing agenu for Landtord, against and in respect of any and all claims, demands, losses, costs, expenses, obligarions, liabiliries, dvuages, recoveries and deficiencies, including interest, penalties and reasonable attorneys' fees, that Landlord and Towle Real Estate Company, shall incur or suffer, wlrich arise, result from, or relate in any way to the undersigned's use of said Premises. The undersigned understands and agrees that the Landlord and Towle Real Estate Company, have made no wazranries or representarions, eapress or implied, with respect ro the condiuon or suitability of said Premises or any equipment or personal properry used in connection therewith. Tenant shall provide to Landlord during the terni hereof and shall keep in full force and effect at its sole cost and expense, a policy or policies of public liability insurance and property damage insurance against all clanns for bodily injury, death or property damage occurring upon or about the Properry, in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), in each case naming Landlord and Towle Real Estate Company as addirional insured under said policy. 9) TRADE FIXTURES AND PERSONAL PROPERTY: Tenant may install in the Premises its usual trade fix[ures and personal properry in a proper mannet No such installation shall interfere with or damage the structure of the Properry or its mechanical or elechical systems. 10) CONDITION & CARE OF PREMISES: Tenant sha11 not make or cause to be made any alteralions, physical additions or improvements in or to the Fremises without obtaining Landlord's prior written consent. On the last day of the Lease Term or in the event of an earlier tennn�adon hereof, Tenant shall peaceably sunender the Premises to Landlord broom clean and in good order, condition and repair. At the time of such surrender, Tenant shall remove &om Premises all personal properry and moveable trade fixtures which were purchased and installed by Tenant; provided, however, that Tenant shall not remove any such property if Tenant is then in default under said Lease. If a default exists at the eapirarion or eazlier tern�ination of said Lease, Landlord shall have a possessory lien on all Tenant's personal property and trade fixtures as securiry against loss or damage resulting from any such default, and such properry shall not be removed by Tenant unril the default is cured. Any damage to the Premises or Property, caused by Tenant in moving its proper[y either in, out or within the Premises or Property shall be repaired by Tenant at its sole cost and expense. If Tenant fails to remove such properry or repair such damage in a timely manner, Landlord may do so and may chazge the cost thereof to Tenant, and Tenant shall pay the saxne upon demand. Except for personal property and moveable trade fixtures purchased and installed by Tenant, the vtle to all improvemenu, repairs, affixed flooring and carpeting, heating and air condirioning equipment and fixhires which have been installed by or at the eapense of either Landlord or Tenant in or upon the Premises sha11 vest in Landlord upon the installation thereof, and possession thereof sha11 be sucrendered with the Premises without chazge to Landlord. 11) ASSIGNMENT: Tenant shall not assign its interest under said L,ease without the prior written consent of the Landlord. . . .. 4�-G�� ,,, . . , „ ,., . , , ' - •�wu.�a�m-�:r.mia,�nnnnb�� i�nonu��uir•mevr.n � 13) ACCESS BY LANDLORD: Tenant agrees to permit Landlord or its agenu and/or representallves to earer into and upon any part of the Pzemises dunng all suibble houis to inspect the same, clean, make repairs, alterations or additions thereto or show the Premises to prospective lessees, purchasers or others, or for any other reasonable puiposes as Landtord may deem necessary or desirable. Landlord shall, except in an emergency, give Tenant reasonable notice prior to such entry. No such entry sball constitute an eviction or entifle Tenant to any abatement of rent, operating cosu, or any other sums due under said Lease. 14) DEFAULT: Upon breach of any covenant of this Lease by Tenant, Landlord may immediately teruiinate this Lease by giving noUce pursuant to Pazagraphs 5 and 6. Should Landlord at any time termivate said lease for any breach, it may recover from Tenant any and all damages inciured by reason of such breacl�, including but not limited to, the cost of recovering Premises, reasonable attorneys' fees and the value at the time of such tern�inarion of any rent and other charges payable for the remainder of temi of said Lease, which shall be immediately due and payable from Tenant to Landlord. 15) GUARANTY: 1'he undersigned guazantor hereby, absolutely, uncondirionally and irrevocably guarantees to Landlord the full and complete performance of any and all of the TenanPs covenants and obligations under said Lease and the fiill payment by Tenant of any and all charges and amounts required to be paid hereunder. The undersigned guazantor shall also pay any and all Landlord's expenses, including, but not Innited to, attorney's fees, incurred in enforcing the obligations of Tenant under said Lease or in enforcing this guaranty. 16) DAMAGE OR DESTRUCTION: In the event of damage to or deshucrion of all or any part of the Premises, the right of Tenant to occupancy shall immediately termivate and any obligation of Landlord arising hereunder shall cease. 1� INTEGRATION: This short term Lease Agreement and the Eachibits attached hereto and by reference made a part hereof consritute the complete agreement between Landlord and Tenant concerning the Premises and the Property. There aze no oral agreements, understandings, promises or xepresentarions between Landlord and Tenant affecting said L,ease. Any and all prior negotiarions and understandings between Landlord and Tenant shall have no force or effect. 18) RELATIONSHIP: The relationship between the parties hereto shall, at all times, be that of Landlord and Tenant, and Tenant is not to be deemed or considezed at any time as agent of Landlord, nor in any sense a joint venturer of Landlord. 19) MISCELLANEOUS: The captions of the paragraphs of said Lease aze for convenience only, and shall not be considered or referred to conceruiug quesrions of interpretation or construcUon. 20) LEASEHOLD IMPROVEMENTS: NONE - Tenant shall take premises in "AS IS" condirion, not withstanding that the Landlord will replace damaged ceiling riles, spot clean soiled walls, and enswe all lights are operational. a�t - Gs�y 21) RIGHT OF FIRST REFUSAL: Should Landlord receive at any time during Tenant's Month to Month occupancy , a bonafide offer to lease 300A either in part or in whole, (provided Tenant is not in default) Tenant shall have a one time right to meet or beat said offer. Landlord shall provide written notice of such an offer and Tenant shall have (5) five business days to respond. In the event Tenant declines or fails to elect to lease such space, then the Right of First Refusal hereby granted shall automatically terniinate and shall thereafter be null and void. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ST. PAUL Print (Print Name) Department (Siguabire) FSO Director PORT AUTHORITY OF THE CITY OF ST. PAUL (Print Name) By City Attomey 05/16/1997 11:50 6122210236 � a � I � THIS SHORT TERM LEASE by TOWLE REAL ESTATE LSASE PAGE 02 q� ` ��y � � � �� ,v�� E` � L ") is made as of the }� day of M_ aY_ 1997 �a ..CC. n,.,.l T �rnr.¢na Lnanrr[j e �A �� `�s-�-�-`�i��.�-�-- i ' ITNSSSETH i � Landlord hereby agrees to Lease w T enent hereby egrces to rrnt from Landlord certaix� space within �[he properry lrnown as Lo si ,("Property") as outlined on floor plan in Exhibi[ A ("Pr ses") which is adached hereto end by re£aen de a patt hereof IN CONSIDERATION THEREOF. Landlord end Tc t mutually agrco as follows: 1} , 2) i 3) TERM: Said Ltase is for a term of M M a RENT: Tenent agr�es , and or later than fires PREMISES: S'te 300A consisang o S 1 useable only the 4,20 square fcet oudine xhibic "A" f� upon by Lesse shall be ed c squere foorege 1 accordingly. 4) PERMITTED U�a shall not do nor p nuisance or injure the repu part, and sha(t not commit ' S) NOTICE: Any nodce reqw to be � either personally or by tirs lass mail, Port Authoriry of the Ciry of St. Paul C/O Towle Real Estate Compeny, as egent 330 St. Peter Sacet #748 � St. Paul, MN 55102 City of St. Peul shall bc in wriring end st�all be �at the following addresses: N�� 1 �o {� � - . � SSlO�, �� The addross for each perry mey be clinnged by such perty by written naice mailed or delivercd to the ocher ! pany stating the new address in full. ; , � 6) TERMINATION: 'lhis agree�nen[ may bc temtinared by LanNord for any reason upon thirty (30) days wriaen notice Tcnant. In die event of default, this agrocment may be taminsted upon fiv��) daya written notice to Tenant. � �� L �� and Iune 1. 1997 th, rmt at the rate of � nant shall lease u � quaro foomge cxoachcd t shall bc ged � no improper or unlawfiil use of tbe P nuses. Tenant the Premises anything which may in way cr a �cs or the Property of which the P s a 05/16/1997 1i:50 � ,� PAGE 03 ��-�� 6122210236 TOWLE REAL ESTATE RULES: Tenant shatl abide by any and ail currcnt operating rules and any and all future operaung niles Landlord fcels necessary to implement. A copy of said cxurent operating niles is etteched hereto as Fachibit B and by reforence made a part hereof: 8) 1NDEMNIFICATION: In considcration of the use of the Prcmises, the undasigped hereby agrees ro indcmnify, defend and hold hatmloss tl�e Landlord end Towle Rea! Estate Company, managing agents for Landlord, egainst end in respect of eny and all claims, demands, losses, costs, erpenses, obligations, liabilities, damages, recoveries and deficiencies including interest, penalties and reasonable attomeys' fees, that Lendtord and Towle Real Estate Company, shatl incw or suffer> wLich arise, result from, or relete in any way to the undersigned'a use of said � Praruses. The undersigned undustands end agrees thet the Landbrd and To�vle Real Estete Company, have made no wazranties or representations, cxpress or implicd, with respect to the condition or sultabiliry of said Prcmises or any equipmcnt or personsl property used in connection thezewith. Tenant shall provide to �ndl�ord d ing the tem� hereof and shall keep in fuil force and effec[ a� its solc cost and eapense policy or policies of public liabiliry insurance and property damsge insurance ageinst all claims For bodity injury, death or propoRy damage occurring upon or about thc perty, in the amount of F1VE HUNDRED THOUSAND AND NO/]00 DOLLARS (SS00,000.00), in eech case nsming Laudlord and Towle Rcal Estate Company ae addirional insived under said policy. � �. �•� ( i - ��;�, � � . -% = i � 9) TRADE FIXTURES AND PERSONqI, PROPERTY: Tenant may install in tLe Premises its � usual trade fSxtures and personel property in a proper manner. No such installation shall .�� interfere with or demage the shuctwe of the Property or its mechanical or electrica) systems, � 10) CONDITION & CARE OF PREMISES� Yenant sha11 no[ meke or cause to be made any alterations, physical edditions or improvements in or to the Premises without obtaining Landlord's prior wrimn consenc On thc last day of the Lease Tami or in the event of en earlier terminadun hereof, Tcnsnt sl�all peaceably surrender the Pranisas to Landlord bcoom clean and in good order, condidon and repair. At the time of such ewrender, Tenant shall remove from Premises all pea'sonal properry and moveable Vade firwres wltich wery pwchasad and installed by Tenant; provided, however, �hat Tenant shall not remove any such property if Tenant is thrn in default under said I.easa If e dofault exists at the expiradon or earlior taminerion of eaid Lease, Landlord shell have a possessory lien on all'�enant's personal property and trade fixhues as securiry against loss or damage resutting from any such default, end such property shall not be removed by Tenant unril the default i9 cured. Any damage to the Pr�mises or Properry, csused by Tcnant in moving its propecty either in, out or witlwi thc Premises or Property shall be repaired by Tenant at its sole cost and espense. If Tenant fails to remove euch property or repair such damage in a timely mannu, Landlord may do so end may charge tF�e cost thereof to Ten9nt, and Tenant shal! pay ihe same upon demand. Except for personal property and moveable trade fiatures purchased and insmlled by Tenant, the titic ro all improvements, repaits, �xed flooring and carpedng, hea6ng and air conditioning equipment and fiamves which have been inatalled by or at the expense of either Landlord or Trnant in or upon the Premises sBall vest in Landlord upon the installation thereof, and possession dicrrnf shsll be surrendered with the Premises without chargc ro Landlord. 11) 12) ASSIGNMENT: Tenent shall not assign its interest under said Lease without the prior writtcn conseni of the Landlord. ...,_.��.......��.... �--� --•.°_• _ -- 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 04 1��SJV� I � 13) � 14) i � 15) i i 16) ` 1'n i � I S) � 19) 20) � i � � � .� ACCESS BY LANDLORD: Tenant a�ees to pertnit Landlord or its agcn[s end/or ropresenrativ�es m cnter into and upon any part of the Premises during all suitable hours to inspect the same, clean, make repairs, alterations or addirions thaeco or show the Premiscs m prospective lessees, purchasers or othcrs, or for atry othar raaeoneble pwposcs as Landlord may deem nectssery or desirable. Landlord ahail, except in an emergcnry, give Tenent reasonable notice prior m such entry. No such cntry shall consriNte an evic6on or enritle Tenant to eny abatement of rent, operating cosu, or any othu sums due under aeid Lease. DEFAULT: Upon brcach of any wvenant of this Lcasc by Tenant, Iandlord may immediately tersninate this Lcase by giving notice pursuant to Pazagraphs S apd 6. Should Landlord at any ame temunate said lease for any breach, it may recovcr &om Tenent any and elI demeges incwred by reason of such breach, including but not limited to, the cost of tecovtring Premises, reasonable attomeys' fees and tlx value ec thc timc nf such termination of any rent and other charges payable for the remainder of term of said L.ease, which shell be immediately due and payable from Tenanc to Lendlord. GUARANI'Y: "Ihe undersigned guaranror hereby, absolutely, unconditionelly and izrevacably guazantees W I.aadlord the 1L11 and complete perfocmance of any end all of the Tensnt's covenents and obligations under said Lcase and the full payment by'C�nant of any and all charges end amounts required ro be paid hereunder. The undersigncd guarantor shell also pay say and a11 Landlord's expenses, including, but not limittd to, attomev s fees, incuned in enforcing the obliga[ions of Tenant under said Lease or in enfacing this guaranry. DAMAGE OR DESTRUCTION: In tho event of damage to or destruction of all or any part of [he Premises, the rig3�t of Tenant to occupancy shall immediately terminate and any obligarion of Landlord arising hueundu sAail cessc. TNTEGRAI'ION: 71�is short tcrm Lcase Agreement and the F,�chibits attached hereW and by teference made a part hereof constimte the complere agreement between Landlord and Tenant conceming the Premises and the Properry. There are no o�ai a�reements, understandings, promises or rcpresentations behveen Landlord end Tenant affecting said Leaso. Any and alI pzior negotiations end understandings between Lendlord end Tenent shsll have no force or effect. RFT,ATIONSHIP: The relationship between die parpes hereto shall, a[ ali cimes, be that of Landlord and Tenent, end Tenent is not to be daemed ot considerod at any 6me as agent of Landlord, nor in any sense a joint venturer of Landlord. MISCELLANEOUS� The captions of the paragraphs of said Lease are for convenience only, and shall not be considered or re£ared to conceming quesdons of intapreration or canatruction. LEASEHOLD IMPROVEMENTS: NONE - Tenant ahall take premises in "AS IS" conditian lt�i ut��!�� ^-��`.Qan� c�ea� ca�,�> °u -,�- _` �`t�°'� lm��}� �-8`�` y (�-g�._.� c�� "'O �. r,r�R?i� `n,.��/�.-� b 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PAGE 05 q�-�gy d this Ageement to be execwed on the day and year first (Landlord) Prini (Pcint Name) By � - m �,� �� , 05/16/1997 11:50 6122210236 ' LOWf2Y �PQQFESSIONAL BtJILDING TOWLE R�4L ESTATE 350 SAINT PETER ST. - SUITE 748 ST.PAUL, h,IN 55102 t,� - TOWLE REAL ESTATE EXHIBIT ",Q".. : :� PAGE 06 (�rl _ ��e 6UIT� 300A `f THIRD FLOOR a95507.000 10/1719b � � i ��X E � X E SARCHITECTS � n c o r p o r a t e d , f•�iZ:i1►_Rj 417 Washinqton Avenue N 202 Minneopolis, Minnesoto 55401 tet 612.339.8572 fox 612,339.8955 3 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 07 l� � � EXHIBIT B LOWRY PROFESSIONAL BUILDING RULES AND REGULATIONS 1. � No awning or other projection shail be attached to the outside walls of the Leased Premises or the� Project. No curteins, blinds, shades or screens visible from the eycterior of the Project shall be attacl�ed to or hung in, or used in connection with the Leased Premises without the prior written conse�t of Lessor. Such curtains, blinds, shades, screens or other fixtures must be of a quality, rype, desig� and color, and attached in the matter approved by Lessor. 2. � Tenant, its servants, employees, agents, representatives, customers, invitees and guests shal! not obstruct sidewalks, driveways, entrances, passages, corridors, vestibules, halis, elevators and srauw�ays in and about the Project which are used in common with other teaants and their servants, emplqyees, agents, representatives, customers, guests and invitees, and which are not a part of the I.eased Premises. Tenant shall not place objects against partitions or doors or windows which would be un{ightly from the Project comdors or from the exterior of the Project, and will promptly remove any s�jch objects upon notice from Lessor. Tenant, its servants, employees, agents, representauves, custo�ners, invitees and guests sha11 not go upon the roof or mechanical floors of the Project. I 3. � Tenant shall not make noises, cause disturbances or vibrations or use or operate any electrical or el�tronic devices that emit sound or other waves or disturbances or create odors, any of which may �� offensive to the other tenants and occupants of the Projact, or that woold interfere with the oper�`ting of any device, equipment, radio television broadcasting or reception from or within the Pro�e�t or elsewhere, and shall not place or install eny projections, antennas, aerials or similar devices inside or outside of the Leased Premises or on the Project, and shall not bring animals into, or allow anim�ls to he brought into, the Project, without prior written consent of Lessor. 4. No person or conuactor not employed by the Lessor shall be used to perform janitorial work, windr�w washing, cleaning, maintenance, repair or similar work in the Leased Premises without the prior {written consent ofthe Lessor. � 5. � Lessor shall have the right to prohibit any advertising by Tenant which in Lessoz's reasonable opinidn tends to impait the reputation of the Project or its desirability for office use, and upon written noticg from Lessor, Tenant shall refrain from or discontinue such advertising. 6. � No portion of the buiJding shall be used for the purpose of lodging rooms or for any immont or un�awful purposes. I 7. � 7enant, its servants, employees, agents, representatives, customers, invitees and guests shall 65/i6/1997 i1:50 6122210236 TOWLE REAL ESTATE PAGE 08 ' ��- (o8y I i not p� k on Project driveways, publicly dedicated streets and alleys or azeas directly adjacent to Proje -�t entrances where prohibited. 8. � Tenant shall furnish and utilize masonite or plastic chair pads under desk chavs. 9. i Nothing to be attached to tenant suite doors. 10. I Tenant shall use picture hangers provided by building for any items to be hung on walls. i i i. � Lessor reserves the right in its sole judgement to pre-approve all plans and specifications and Ten � t will refec all approved contractors, contractors' representatives and installation technicians rend�ring any service on or to the premises for Tenant to Lessor for Lessor's approval and supervis�on before performance of any contractual service This provision shall apply to all work perfotmed in the Building, including installation of telephone, telegraph equipment, electrical devices and a�tachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilin�s, equipment or any other physical portion of the Bui(ding. Such approval, if given, shall in no way e Lessor a party to any contract between Tenant and any such contractor, and Lessor shall have�io liability therefor. 12. � Lessor reserves the right at any time to take elevators out of service to Tenants for exclusive use b� the Building management in servicing the Building. i 13, Tenant shall ensure that deGveries of materials and supplies to the Leased Premises are made thro�,�Bh such enuances, elevators and corridors and at such times as may from time to time be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e in the building caused by any person making such deliveries. 14. � Tenant shail ensure the furniture and equipment being moved into or out of the Leased Prem�ses is moved through such entrances, elevators and corridors and at such times as may be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e to the Building caused thereby. 15. Tenant shall at aIl times conduct its business in a reputable manner as a quality retail estab ishment in accordance with the standards of the retail area and sha]! not conduct any fire, b � ptcy, goirlg out of business, moving, "Lost our Lease" or auction sales, either real or fictitious. I 16. � Tenant shall not give, sell, or offer for sale, or exhibit any article, thing, goods or services outsic�e the Premises or in the common areas without the prior written consent o£Lessor, which may be wi k hheld or grarrted according to Lessor's sole discretion. 17. � Unless specifically provided herein and then only upon strict compliance with such provisions, Tena�t sha11 not manufacture, distribute, store, sell or give away any atcoholic liquor. `� 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 09 1 ! - �O� 18. � Tenant will comply with all requirements for state, municipal or oYher govesnmerrtal inspe�Ctions, licenses and pemuts and will promptly pay all prope� fees and charges in connection there1vith, failing which Lessor may, but need not, pay any and all such fees and charges for the acco�nt of Tenant. 19. Tenant shall keep all entrances, passages, couns, corridors, vestibules, halls, approaches, exiu, elevators and steinvays free from all obstructions of every land and from ashes, garbage, litter and r�se of every kind and in a clean and sanitary condition. 20. ' If Tenam fumishes heat, Tenant shall maintain the temperature in the Premises high enough to prel�ent the freering of water in plumbing fixtures and a11 other damage caused by low temperature. 21. ' Unless Lessor gives advance written consent, neither Tenant nor any trustee, receiver, assig�ee or any other person acting for or on behalf of Tenant, Tenant's estate or creditors, sha11 cond�ct an auction on the Premises. 22. Tenant shall occupy the Premises upon the Lesse Commencement Date and thereafter will contir�uously conduct its business in 100% of the Premises in strict accordance with the Permitted Uses,�for such hours of operation as shali be detertnined and established exclusively by Lessor. 23. Tenazrt shall not conduct itself in any manner which is inconsistent with the character of the Buildi}�g as a first quality building or which will impair the comfort and convenience of other tenants in thelBuilding. � 24. � In these Rules and Regulations, Tenant includes the employees, agents, invitees, and licensees of Te�hant aad others permitted by Tenant to use or occupy the Leased Pzemises. E] Return copy to: J R eal Es tate Division 140 City Hall �..,' � ° F -_ . E �` � E.�,. ; • , ._. . � �� Rek'erred RESOLUTION OF T PAUL, MINNESOTA Committee: Dafe Council F7ile # �� - �y Green Sheet � �bv`�� , /, i BE TT RESOLVED, that the proper City officials aze hereby authorized and directed to execute z I,ease Agreement FMS/3, an eighteen month lease, on a month-to-month basis, of 4,208 square feet s of office space in the I,owry Professional Building for the Payroll Project. a � Adopted by Council: Date Adop�n Certified by C �Y � J � �.� � _ _N : Secretary Requested by Department of: Technolog,v & Management Services By: l-'�/ V lPa� I/\ Oti�Ja-�-r� v Directo�- Form Approved by City Attorney BY� ��l /�✓i_.sr��rv+-�- � ��/r57 Approvecyb_y�1 r Submis uncil By: \ � ? - � T.M.S./REAL ESTATE DIVISION �te: 5/19/97 Gr�n Sheet Number: 40049 Pe[sd� and PLone Nmlber: , � EPARTMENT DIBECIYIR 5 CI1X COi1NCII. Dave Nelson 266-8850 1 `" � UDGEYDII2ECTOR 3 FF10E OF FINANQAi, SVCS ost he on Coumal Agenda by: 4 YOR (OR ASSISLAN'1) 6 AL ESTAIE Dlt'ISSON OTAL # OF SIGNATURE PAGES 1 (CLII' ALL LOCATIONS FOR SIGNATURE) CTION REQUE5TED: To approve Lease Agreement FMSl3, a month-to-month lease of 4,205 square feet of office space in the Lowry Professional Building for the Payroll Project. Ref: 1. Resolution for approval; 2. Sample copy of Lease Agreement FMS/3. ��L �aY 2 � tss7 �n � � � COMI�;NDnTiONS: nPPROVE (e� OR RFJECT B) �ggpNAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . Has the perso��firm ever worked under a cmitract for Utis department? YES NO eia�v¢zc cohmasscox A scnae . Has this persodfirm ever been a City employee? YE5 NO CNS SERVICE COhUllSS[ON . Dces this person/firm possess a skill not nonnally possessed by any YES NO current City employee? cm conu.prre.e E lain alt YES answers on a se te sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL WARD(S� 2 DISfRICT PLANHING COUNCIL ��^� TIATING PROBI.T.M, ISSUE, OPPORTUNITY (Who, WLffi, When, Where, Why:�: The Payroll Project requires office space. �� VANTAGES IF APPROVED: �AV 1 9 ype� 7 We7 Lease Agreement FMS/3 would provide the needed space. �� ` �� - g��a��. 6�3t� ISADVANTAGES IF APPROVED: None ivi�-�� 2 3 ��T ISADVANTAGES IF NOT APPROVED: , - �..__.____.....,,..�..,.,...�....:.,�-..�:m'�" The Payroll Project would have to find alternative space. OTAL AMOi1NT OF TRANSACTION: ��184 � COSClREV�NUE BiJDC:ETED (CIItCLE O1VE) YFS NO mre souxcE: Citywide HR Payroll Project ACTIVITY NUMBEI2: ANCIAL INFORMATION: (EXPLAI� $44,184 represents 4,208 square feet at $7.00 per foot per year for a period of 18 mo�rths. q�-GPy SHORT TERM LEASE AGREEMENT TffiS SHORT TERM LEASE AGREEMENT ("Lease") is made as of the 16th day of�._ 1997 by and between Port Authoriri Citv of St. Paul ("Landlord"), and Citv of St. Paul ("Tenant"). WITNESSETH Landlord hereby agrees to Lease to Tenant and Tenant hereby agrees to rent from Landlord certain space witbin the property known as Lowrv Professional Buildin� ,("Property") as outliued on floor plan in E�ibit A ("Premises") which is attached hereto and by reference made a part hereof. IN CONSIDERATION THEREOF, Landlord and Tenant mutually agree as follows: 1) TERM: Said Lease is for a temi of Month to Month commencing June 1 1997 2) RENT: Tenant agrees to pay Landlord, no later than the first of the month, rent at the rate of $7.00 oer sauare foot . 3) PREMISES: Suite 300A consisting of 5,791 useable square feet. Tenant shall lease and occupy only the 4,208 square feet outlined on Exhibit "A° Any addirional square footage encroached upon by Lessee shall be added to the square footage leased and Tenant shall be chazged accordingly. 4) PERMITTED USE: Tenant shall allow no improper or unlawful use of the Premises. Tenant shall not do nor permit to be done upon the Premises anything which may in any way create a nuisance or injure the reputation of ttte Premises or the Property of which the Premises forms a part, and shall not commit nor suffer waste thereon. 5) NOT'ICE: Any norice required to be given hereunder shall be in writing and shall be served either personally or by first class mail, postage prepaid, at the following addresses: landlord: Port Authority of the Ciry of St. Paul C/O Towle Real Estate Company, as agent 350 St. Peter Street #748 St. Paul, MN 55102 TENANT: City of St. Paul Real Estate Division 140 City Hall St. Paul, MN 55102 The address for each party may be changed by such pazty by written norice mailed or delivered to the other parry stating the new address in full. 6) TERMINATION: This agreement may be ternvnated by Landlord for any reason upon flurty (30) days written notice Tenant. In the event of default, tlus agreement may be termivated upon five (10) days written notice to Tenant. q�-G�y � RLTLES: Tenant shall abide by any and all cuirent operating rules and any and aLl future operating rules Landlord feels necessary to unplement. A copy of said current operating niles is attached hereto as E�ibit B and by reference made a part hereof. 8) INDEMNIFICATION: In consideration of the use of the Premises, the undersigned hereby agrees to indemuify, defend and hold hannless the Landlord and Towle Reat Estate Company, managing agenu for Landtord, against and in respect of any and all claims, demands, losses, costs, expenses, obligarions, liabiliries, dvuages, recoveries and deficiencies, including interest, penalties and reasonable attorneys' fees, that Landlord and Towle Real Estate Company, shall incur or suffer, wlrich arise, result from, or relate in any way to the undersigned's use of said Premises. The undersigned understands and agrees that the Landlord and Towle Real Estate Company, have made no wazranries or representarions, eapress or implied, with respect ro the condiuon or suitability of said Premises or any equipment or personal properry used in connection therewith. Tenant shall provide to Landlord during the terni hereof and shall keep in full force and effect at its sole cost and expense, a policy or policies of public liability insurance and property damage insurance against all clanns for bodily injury, death or property damage occurring upon or about the Properry, in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), in each case naming Landlord and Towle Real Estate Company as addirional insured under said policy. 9) TRADE FIXTURES AND PERSONAL PROPERTY: Tenant may install in the Premises its usual trade fix[ures and personal properry in a proper mannet No such installation shall interfere with or damage the structure of the Properry or its mechanical or elechical systems. 10) CONDITION & CARE OF PREMISES: Tenant sha11 not make or cause to be made any alteralions, physical additions or improvements in or to the Fremises without obtaining Landlord's prior written consent. On the last day of the Lease Term or in the event of an earlier tennn�adon hereof, Tenant shall peaceably sunender the Premises to Landlord broom clean and in good order, condition and repair. At the time of such surrender, Tenant shall remove &om Premises all personal properry and moveable trade fixtures which were purchased and installed by Tenant; provided, however, that Tenant shall not remove any such property if Tenant is then in default under said Lease. If a default exists at the eapirarion or eazlier tern�ination of said Lease, Landlord shall have a possessory lien on all Tenant's personal property and trade fixtures as securiry against loss or damage resulting from any such default, and such properry shall not be removed by Tenant unril the default is cured. Any damage to the Premises or Property, caused by Tenant in moving its proper[y either in, out or within the Premises or Property shall be repaired by Tenant at its sole cost and expense. If Tenant fails to remove such properry or repair such damage in a timely manner, Landlord may do so and may chazge the cost thereof to Tenant, and Tenant shall pay the saxne upon demand. Except for personal property and moveable trade fixtures purchased and installed by Tenant, the vtle to all improvemenu, repairs, affixed flooring and carpeting, heating and air condirioning equipment and fixhires which have been installed by or at the eapense of either Landlord or Tenant in or upon the Premises sha11 vest in Landlord upon the installation thereof, and possession thereof sha11 be sucrendered with the Premises without chazge to Landlord. 11) ASSIGNMENT: Tenant shall not assign its interest under said L,ease without the prior written consent of the Landlord. . . .. 4�-G�� ,,, . . , „ ,., . , , ' - •�wu.�a�m-�:r.mia,�nnnnb�� i�nonu��uir•mevr.n � 13) ACCESS BY LANDLORD: Tenant agrees to permit Landlord or its agenu and/or representallves to earer into and upon any part of the Pzemises dunng all suibble houis to inspect the same, clean, make repairs, alterations or additions thereto or show the Premises to prospective lessees, purchasers or others, or for any other reasonable puiposes as Landtord may deem necessary or desirable. Landlord shall, except in an emergency, give Tenant reasonable notice prior to such entry. No such entry sball constitute an eviction or entifle Tenant to any abatement of rent, operating cosu, or any other sums due under said Lease. 14) DEFAULT: Upon breach of any covenant of this Lease by Tenant, Landlord may immediately teruiinate this Lease by giving noUce pursuant to Pazagraphs 5 and 6. Should Landlord at any time termivate said lease for any breach, it may recover from Tenant any and all damages inciured by reason of such breacl�, including but not limited to, the cost of recovering Premises, reasonable attorneys' fees and the value at the time of such tern�inarion of any rent and other charges payable for the remainder of temi of said Lease, which shall be immediately due and payable from Tenant to Landlord. 15) GUARANTY: 1'he undersigned guazantor hereby, absolutely, uncondirionally and irrevocably guarantees to Landlord the full and complete performance of any and all of the TenanPs covenants and obligations under said Lease and the fiill payment by Tenant of any and all charges and amounts required to be paid hereunder. The undersigned guazantor shall also pay any and all Landlord's expenses, including, but not Innited to, attorney's fees, incurred in enforcing the obligations of Tenant under said Lease or in enforcing this guaranty. 16) DAMAGE OR DESTRUCTION: In the event of damage to or deshucrion of all or any part of the Premises, the right of Tenant to occupancy shall immediately termivate and any obligation of Landlord arising hereunder shall cease. 1� INTEGRATION: This short term Lease Agreement and the Eachibits attached hereto and by reference made a part hereof consritute the complete agreement between Landlord and Tenant concerning the Premises and the Property. There aze no oral agreements, understandings, promises or xepresentarions between Landlord and Tenant affecting said L,ease. Any and all prior negotiarions and understandings between Landlord and Tenant shall have no force or effect. 18) RELATIONSHIP: The relationship between the parties hereto shall, at all times, be that of Landlord and Tenant, and Tenant is not to be deemed or considezed at any time as agent of Landlord, nor in any sense a joint venturer of Landlord. 19) MISCELLANEOUS: The captions of the paragraphs of said Lease aze for convenience only, and shall not be considered or referred to conceruiug quesrions of interpretation or construcUon. 20) LEASEHOLD IMPROVEMENTS: NONE - Tenant shall take premises in "AS IS" condirion, not withstanding that the Landlord will replace damaged ceiling riles, spot clean soiled walls, and enswe all lights are operational. a�t - Gs�y 21) RIGHT OF FIRST REFUSAL: Should Landlord receive at any time during Tenant's Month to Month occupancy , a bonafide offer to lease 300A either in part or in whole, (provided Tenant is not in default) Tenant shall have a one time right to meet or beat said offer. Landlord shall provide written notice of such an offer and Tenant shall have (5) five business days to respond. In the event Tenant declines or fails to elect to lease such space, then the Right of First Refusal hereby granted shall automatically terniinate and shall thereafter be null and void. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ST. PAUL Print (Print Name) Department (Siguabire) FSO Director PORT AUTHORITY OF THE CITY OF ST. PAUL (Print Name) By City Attomey 05/16/1997 11:50 6122210236 � a � I � THIS SHORT TERM LEASE by TOWLE REAL ESTATE LSASE PAGE 02 q� ` ��y � � � �� ,v�� E` � L ") is made as of the }� day of M_ aY_ 1997 �a ..CC. n,.,.l T �rnr.¢na Lnanrr[j e �A �� `�s-�-�-`�i��.�-�-- i ' ITNSSSETH i � Landlord hereby agrees to Lease w T enent hereby egrces to rrnt from Landlord certaix� space within �[he properry lrnown as Lo si ,("Property") as outlined on floor plan in Exhibi[ A ("Pr ses") which is adached hereto end by re£aen de a patt hereof IN CONSIDERATION THEREOF. Landlord end Tc t mutually agrco as follows: 1} , 2) i 3) TERM: Said Ltase is for a term of M M a RENT: Tenent agr�es , and or later than fires PREMISES: S'te 300A consisang o S 1 useable only the 4,20 square fcet oudine xhibic "A" f� upon by Lesse shall be ed c squere foorege 1 accordingly. 4) PERMITTED U�a shall not do nor p nuisance or injure the repu part, and sha(t not commit ' S) NOTICE: Any nodce reqw to be � either personally or by tirs lass mail, Port Authoriry of the Ciry of St. Paul C/O Towle Real Estate Compeny, as egent 330 St. Peter Sacet #748 � St. Paul, MN 55102 City of St. Peul shall bc in wriring end st�all be �at the following addresses: N�� 1 �o {� � - . � SSlO�, �� The addross for each perry mey be clinnged by such perty by written naice mailed or delivercd to the ocher ! pany stating the new address in full. ; , � 6) TERMINATION: 'lhis agree�nen[ may bc temtinared by LanNord for any reason upon thirty (30) days wriaen notice Tcnant. In die event of default, this agrocment may be taminsted upon fiv��) daya written notice to Tenant. � �� L �� and Iune 1. 1997 th, rmt at the rate of � nant shall lease u � quaro foomge cxoachcd t shall bc ged � no improper or unlawfiil use of tbe P nuses. Tenant the Premises anything which may in way cr a �cs or the Property of which the P s a 05/16/1997 1i:50 � ,� PAGE 03 ��-�� 6122210236 TOWLE REAL ESTATE RULES: Tenant shatl abide by any and ail currcnt operating rules and any and all future operaung niles Landlord fcels necessary to implement. A copy of said cxurent operating niles is etteched hereto as Fachibit B and by reforence made a part hereof: 8) 1NDEMNIFICATION: In considcration of the use of the Prcmises, the undasigped hereby agrees ro indcmnify, defend and hold hatmloss tl�e Landlord end Towle Rea! Estate Company, managing agents for Landlord, egainst end in respect of eny and all claims, demands, losses, costs, erpenses, obligations, liabilities, damages, recoveries and deficiencies including interest, penalties and reasonable attomeys' fees, that Lendtord and Towle Real Estate Company, shatl incw or suffer> wLich arise, result from, or relete in any way to the undersigned'a use of said � Praruses. The undersigned undustands end agrees thet the Landbrd and To�vle Real Estete Company, have made no wazranties or representations, cxpress or implicd, with respect to the condition or sultabiliry of said Prcmises or any equipmcnt or personsl property used in connection thezewith. Tenant shall provide to �ndl�ord d ing the tem� hereof and shall keep in fuil force and effec[ a� its solc cost and eapense policy or policies of public liabiliry insurance and property damsge insurance ageinst all claims For bodity injury, death or propoRy damage occurring upon or about thc perty, in the amount of F1VE HUNDRED THOUSAND AND NO/]00 DOLLARS (SS00,000.00), in eech case nsming Laudlord and Towle Rcal Estate Company ae addirional insived under said policy. � �. �•� ( i - ��;�, � � . -% = i � 9) TRADE FIXTURES AND PERSONqI, PROPERTY: Tenant may install in tLe Premises its � usual trade fSxtures and personel property in a proper manner. No such installation shall .�� interfere with or demage the shuctwe of the Property or its mechanical or electrica) systems, � 10) CONDITION & CARE OF PREMISES� Yenant sha11 no[ meke or cause to be made any alterations, physical edditions or improvements in or to the Premises without obtaining Landlord's prior wrimn consenc On thc last day of the Lease Tami or in the event of en earlier terminadun hereof, Tcnsnt sl�all peaceably surrender the Pranisas to Landlord bcoom clean and in good order, condidon and repair. At the time of such ewrender, Tenant shall remove from Premises all pea'sonal properry and moveable Vade firwres wltich wery pwchasad and installed by Tenant; provided, however, �hat Tenant shall not remove any such property if Tenant is thrn in default under said I.easa If e dofault exists at the expiradon or earlior taminerion of eaid Lease, Landlord shell have a possessory lien on all'�enant's personal property and trade fixhues as securiry against loss or damage resutting from any such default, end such property shall not be removed by Tenant unril the default i9 cured. Any damage to the Pr�mises or Properry, csused by Tcnant in moving its propecty either in, out or witlwi thc Premises or Property shall be repaired by Tenant at its sole cost and espense. If Tenant fails to remove euch property or repair such damage in a timely mannu, Landlord may do so end may charge tF�e cost thereof to Ten9nt, and Tenant shal! pay ihe same upon demand. Except for personal property and moveable trade fiatures purchased and insmlled by Tenant, the titic ro all improvements, repaits, �xed flooring and carpedng, hea6ng and air conditioning equipment and fiamves which have been inatalled by or at the expense of either Landlord or Trnant in or upon the Premises sBall vest in Landlord upon the installation thereof, and possession dicrrnf shsll be surrendered with the Premises without chargc ro Landlord. 11) 12) ASSIGNMENT: Tenent shall not assign its interest under said Lease without the prior writtcn conseni of the Landlord. ...,_.��.......��.... �--� --•.°_• _ -- 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 04 1��SJV� I � 13) � 14) i � 15) i i 16) ` 1'n i � I S) � 19) 20) � i � � � .� ACCESS BY LANDLORD: Tenant a�ees to pertnit Landlord or its agcn[s end/or ropresenrativ�es m cnter into and upon any part of the Premises during all suitable hours to inspect the same, clean, make repairs, alterations or addirions thaeco or show the Premiscs m prospective lessees, purchasers or othcrs, or for atry othar raaeoneble pwposcs as Landlord may deem nectssery or desirable. Landlord ahail, except in an emergcnry, give Tenent reasonable notice prior m such entry. No such cntry shall consriNte an evic6on or enritle Tenant to eny abatement of rent, operating cosu, or any othu sums due under aeid Lease. DEFAULT: Upon brcach of any wvenant of this Lcasc by Tenant, Iandlord may immediately tersninate this Lcase by giving notice pursuant to Pazagraphs S apd 6. Should Landlord at any ame temunate said lease for any breach, it may recovcr &om Tenent any and elI demeges incwred by reason of such breach, including but not limited to, the cost of tecovtring Premises, reasonable attomeys' fees and tlx value ec thc timc nf such termination of any rent and other charges payable for the remainder of term of said L.ease, which shell be immediately due and payable from Tenanc to Lendlord. GUARANI'Y: "Ihe undersigned guaranror hereby, absolutely, unconditionelly and izrevacably guazantees W I.aadlord the 1L11 and complete perfocmance of any end all of the Tensnt's covenents and obligations under said Lcase and the full payment by'C�nant of any and all charges end amounts required ro be paid hereunder. The undersigncd guarantor shell also pay say and a11 Landlord's expenses, including, but not limittd to, attomev s fees, incuned in enforcing the obliga[ions of Tenant under said Lease or in enfacing this guaranry. DAMAGE OR DESTRUCTION: In tho event of damage to or destruction of all or any part of [he Premises, the rig3�t of Tenant to occupancy shall immediately terminate and any obligarion of Landlord arising hueundu sAail cessc. TNTEGRAI'ION: 71�is short tcrm Lcase Agreement and the F,�chibits attached hereW and by teference made a part hereof constimte the complere agreement between Landlord and Tenant conceming the Premises and the Properry. There are no o�ai a�reements, understandings, promises or rcpresentations behveen Landlord end Tenant affecting said Leaso. Any and alI pzior negotiations end understandings between Lendlord end Tenent shsll have no force or effect. RFT,ATIONSHIP: The relationship between die parpes hereto shall, a[ ali cimes, be that of Landlord and Tenent, end Tenent is not to be daemed ot considerod at any 6me as agent of Landlord, nor in any sense a joint venturer of Landlord. MISCELLANEOUS� The captions of the paragraphs of said Lease are for convenience only, and shall not be considered or re£ared to conceming quesdons of intapreration or canatruction. LEASEHOLD IMPROVEMENTS: NONE - Tenant ahall take premises in "AS IS" conditian lt�i ut��!�� ^-��`.Qan� c�ea� ca�,�> °u -,�- _` �`t�°'� lm��}� �-8`�` y (�-g�._.� c�� "'O �. r,r�R?i� `n,.��/�.-� b 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PAGE 05 q�-�gy d this Ageement to be execwed on the day and year first (Landlord) Prini (Pcint Name) By � - m �,� �� , 05/16/1997 11:50 6122210236 ' LOWf2Y �PQQFESSIONAL BtJILDING TOWLE R�4L ESTATE 350 SAINT PETER ST. - SUITE 748 ST.PAUL, h,IN 55102 t,� - TOWLE REAL ESTATE EXHIBIT ",Q".. : :� PAGE 06 (�rl _ ��e 6UIT� 300A `f THIRD FLOOR a95507.000 10/1719b � � i ��X E � X E SARCHITECTS � n c o r p o r a t e d , f•�iZ:i1►_Rj 417 Washinqton Avenue N 202 Minneopolis, Minnesoto 55401 tet 612.339.8572 fox 612,339.8955 3 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 07 l� � � EXHIBIT B LOWRY PROFESSIONAL BUILDING RULES AND REGULATIONS 1. � No awning or other projection shail be attached to the outside walls of the Leased Premises or the� Project. No curteins, blinds, shades or screens visible from the eycterior of the Project shall be attacl�ed to or hung in, or used in connection with the Leased Premises without the prior written conse�t of Lessor. Such curtains, blinds, shades, screens or other fixtures must be of a quality, rype, desig� and color, and attached in the matter approved by Lessor. 2. � Tenant, its servants, employees, agents, representatives, customers, invitees and guests shal! not obstruct sidewalks, driveways, entrances, passages, corridors, vestibules, halis, elevators and srauw�ays in and about the Project which are used in common with other teaants and their servants, emplqyees, agents, representatives, customers, guests and invitees, and which are not a part of the I.eased Premises. Tenant shall not place objects against partitions or doors or windows which would be un{ightly from the Project comdors or from the exterior of the Project, and will promptly remove any s�jch objects upon notice from Lessor. Tenant, its servants, employees, agents, representauves, custo�ners, invitees and guests sha11 not go upon the roof or mechanical floors of the Project. I 3. � Tenant shall not make noises, cause disturbances or vibrations or use or operate any electrical or el�tronic devices that emit sound or other waves or disturbances or create odors, any of which may �� offensive to the other tenants and occupants of the Projact, or that woold interfere with the oper�`ting of any device, equipment, radio television broadcasting or reception from or within the Pro�e�t or elsewhere, and shall not place or install eny projections, antennas, aerials or similar devices inside or outside of the Leased Premises or on the Project, and shall not bring animals into, or allow anim�ls to he brought into, the Project, without prior written consent of Lessor. 4. No person or conuactor not employed by the Lessor shall be used to perform janitorial work, windr�w washing, cleaning, maintenance, repair or similar work in the Leased Premises without the prior {written consent ofthe Lessor. � 5. � Lessor shall have the right to prohibit any advertising by Tenant which in Lessoz's reasonable opinidn tends to impait the reputation of the Project or its desirability for office use, and upon written noticg from Lessor, Tenant shall refrain from or discontinue such advertising. 6. � No portion of the buiJding shall be used for the purpose of lodging rooms or for any immont or un�awful purposes. I 7. � 7enant, its servants, employees, agents, representatives, customers, invitees and guests shall 65/i6/1997 i1:50 6122210236 TOWLE REAL ESTATE PAGE 08 ' ��- (o8y I i not p� k on Project driveways, publicly dedicated streets and alleys or azeas directly adjacent to Proje -�t entrances where prohibited. 8. � Tenant shall furnish and utilize masonite or plastic chair pads under desk chavs. 9. i Nothing to be attached to tenant suite doors. 10. I Tenant shall use picture hangers provided by building for any items to be hung on walls. i i i. � Lessor reserves the right in its sole judgement to pre-approve all plans and specifications and Ten � t will refec all approved contractors, contractors' representatives and installation technicians rend�ring any service on or to the premises for Tenant to Lessor for Lessor's approval and supervis�on before performance of any contractual service This provision shall apply to all work perfotmed in the Building, including installation of telephone, telegraph equipment, electrical devices and a�tachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilin�s, equipment or any other physical portion of the Bui(ding. Such approval, if given, shall in no way e Lessor a party to any contract between Tenant and any such contractor, and Lessor shall have�io liability therefor. 12. � Lessor reserves the right at any time to take elevators out of service to Tenants for exclusive use b� the Building management in servicing the Building. i 13, Tenant shall ensure that deGveries of materials and supplies to the Leased Premises are made thro�,�Bh such enuances, elevators and corridors and at such times as may from time to time be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e in the building caused by any person making such deliveries. 14. � Tenant shail ensure the furniture and equipment being moved into or out of the Leased Prem�ses is moved through such entrances, elevators and corridors and at such times as may be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e to the Building caused thereby. 15. Tenant shall at aIl times conduct its business in a reputable manner as a quality retail estab ishment in accordance with the standards of the retail area and sha]! not conduct any fire, b � ptcy, goirlg out of business, moving, "Lost our Lease" or auction sales, either real or fictitious. I 16. � Tenant shall not give, sell, or offer for sale, or exhibit any article, thing, goods or services outsic�e the Premises or in the common areas without the prior written consent o£Lessor, which may be wi k hheld or grarrted according to Lessor's sole discretion. 17. � Unless specifically provided herein and then only upon strict compliance with such provisions, Tena�t sha11 not manufacture, distribute, store, sell or give away any atcoholic liquor. `� 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 09 1 ! - �O� 18. � Tenant will comply with all requirements for state, municipal or oYher govesnmerrtal inspe�Ctions, licenses and pemuts and will promptly pay all prope� fees and charges in connection there1vith, failing which Lessor may, but need not, pay any and all such fees and charges for the acco�nt of Tenant. 19. Tenant shall keep all entrances, passages, couns, corridors, vestibules, halls, approaches, exiu, elevators and steinvays free from all obstructions of every land and from ashes, garbage, litter and r�se of every kind and in a clean and sanitary condition. 20. ' If Tenam fumishes heat, Tenant shall maintain the temperature in the Premises high enough to prel�ent the freering of water in plumbing fixtures and a11 other damage caused by low temperature. 21. ' Unless Lessor gives advance written consent, neither Tenant nor any trustee, receiver, assig�ee or any other person acting for or on behalf of Tenant, Tenant's estate or creditors, sha11 cond�ct an auction on the Premises. 22. Tenant shall occupy the Premises upon the Lesse Commencement Date and thereafter will contir�uously conduct its business in 100% of the Premises in strict accordance with the Permitted Uses,�for such hours of operation as shali be detertnined and established exclusively by Lessor. 23. Tenazrt shall not conduct itself in any manner which is inconsistent with the character of the Buildi}�g as a first quality building or which will impair the comfort and convenience of other tenants in thelBuilding. � 24. � In these Rules and Regulations, Tenant includes the employees, agents, invitees, and licensees of Te�hant aad others permitted by Tenant to use or occupy the Leased Pzemises. E] Return copy to: J R eal Es tate Division 140 City Hall �..,' � ° F -_ . E �` � E.�,. ; • , ._. . � �� Rek'erred RESOLUTION OF T PAUL, MINNESOTA Committee: Dafe Council F7ile # �� - �y Green Sheet � �bv`�� , /, i BE TT RESOLVED, that the proper City officials aze hereby authorized and directed to execute z I,ease Agreement FMS/3, an eighteen month lease, on a month-to-month basis, of 4,208 square feet s of office space in the I,owry Professional Building for the Payroll Project. a � Adopted by Council: Date Adop�n Certified by C �Y � J � �.� � _ _N : Secretary Requested by Department of: Technolog,v & Management Services By: l-'�/ V lPa� I/\ Oti�Ja-�-r� v Directo�- Form Approved by City Attorney BY� ��l /�✓i_.sr��rv+-�- � ��/r57 Approvecyb_y�1 r Submis uncil By: \ � ? - � T.M.S./REAL ESTATE DIVISION �te: 5/19/97 Gr�n Sheet Number: 40049 Pe[sd� and PLone Nmlber: , � EPARTMENT DIBECIYIR 5 CI1X COi1NCII. Dave Nelson 266-8850 1 `" � UDGEYDII2ECTOR 3 FF10E OF FINANQAi, SVCS ost he on Coumal Agenda by: 4 YOR (OR ASSISLAN'1) 6 AL ESTAIE Dlt'ISSON OTAL # OF SIGNATURE PAGES 1 (CLII' ALL LOCATIONS FOR SIGNATURE) CTION REQUE5TED: To approve Lease Agreement FMSl3, a month-to-month lease of 4,205 square feet of office space in the Lowry Professional Building for the Payroll Project. Ref: 1. Resolution for approval; 2. Sample copy of Lease Agreement FMS/3. ��L �aY 2 � tss7 �n � � � COMI�;NDnTiONS: nPPROVE (e� OR RFJECT B) �ggpNAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . Has the perso��firm ever worked under a cmitract for Utis department? YES NO eia�v¢zc cohmasscox A scnae . Has this persodfirm ever been a City employee? YE5 NO CNS SERVICE COhUllSS[ON . Dces this person/firm possess a skill not nonnally possessed by any YES NO current City employee? cm conu.prre.e E lain alt YES answers on a se te sheet and attach. SUPPORTS WHICH COUNCII. OBJECTIVE? COUNCIL WARD(S� 2 DISfRICT PLANHING COUNCIL ��^� TIATING PROBI.T.M, ISSUE, OPPORTUNITY (Who, WLffi, When, Where, Why:�: The Payroll Project requires office space. �� VANTAGES IF APPROVED: �AV 1 9 ype� 7 We7 Lease Agreement FMS/3 would provide the needed space. �� ` �� - g��a��. 6�3t� ISADVANTAGES IF APPROVED: None ivi�-�� 2 3 ��T ISADVANTAGES IF NOT APPROVED: , - �..__.____.....,,..�..,.,...�....:.,�-..�:m'�" The Payroll Project would have to find alternative space. OTAL AMOi1NT OF TRANSACTION: ��184 � COSClREV�NUE BiJDC:ETED (CIItCLE O1VE) YFS NO mre souxcE: Citywide HR Payroll Project ACTIVITY NUMBEI2: ANCIAL INFORMATION: (EXPLAI� $44,184 represents 4,208 square feet at $7.00 per foot per year for a period of 18 mo�rths. q�-GPy SHORT TERM LEASE AGREEMENT TffiS SHORT TERM LEASE AGREEMENT ("Lease") is made as of the 16th day of�._ 1997 by and between Port Authoriri Citv of St. Paul ("Landlord"), and Citv of St. Paul ("Tenant"). WITNESSETH Landlord hereby agrees to Lease to Tenant and Tenant hereby agrees to rent from Landlord certain space witbin the property known as Lowrv Professional Buildin� ,("Property") as outliued on floor plan in E�ibit A ("Premises") which is attached hereto and by reference made a part hereof. IN CONSIDERATION THEREOF, Landlord and Tenant mutually agree as follows: 1) TERM: Said Lease is for a temi of Month to Month commencing June 1 1997 2) RENT: Tenant agrees to pay Landlord, no later than the first of the month, rent at the rate of $7.00 oer sauare foot . 3) PREMISES: Suite 300A consisting of 5,791 useable square feet. Tenant shall lease and occupy only the 4,208 square feet outlined on Exhibit "A° Any addirional square footage encroached upon by Lessee shall be added to the square footage leased and Tenant shall be chazged accordingly. 4) PERMITTED USE: Tenant shall allow no improper or unlawful use of the Premises. Tenant shall not do nor permit to be done upon the Premises anything which may in any way create a nuisance or injure the reputation of ttte Premises or the Property of which the Premises forms a part, and shall not commit nor suffer waste thereon. 5) NOT'ICE: Any norice required to be given hereunder shall be in writing and shall be served either personally or by first class mail, postage prepaid, at the following addresses: landlord: Port Authority of the Ciry of St. Paul C/O Towle Real Estate Company, as agent 350 St. Peter Street #748 St. Paul, MN 55102 TENANT: City of St. Paul Real Estate Division 140 City Hall St. Paul, MN 55102 The address for each party may be changed by such pazty by written norice mailed or delivered to the other parry stating the new address in full. 6) TERMINATION: This agreement may be ternvnated by Landlord for any reason upon flurty (30) days written notice Tenant. In the event of default, tlus agreement may be termivated upon five (10) days written notice to Tenant. q�-G�y � RLTLES: Tenant shall abide by any and all cuirent operating rules and any and aLl future operating rules Landlord feels necessary to unplement. A copy of said current operating niles is attached hereto as E�ibit B and by reference made a part hereof. 8) INDEMNIFICATION: In consideration of the use of the Premises, the undersigned hereby agrees to indemuify, defend and hold hannless the Landlord and Towle Reat Estate Company, managing agenu for Landtord, against and in respect of any and all claims, demands, losses, costs, expenses, obligarions, liabiliries, dvuages, recoveries and deficiencies, including interest, penalties and reasonable attorneys' fees, that Landlord and Towle Real Estate Company, shall incur or suffer, wlrich arise, result from, or relate in any way to the undersigned's use of said Premises. The undersigned understands and agrees that the Landlord and Towle Real Estate Company, have made no wazranries or representarions, eapress or implied, with respect ro the condiuon or suitability of said Premises or any equipment or personal properry used in connection therewith. Tenant shall provide to Landlord during the terni hereof and shall keep in full force and effect at its sole cost and expense, a policy or policies of public liability insurance and property damage insurance against all clanns for bodily injury, death or property damage occurring upon or about the Properry, in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), in each case naming Landlord and Towle Real Estate Company as addirional insured under said policy. 9) TRADE FIXTURES AND PERSONAL PROPERTY: Tenant may install in the Premises its usual trade fix[ures and personal properry in a proper mannet No such installation shall interfere with or damage the structure of the Properry or its mechanical or elechical systems. 10) CONDITION & CARE OF PREMISES: Tenant sha11 not make or cause to be made any alteralions, physical additions or improvements in or to the Fremises without obtaining Landlord's prior written consent. On the last day of the Lease Term or in the event of an earlier tennn�adon hereof, Tenant shall peaceably sunender the Premises to Landlord broom clean and in good order, condition and repair. At the time of such surrender, Tenant shall remove &om Premises all personal properry and moveable trade fixtures which were purchased and installed by Tenant; provided, however, that Tenant shall not remove any such property if Tenant is then in default under said Lease. If a default exists at the eapirarion or eazlier tern�ination of said Lease, Landlord shall have a possessory lien on all Tenant's personal property and trade fixtures as securiry against loss or damage resulting from any such default, and such properry shall not be removed by Tenant unril the default is cured. Any damage to the Premises or Property, caused by Tenant in moving its proper[y either in, out or within the Premises or Property shall be repaired by Tenant at its sole cost and expense. If Tenant fails to remove such properry or repair such damage in a timely manner, Landlord may do so and may chazge the cost thereof to Tenant, and Tenant shall pay the saxne upon demand. Except for personal property and moveable trade fixtures purchased and installed by Tenant, the vtle to all improvemenu, repairs, affixed flooring and carpeting, heating and air condirioning equipment and fixhires which have been installed by or at the eapense of either Landlord or Tenant in or upon the Premises sha11 vest in Landlord upon the installation thereof, and possession thereof sha11 be sucrendered with the Premises without chazge to Landlord. 11) ASSIGNMENT: Tenant shall not assign its interest under said L,ease without the prior written consent of the Landlord. . . .. 4�-G�� ,,, . . , „ ,., . , , ' - •�wu.�a�m-�:r.mia,�nnnnb�� i�nonu��uir•mevr.n � 13) ACCESS BY LANDLORD: Tenant agrees to permit Landlord or its agenu and/or representallves to earer into and upon any part of the Pzemises dunng all suibble houis to inspect the same, clean, make repairs, alterations or additions thereto or show the Premises to prospective lessees, purchasers or others, or for any other reasonable puiposes as Landtord may deem necessary or desirable. Landlord shall, except in an emergency, give Tenant reasonable notice prior to such entry. No such entry sball constitute an eviction or entifle Tenant to any abatement of rent, operating cosu, or any other sums due under said Lease. 14) DEFAULT: Upon breach of any covenant of this Lease by Tenant, Landlord may immediately teruiinate this Lease by giving noUce pursuant to Pazagraphs 5 and 6. Should Landlord at any time termivate said lease for any breach, it may recover from Tenant any and all damages inciured by reason of such breacl�, including but not limited to, the cost of recovering Premises, reasonable attorneys' fees and the value at the time of such tern�inarion of any rent and other charges payable for the remainder of temi of said Lease, which shall be immediately due and payable from Tenant to Landlord. 15) GUARANTY: 1'he undersigned guazantor hereby, absolutely, uncondirionally and irrevocably guarantees to Landlord the full and complete performance of any and all of the TenanPs covenants and obligations under said Lease and the fiill payment by Tenant of any and all charges and amounts required to be paid hereunder. The undersigned guazantor shall also pay any and all Landlord's expenses, including, but not Innited to, attorney's fees, incurred in enforcing the obligations of Tenant under said Lease or in enforcing this guaranty. 16) DAMAGE OR DESTRUCTION: In the event of damage to or deshucrion of all or any part of the Premises, the right of Tenant to occupancy shall immediately termivate and any obligation of Landlord arising hereunder shall cease. 1� INTEGRATION: This short term Lease Agreement and the Eachibits attached hereto and by reference made a part hereof consritute the complete agreement between Landlord and Tenant concerning the Premises and the Property. There aze no oral agreements, understandings, promises or xepresentarions between Landlord and Tenant affecting said L,ease. Any and all prior negotiarions and understandings between Landlord and Tenant shall have no force or effect. 18) RELATIONSHIP: The relationship between the parties hereto shall, at all times, be that of Landlord and Tenant, and Tenant is not to be deemed or considezed at any time as agent of Landlord, nor in any sense a joint venturer of Landlord. 19) MISCELLANEOUS: The captions of the paragraphs of said Lease aze for convenience only, and shall not be considered or referred to conceruiug quesrions of interpretation or construcUon. 20) LEASEHOLD IMPROVEMENTS: NONE - Tenant shall take premises in "AS IS" condirion, not withstanding that the Landlord will replace damaged ceiling riles, spot clean soiled walls, and enswe all lights are operational. a�t - Gs�y 21) RIGHT OF FIRST REFUSAL: Should Landlord receive at any time during Tenant's Month to Month occupancy , a bonafide offer to lease 300A either in part or in whole, (provided Tenant is not in default) Tenant shall have a one time right to meet or beat said offer. Landlord shall provide written notice of such an offer and Tenant shall have (5) five business days to respond. In the event Tenant declines or fails to elect to lease such space, then the Right of First Refusal hereby granted shall automatically terniinate and shall thereafter be null and void. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF ST. PAUL Print (Print Name) Department (Siguabire) FSO Director PORT AUTHORITY OF THE CITY OF ST. PAUL (Print Name) By City Attomey 05/16/1997 11:50 6122210236 � a � I � THIS SHORT TERM LEASE by TOWLE REAL ESTATE LSASE PAGE 02 q� ` ��y � � � �� ,v�� E` � L ") is made as of the }� day of M_ aY_ 1997 �a ..CC. n,.,.l T �rnr.¢na Lnanrr[j e �A �� `�s-�-�-`�i��.�-�-- i ' ITNSSSETH i � Landlord hereby agrees to Lease w T enent hereby egrces to rrnt from Landlord certaix� space within �[he properry lrnown as Lo si ,("Property") as outlined on floor plan in Exhibi[ A ("Pr ses") which is adached hereto end by re£aen de a patt hereof IN CONSIDERATION THEREOF. Landlord end Tc t mutually agrco as follows: 1} , 2) i 3) TERM: Said Ltase is for a term of M M a RENT: Tenent agr�es , and or later than fires PREMISES: S'te 300A consisang o S 1 useable only the 4,20 square fcet oudine xhibic "A" f� upon by Lesse shall be ed c squere foorege 1 accordingly. 4) PERMITTED U�a shall not do nor p nuisance or injure the repu part, and sha(t not commit ' S) NOTICE: Any nodce reqw to be � either personally or by tirs lass mail, Port Authoriry of the Ciry of St. Paul C/O Towle Real Estate Compeny, as egent 330 St. Peter Sacet #748 � St. Paul, MN 55102 City of St. Peul shall bc in wriring end st�all be �at the following addresses: N�� 1 �o {� � - . � SSlO�, �� The addross for each perry mey be clinnged by such perty by written naice mailed or delivercd to the ocher ! pany stating the new address in full. ; , � 6) TERMINATION: 'lhis agree�nen[ may bc temtinared by LanNord for any reason upon thirty (30) days wriaen notice Tcnant. In die event of default, this agrocment may be taminsted upon fiv��) daya written notice to Tenant. � �� L �� and Iune 1. 1997 th, rmt at the rate of � nant shall lease u � quaro foomge cxoachcd t shall bc ged � no improper or unlawfiil use of tbe P nuses. Tenant the Premises anything which may in way cr a �cs or the Property of which the P s a 05/16/1997 1i:50 � ,� PAGE 03 ��-�� 6122210236 TOWLE REAL ESTATE RULES: Tenant shatl abide by any and ail currcnt operating rules and any and all future operaung niles Landlord fcels necessary to implement. A copy of said cxurent operating niles is etteched hereto as Fachibit B and by reforence made a part hereof: 8) 1NDEMNIFICATION: In considcration of the use of the Prcmises, the undasigped hereby agrees ro indcmnify, defend and hold hatmloss tl�e Landlord end Towle Rea! Estate Company, managing agents for Landlord, egainst end in respect of eny and all claims, demands, losses, costs, erpenses, obligations, liabilities, damages, recoveries and deficiencies including interest, penalties and reasonable attomeys' fees, that Lendtord and Towle Real Estate Company, shatl incw or suffer> wLich arise, result from, or relete in any way to the undersigned'a use of said � Praruses. The undersigned undustands end agrees thet the Landbrd and To�vle Real Estete Company, have made no wazranties or representations, cxpress or implicd, with respect to the condition or sultabiliry of said Prcmises or any equipmcnt or personsl property used in connection thezewith. Tenant shall provide to �ndl�ord d ing the tem� hereof and shall keep in fuil force and effec[ a� its solc cost and eapense policy or policies of public liabiliry insurance and property damsge insurance ageinst all claims For bodity injury, death or propoRy damage occurring upon or about thc perty, in the amount of F1VE HUNDRED THOUSAND AND NO/]00 DOLLARS (SS00,000.00), in eech case nsming Laudlord and Towle Rcal Estate Company ae addirional insived under said policy. � �. �•� ( i - ��;�, � � . -% = i � 9) TRADE FIXTURES AND PERSONqI, PROPERTY: Tenant may install in tLe Premises its � usual trade fSxtures and personel property in a proper manner. No such installation shall .�� interfere with or demage the shuctwe of the Property or its mechanical or electrica) systems, � 10) CONDITION & CARE OF PREMISES� Yenant sha11 no[ meke or cause to be made any alterations, physical edditions or improvements in or to the Premises without obtaining Landlord's prior wrimn consenc On thc last day of the Lease Tami or in the event of en earlier terminadun hereof, Tcnsnt sl�all peaceably surrender the Pranisas to Landlord bcoom clean and in good order, condidon and repair. At the time of such ewrender, Tenant shall remove from Premises all pea'sonal properry and moveable Vade firwres wltich wery pwchasad and installed by Tenant; provided, however, �hat Tenant shall not remove any such property if Tenant is thrn in default under said I.easa If e dofault exists at the expiradon or earlior taminerion of eaid Lease, Landlord shell have a possessory lien on all'�enant's personal property and trade fixhues as securiry against loss or damage resutting from any such default, end such property shall not be removed by Tenant unril the default i9 cured. Any damage to the Pr�mises or Properry, csused by Tcnant in moving its propecty either in, out or witlwi thc Premises or Property shall be repaired by Tenant at its sole cost and espense. If Tenant fails to remove euch property or repair such damage in a timely mannu, Landlord may do so end may charge tF�e cost thereof to Ten9nt, and Tenant shal! pay ihe same upon demand. Except for personal property and moveable trade fiatures purchased and insmlled by Tenant, the titic ro all improvements, repaits, �xed flooring and carpedng, hea6ng and air conditioning equipment and fiamves which have been inatalled by or at the expense of either Landlord or Trnant in or upon the Premises sBall vest in Landlord upon the installation thereof, and possession dicrrnf shsll be surrendered with the Premises without chargc ro Landlord. 11) 12) ASSIGNMENT: Tenent shall not assign its interest under said Lease without the prior writtcn conseni of the Landlord. ...,_.��.......��.... �--� --•.°_• _ -- 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 04 1��SJV� I � 13) � 14) i � 15) i i 16) ` 1'n i � I S) � 19) 20) � i � � � .� ACCESS BY LANDLORD: Tenant a�ees to pertnit Landlord or its agcn[s end/or ropresenrativ�es m cnter into and upon any part of the Premises during all suitable hours to inspect the same, clean, make repairs, alterations or addirions thaeco or show the Premiscs m prospective lessees, purchasers or othcrs, or for atry othar raaeoneble pwposcs as Landlord may deem nectssery or desirable. Landlord ahail, except in an emergcnry, give Tenent reasonable notice prior m such entry. No such cntry shall consriNte an evic6on or enritle Tenant to eny abatement of rent, operating cosu, or any othu sums due under aeid Lease. DEFAULT: Upon brcach of any wvenant of this Lcasc by Tenant, Iandlord may immediately tersninate this Lcase by giving notice pursuant to Pazagraphs S apd 6. Should Landlord at any ame temunate said lease for any breach, it may recovcr &om Tenent any and elI demeges incwred by reason of such breach, including but not limited to, the cost of tecovtring Premises, reasonable attomeys' fees and tlx value ec thc timc nf such termination of any rent and other charges payable for the remainder of term of said L.ease, which shell be immediately due and payable from Tenanc to Lendlord. GUARANI'Y: "Ihe undersigned guaranror hereby, absolutely, unconditionelly and izrevacably guazantees W I.aadlord the 1L11 and complete perfocmance of any end all of the Tensnt's covenents and obligations under said Lcase and the full payment by'C�nant of any and all charges end amounts required ro be paid hereunder. The undersigncd guarantor shell also pay say and a11 Landlord's expenses, including, but not limittd to, attomev s fees, incuned in enforcing the obliga[ions of Tenant under said Lease or in enfacing this guaranry. DAMAGE OR DESTRUCTION: In tho event of damage to or destruction of all or any part of [he Premises, the rig3�t of Tenant to occupancy shall immediately terminate and any obligarion of Landlord arising hueundu sAail cessc. TNTEGRAI'ION: 71�is short tcrm Lcase Agreement and the F,�chibits attached hereW and by teference made a part hereof constimte the complere agreement between Landlord and Tenant conceming the Premises and the Properry. There are no o�ai a�reements, understandings, promises or rcpresentations behveen Landlord end Tenant affecting said Leaso. Any and alI pzior negotiations end understandings between Lendlord end Tenent shsll have no force or effect. RFT,ATIONSHIP: The relationship between die parpes hereto shall, a[ ali cimes, be that of Landlord and Tenent, end Tenent is not to be daemed ot considerod at any 6me as agent of Landlord, nor in any sense a joint venturer of Landlord. MISCELLANEOUS� The captions of the paragraphs of said Lease are for convenience only, and shall not be considered or re£ared to conceming quesdons of intapreration or canatruction. LEASEHOLD IMPROVEMENTS: NONE - Tenant ahall take premises in "AS IS" conditian lt�i ut��!�� ^-��`.Qan� c�ea� ca�,�> °u -,�- _` �`t�°'� lm��}� �-8`�` y (�-g�._.� c�� "'O �. r,r�R?i� `n,.��/�.-� b 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PAGE 05 q�-�gy d this Ageement to be execwed on the day and year first (Landlord) Prini (Pcint Name) By � - m �,� �� , 05/16/1997 11:50 6122210236 ' LOWf2Y �PQQFESSIONAL BtJILDING TOWLE R�4L ESTATE 350 SAINT PETER ST. - SUITE 748 ST.PAUL, h,IN 55102 t,� - TOWLE REAL ESTATE EXHIBIT ",Q".. : :� PAGE 06 (�rl _ ��e 6UIT� 300A `f THIRD FLOOR a95507.000 10/1719b � � i ��X E � X E SARCHITECTS � n c o r p o r a t e d , f•�iZ:i1►_Rj 417 Washinqton Avenue N 202 Minneopolis, Minnesoto 55401 tet 612.339.8572 fox 612,339.8955 3 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 07 l� � � EXHIBIT B LOWRY PROFESSIONAL BUILDING RULES AND REGULATIONS 1. � No awning or other projection shail be attached to the outside walls of the Leased Premises or the� Project. No curteins, blinds, shades or screens visible from the eycterior of the Project shall be attacl�ed to or hung in, or used in connection with the Leased Premises without the prior written conse�t of Lessor. Such curtains, blinds, shades, screens or other fixtures must be of a quality, rype, desig� and color, and attached in the matter approved by Lessor. 2. � Tenant, its servants, employees, agents, representatives, customers, invitees and guests shal! not obstruct sidewalks, driveways, entrances, passages, corridors, vestibules, halis, elevators and srauw�ays in and about the Project which are used in common with other teaants and their servants, emplqyees, agents, representatives, customers, guests and invitees, and which are not a part of the I.eased Premises. Tenant shall not place objects against partitions or doors or windows which would be un{ightly from the Project comdors or from the exterior of the Project, and will promptly remove any s�jch objects upon notice from Lessor. Tenant, its servants, employees, agents, representauves, custo�ners, invitees and guests sha11 not go upon the roof or mechanical floors of the Project. I 3. � Tenant shall not make noises, cause disturbances or vibrations or use or operate any electrical or el�tronic devices that emit sound or other waves or disturbances or create odors, any of which may �� offensive to the other tenants and occupants of the Projact, or that woold interfere with the oper�`ting of any device, equipment, radio television broadcasting or reception from or within the Pro�e�t or elsewhere, and shall not place or install eny projections, antennas, aerials or similar devices inside or outside of the Leased Premises or on the Project, and shall not bring animals into, or allow anim�ls to he brought into, the Project, without prior written consent of Lessor. 4. No person or conuactor not employed by the Lessor shall be used to perform janitorial work, windr�w washing, cleaning, maintenance, repair or similar work in the Leased Premises without the prior {written consent ofthe Lessor. � 5. � Lessor shall have the right to prohibit any advertising by Tenant which in Lessoz's reasonable opinidn tends to impait the reputation of the Project or its desirability for office use, and upon written noticg from Lessor, Tenant shall refrain from or discontinue such advertising. 6. � No portion of the buiJding shall be used for the purpose of lodging rooms or for any immont or un�awful purposes. I 7. � 7enant, its servants, employees, agents, representatives, customers, invitees and guests shall 65/i6/1997 i1:50 6122210236 TOWLE REAL ESTATE PAGE 08 ' ��- (o8y I i not p� k on Project driveways, publicly dedicated streets and alleys or azeas directly adjacent to Proje -�t entrances where prohibited. 8. � Tenant shall furnish and utilize masonite or plastic chair pads under desk chavs. 9. i Nothing to be attached to tenant suite doors. 10. I Tenant shall use picture hangers provided by building for any items to be hung on walls. i i i. � Lessor reserves the right in its sole judgement to pre-approve all plans and specifications and Ten � t will refec all approved contractors, contractors' representatives and installation technicians rend�ring any service on or to the premises for Tenant to Lessor for Lessor's approval and supervis�on before performance of any contractual service This provision shall apply to all work perfotmed in the Building, including installation of telephone, telegraph equipment, electrical devices and a�tachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilin�s, equipment or any other physical portion of the Bui(ding. Such approval, if given, shall in no way e Lessor a party to any contract between Tenant and any such contractor, and Lessor shall have�io liability therefor. 12. � Lessor reserves the right at any time to take elevators out of service to Tenants for exclusive use b� the Building management in servicing the Building. i 13, Tenant shall ensure that deGveries of materials and supplies to the Leased Premises are made thro�,�Bh such enuances, elevators and corridors and at such times as may from time to time be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e in the building caused by any person making such deliveries. 14. � Tenant shail ensure the furniture and equipment being moved into or out of the Leased Prem�ses is moved through such entrances, elevators and corridors and at such times as may be desig�ated by Lessor, and shall promptly pay or cause to be paid to Lessor the cost of repairing any dama�e to the Building caused thereby. 15. Tenant shall at aIl times conduct its business in a reputable manner as a quality retail estab ishment in accordance with the standards of the retail area and sha]! not conduct any fire, b � ptcy, goirlg out of business, moving, "Lost our Lease" or auction sales, either real or fictitious. I 16. � Tenant shall not give, sell, or offer for sale, or exhibit any article, thing, goods or services outsic�e the Premises or in the common areas without the prior written consent o£Lessor, which may be wi k hheld or grarrted according to Lessor's sole discretion. 17. � Unless specifically provided herein and then only upon strict compliance with such provisions, Tena�t sha11 not manufacture, distribute, store, sell or give away any atcoholic liquor. `� 05/16/1997 11:50 6122210236 TOWLE REAL ESTATE PA6E 09 1 ! - �O� 18. � Tenant will comply with all requirements for state, municipal or oYher govesnmerrtal inspe�Ctions, licenses and pemuts and will promptly pay all prope� fees and charges in connection there1vith, failing which Lessor may, but need not, pay any and all such fees and charges for the acco�nt of Tenant. 19. Tenant shall keep all entrances, passages, couns, corridors, vestibules, halls, approaches, exiu, elevators and steinvays free from all obstructions of every land and from ashes, garbage, litter and r�se of every kind and in a clean and sanitary condition. 20. ' If Tenam fumishes heat, Tenant shall maintain the temperature in the Premises high enough to prel�ent the freering of water in plumbing fixtures and a11 other damage caused by low temperature. 21. ' Unless Lessor gives advance written consent, neither Tenant nor any trustee, receiver, assig�ee or any other person acting for or on behalf of Tenant, Tenant's estate or creditors, sha11 cond�ct an auction on the Premises. 22. Tenant shall occupy the Premises upon the Lesse Commencement Date and thereafter will contir�uously conduct its business in 100% of the Premises in strict accordance with the Permitted Uses,�for such hours of operation as shali be detertnined and established exclusively by Lessor. 23. Tenazrt shall not conduct itself in any manner which is inconsistent with the character of the Buildi}�g as a first quality building or which will impair the comfort and convenience of other tenants in thelBuilding. � 24. � In these Rules and Regulations, Tenant includes the employees, agents, invitees, and licensees of Te�hant aad others permitted by Tenant to use or occupy the Leased Pzemises. E]