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Home My WebLink About1999-10-01 Glenbrook Lease LEASE AGREEMENT BETWEEN OAK PARK, LLC A Minnesota Limited Liability Company AND GLENBROOK LUMBER AND SUPPLY, INC. A Minnesota Corporation October 1, 1999 Glenbrooklease- 10- 1 -99 LEASE AGREEMENT This Lease is made and entered into this I day of September, 1999 by and between OAK PARK LLC, a Minnesota Limited Liability Company, referred to as "LANDLORD" with the mailing address of 324 South Main Street, Suite 220, Stillwater, Minnesota, and G lenbrook Lumber and Supply, Inc., a Minnesota Corporation, hereafter referred to as "TENANT" with the mailing address of; 5250 Glenbrook Av. N., Oakdale, MN, 55128 In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as follows: 1. DESCRIPTION OF THE LEASED PREMISES Landlord does hereby lease to Tenant and Tenant does hereby lease and take from Landlord the following described Leased Premises hereinafter referred to as the Leased Premises. All of building "D ", as well as the adjacent land shown as the hatched area on Exhibit "A ", land and building area is approximately 25,000 square feet, as well as shared ingress and egress to the Leased Premises from Stagecoach Trail. The entire property owned by Landlord by which the Leased Premises are a part is legally described as follows, to-wit: Parcel 1: All that part of the NE 114 of the SW 114 of Section 3, Township 29, Range 20, contained within the following bounds, to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence North 21 rods and 9.9 feet; thence East 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. Parcel 2: The North 963.6 feet of the East 429 feet of the NE 114 of the SW 114 of Section 3, Township 29 North, Range 20 west, excepting the following two tracts: I . The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. 2. TERM This Lease shall be for a term of 1 YEAR commencing on November 1, 1999 and terminating AT MIDNIGHT ON THE LAST DAY OF October, 2000. 3. USE OF LEASED PREMISES It is agreed that the Leased Premises shall be used by the Tenant for office, wall panel fabrication, and ancillary purposes and for no other purpose; subject to all local, state and federal laws and regulations regarding the use of the Leased Premises. 2 Tenant shall provide Landlord with copies of certificates evidencing that such insurance is in full force and effect and stating the terms thereof. b. Landlord's Insurance. Landlord agrees to carry during the Term hereof, and any extension thereto, insurance for fire and extended Coverage, insuring the improvements located on the Leased Premises, including the Leased Premises and all appurtenances thereof (except Tenant's merchandise, trade fixtures, furnishings, operating equipment and personal property and vehicles) for the full insurable value thereof. Deductibles for all Landlord's insurance required herein shall be determined solely by Landlord. 9. REPAIRS AND MAINTENANCE a. Tenant's Obligations. The Tenant shall be wholly responsible for the routine interior and exterior maintenance of the Leased Premises and property and will keep them in as good condition as when originally occupied, reasonable wear and tear and damage by fire and the elements excepted. Tenant shall, at its expense repair, replace and maintain in pod and tenantable condition, clean and sanitary and safe the Leased Premises and the Property and appurtenances thereto and every part thereof (except portions of the Premises to be maintained by Landlord under Paragraph b) including, without limitation, land, parking or driving surfaces, curbing, landscaping, drainage devices, utility improvements, exterior maintenance including painting, utility meters, pipes and conduits, all fixtures, glass, all signs, locks, window sashes or frames, HVAC system, doors and door frames, security equipment, floor coverings and all other equipment installed in the Leased Premises and all such items of repair, maintenance, alteration and improvement or reconstruction to the Leased Premises or Property as may at any time or from time to time be required, due to the Tenant's occupancy, by any municipal or governmental agency having jurisdiction thereof. Tenant shall keep the Leased Premises and the property in a neat and clean condition and free from garbage, ashes, waste and accumulation of rubbish or filth, and all garbage, waste and rubbish shall be removed promptly by Tenant at its own expense. Tenant shall keep all sidewalks and driveways of the Leased Premises swept and free from ice and snow and other obstructions. b. Landlord's oblijzations. Landlord shall repair and maintain in good and tenantable condition the roof and structural parts of the Leased Premises unless repair or maintenance is required by the negligent or intentional conduct of Tenant. It is understood and agreed that Landlord is under no obligation to make any repairs, alterations, replacements or improvements to the Leased Premises or the Property at any time except as expressly set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable to Tenant for failure to make repairs required of Landlord hereunder unless tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to commence and complete those repairs within a reasonable period of time following receipt of Tenant's notice. C. Tenant's Failure to Maintain Leased Premises or Property. If Tenant fails to repair or maintain the Leased Premises or the Property, or any part thereof, in a manner reasonably satisfactory to Landlord, Landlord shall have the right (in addition to all other rights and remedies provided herein for breach of this Lease), upon giving Tenant reasonable written notice of its election to do so (and opportunity to cure), to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event the cost of such work shall be paid to Landlord by Tenant promptly following receipt of a bill therefor. 4 10. PARKING AND DRIVES The Tenant, its employees and invitees shall have the non - exclusive right to use the common driveways along with the other tenants and customers of the property. Tenant shall have the exclusive use of parking lots in the Leased Premises. The use of such driveways and parking facilities are subject to reasonable rules and regulations as the Landlord may impose. Tenant understands that Ryder Student Transportation Services, Inc. is an additional tenant on the property. There shall be a shared ingress and egress to the Leased Premises and property as well as shared drives within the property. 11. WAIVER AND INDEMNITY Landlord hereby waives any and all rights that it may have to recover from Tenant damages for any loss occurring to Property of Landlord by reason of any act or omission of Tenant; provided, however, that this waiver is limited to those losses for which Landlord is compensated by its insurers, and then only to the extent that Landlord's policies of insurance permit it to waive the insurer's right of Subrogation. Tenant hereby waives any and all rights that it may have to recover from Landlord damages for any loss occurring to property of the Tenant by reason of any act or omission of Landlord; provided, however, that this waiver is limited to those losses for which Tenant is compensated by its insurers, and then only to the extent that Tenant's policies of insurance permit it to waive the insurer's right of Subrogation. 12. APPEARANCE AND ACCESS Landlord and Tenant mutually agree to keep the Building Premises, Building, Leased Premises and common areas in a condition of good repair, appearance and security as their respective responsibilities and rights may allow. Tenant agrees to dispose of its waste in the dumpsters provided at Tenants' expense, and agrees not to litter any of the Leased Premises or surrounding area. 13. CONDEMNATION LOSS AND EMINENT DOMAIN Should all of the Leased Premises be taken in condemnation proceedings or by exercise of any right of eminent domain, then this Lease shall automatically terminate as of the date the condemning authority or the authority exercising its right of eminent domain takes possession of the Leased Premises. If there is a partial taking but Tenant continues to occupy the Leased Premises in part, the rent shall be adjusted in the proportion that the unoccupied part of the Leased Premises bears to the entire Leased Premises. If, as a result of partial taking, the Leased Premises is no longer useable for the purposes specified within this Lease, then the Tenant may terminate this Lease as of the date of the condemning authority or the authority exercises its right of eminent domain takes possession of the Leased Premises by giving written notice of the termination to the Landlord. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. Full Base Rent and CAM Charges shall be due and payable to the date of taking possession, and shall be reduced accordingly after the taking of possession. 14. ASSIGNMENT OR SUBLET The Tenant shall not assign, mortgage, or encumber this lease or the leased Premises, and shall not sublet any part of the leased Premises without the prior written consent of the Landlord. Any such assignment or subletting shall not release the Tenant from its responsibilities under this lease unless expressly agreed in writing by the Landlord. The Landlord shall have the right to any profit made in such assignment or subletting but only to the extent and in the amount in excess of Tenant's documented leasehold improvements and only after Tenant has recovered 100% of all un- amortized leasehold improvements. 5 the expiration of this Lease term, or renewal or extension, if any. 29. DRIVEWAY Tenant shall maintain the driveway in a good and workmanlike manner and shall at all times permit ingress and egress to all other tenants. 30. ENVIRONMENTAL MATTERS A. Landlord warrants and represents, that to the best of it's actual knowledge, that any use, storage, treatment, or transportation of regulated, hazardous or toxic substances. materials, or wastes, or any other contaminants (collectively "Hazardous Substances "), in, on, under, from or affecting the Leased Premises before the commencement date of this Lease has been in compliance with all applicable federal, state and local laws, regulations and ordinances. Landlord further warrants and represents that no release, leak, discharge, spill, disposal, or emission of Hazardous Substances has occurred in, on, under or from the Leased Premises and that the Leased Premises are free of Hazardous Substances as of the date hereof. B. Landlord agrees to indemnify, defend (with counsel reasonably acceptable to Tenant) and hold harmless the Tenant from any and all claims, damages, fines, judgments, penalties, costs, causes of action, liabilities, losses or expenses (including, without limitation, any and all sums paid for settlement of claims and attorneys', consultants' and experts' fees) (collectively "Liabilities "), whether arising during the Initial Term or thereafter, and resulting from or arising in connection with the presence (or suspected presence), disposal, release (or threatened release), of any Hazardous Substance in, on, under, from or affecting the Leased Premises, unless caused by the acts or omissions of Tenant, its agents, employees or contractors. without limiting the generality of the foregoing, Landlord's indemnity shall apply to any and all Liabilities resulting from or arising out of (i) any investigation (governmental or otherwise) of the Leased Premises, any cleanup, removal or restoration of the Leased Premises required by any governmental agency, and any personal injury (including wrongful death) or property damage (real or personal) and (ii) any Hazardous Substance which flows, diffuses, migrates or percolates into, onto or under the Leased Premises. C. Except for those hazardous materials which Tenant uses in the ordinary course of its business and which Tenant will use, keep, and store in compliance with all laws regulating the same, Tenant shall not cause or permit any hazardous material too be brought on, or kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors, or invitees, without the prior written consent of Landlord, which Landlord shall not unreasonably withhold so long as Tenant demonstrates to Landlord's reasonable satisfaction that hazardous material is necessary or useful to Tenant's business and will be used, kept, and stored in a manner that complies with all laws, rules, statutes, and ordinances regulating any such hazardous material so brought on or used or kept in or about the Leased Premises. If Tenant breaches the obligations stated above in this Paragraph, or if the presence of hazardous material on or about the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises, or if contamination of the Leased Premises or surrounding area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, Tenant shall indemnify, defend, or hold Landlord harmless from any and all claims, judgments, damages penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Leased Premises or the building, damages for the loss of restriction on the use of rentable or usable space or of any amenity of the Leased Premises, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorney fees, consultant fees, and expert fees) that arise during or after the term of this Lease as a result of that contamination. 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