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HomeMy WebLinkAboutMontanari Building BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 April 18, 2008 Mr. Eric A. Johnson, AICP, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 RE: City of Oak Park Heights Space Needs and Facility Use Study: Montanari Building Review 13481 60 Street North BA #0707A Mr. Johnson: We toured this building and its site on April 15, 2008. We also reviewed the Construction Documents (drawings only) dated April 18, 2003 at the request of the City of Oak Park Heights. Our findings are included in the attached Memorandum (dated April 18, 2008). Our conclusion is that we do not think this building is particularly well suited for the City of Oak Park Heights to utilize as a replacement for the current City Hall. Our reasons are outlined in the aforementioned Memorandum. Please do not hesitate to contact me with questions and comments regarding the above. Thank you for allowing us to continue serve the City of Oak Park Heights. Sincerely, BUETOW & A SOCIATES, Randy L. E gel, RA, AS 4 Vice Presid nt • • • tel 651 483 -6701 fax 651 483 -2574 www.buetowarchitects.com P ir • : _... ?, , - E BUETOW AND ASSOCIATES INC ° AN ARCH Tt' . t•t_}AAL SER'JSC;:=S CJ' 11dp?' m IIIIIII 2345 Rice Street Suite 210 u.. St. Pau t, Mi 55113 April 22, 2008 (modified) April 18, 2008 Mr. Eric A. Johnson, A1CP, City Administrator - City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 RE: City of Oak Park Heights Space Needs and Facility Use Study: Montanari Building Review (modified) 13481 60 Street North BA#0707A Mr. Johnson: We toured this building and its site on April 15, 2008. We also reviewed the Construction Documents (drawings only) dated April 18, 2003 at the request of the City of Oak Park Heights. Our additional findings are included in the attached Memorandum (dated April 18, 2008). Our conclusion and recommendation is that we do not think this building is particularly well suited for the City of Oak Park Heights to utilize as a replacement for the current City Hall. Our reasons are outlined in the aforementioned Memorandum. We acknowledge, however, that it is the City's role to review the information contained herein and to decide whether this building would be able to serve as a replacement City Hall. Please do not hesitate to contact me with questions and comments regarding the above. Oak �. �' R continue serve the City of Oak l ark Heights. 'l'hauk) you for allowing us to serve Y a Sincerely, BUET W & ASSOCIATES�1N.C. gel, Ri S Vice Presid rtt `- _-` ' ._- Randy L. E i / • Page 3 of 14 tea 651 483 -6701 fax 651 483 -2574 www.buetowarchitects.com • April 22, 2008 (modified) April 18, 2008 Memorandum RE: City of Oak Park Heights Space Needs and Facility Use Study: Montanari Building Review 13481 60"' Street North BA #0707A (1.0) Existing Site and Building Characteristics (1.1) : lie •The site is located on and is accessible to the south service road (60 Street North) that is placed parallel to Highway 36. The site is abutted on three sides by individual commercial uses (east, south and west sides), •The site area comprises approximately 31,156 square feet or about 70% of an acre. • The site is within a Business Zoning District (13 -2) and a government facility is an approved use. •The site and building are readily visible from Highway 36. Where are forty (40) available outdoor off - street surface parking stalls (two of which are accessible to the physically disabled). That quantity is split between those portions of the site located both north and south of the building. Also, there are twelve (12) enclosed stalls located within the building's Basement floor • level that are accessible by an exterior ramp that is located at the southwest corner of the building's south wall (one of these stalls is accessible to the physically disabled). The number of parking stalls apparently complied with zoning ordinances when the initial issuance of municipal approvals occurred although it appears to be less than what is currently required. •A tall and permanent - appearing sign structure of related architectural design is located in the front (north) yard. (1.2) Building, •The building has two stories plus a Basement. •The First and Second Floors are used for Professional Offices and Basement used as Parking Garage (12 stalls). *Building materials at the exterior walls are face brick, concrete masonry units, fixed aluminum and tinted glass window units and entrances, portland cement stucco, prefinished metal roof panels and prefiinished metal downspouts. •Gross floor area per floor is 3,888 SF and the building total is 17,664 SF. SF and the building *Net floor area per floor is 5,576 S g total is 16,728 SF. i o and Second Floors is 1 2'± each and for the Basement is 10' -10 " +. *Floor-to -floor height for the First a •Construction assemblies for the First and Second Floors are: wood - framed exterior walls clad in either face brick, concrete masonry units or portland cement stucco. Interior partitions are also wood -framed but with gypsum board cladding. Interior wood columns form a central corridor and support wood floor framing rnembers and roof framing members. Engineered wood trusses form First Floor framing and also form ceiling framing above Second Floor. Roof framing is composed of engineered wood trusses. •Construction assemblies for the Basement are: unfinished poured concrete floor with walls, columns, beans and floor planks of precast concrete units. [ alike: floors have either carpeting, *Interior finishes at public corridors and office spaces are generally carpet base, porcelain tile, ceramic tile or vinyl composition tile; walls have either paint, ceramic tile or stained wood panels; ceilings have either acoustical tile, painted gypsum board or stained wood panels. (continued) 4111/ Page 4 of 14 City of Oak Park Heights Memorandum of April 18, 2008 Space Needs and Facility Use Study: April 22, 2008 (modified) Montanari Building Review Buelow and Associates, Inc. 13481 60 Street North 2345 Rice Street Suite 210 I3A /10707A St. Paul, MN 55113 (2.0) Observations (2,1) Site Area *There is not enough space on this site to house an Impounded Vehicle area nor Public Works Storage and operational areas. The purchase of additional land directly adjacent to this site (if available) could be considered. "Public Works operations (Garage, work shops and exterior storage would remain at the current location adjacent to the City Hall building). (2.2) Available Floor Square Foota<�e •The net floor area available for use is less than the amount. projected by the Space Needs Study. (2.3) Building Floor Plan Layouts •The First Floor plan configuration appears to be planned for four (4) separate tenants. That is exhibited by the provision of exterior door that lead into three of those spaces as well as the central location of stairs, i interior f the plan, 11 also does not limit e flexibility of 1 elevator, toilet. rooms and corridors. That limits th ) how far into the building core non-authorized personnel can penetrate. A Council Chamber would he able to be placed on the First Floor. The Council Chamber is defined as an "Assembly Occupancy" by the Additional toilet acilities would be required to meet requirements of the Minnesota State Building Code. Ad f Minnesota State Building Code. The existing entrance vestibules are small in size. "The Second Floor plan configuration is workable for municipal offices that expect a low volume of public • contact and traffic but still would require modifications to create effective and efficient spaces including open office and private office areas. (2.4) Building Construction "Wood framing is within exterior and interior walls, floors and roof. Also, exterior wall surfaces are composed of and faced with concrete masonry units and stucco. 'Efflorescence (white salt deposits) was noted on exterior masonry walls. That indicates evidence of water penetration into exterior masonry materials. Masonry materials exhibit these deposits as the moisture evaporates from those exterior materials. One solution would be to remove the efflorescence and than to add water repellant coatings to such surfaces upon a five (5) year recurring basis. (3.0) Findings •The amount of net floor area is less than what is projected in the Space Needs Study as required by the City Hall to properly function. Building expansion horizontally would reduce available site area and would require additional vehicle parking stalls. Building expansion vertically is not able to be effectively achieved because it appears the .structural system will not allow that to occur. Any expansion of the building would require the purchase of additional land directly adjacent to this site (if available). •A floor area compm•is•on is as follows: Montanari Building Space Needs Study Basement 5888 Gross SF 3,300 Gross SF for Police Parking, walls /st ructurellrall ways 2,276 SF is excess to be used for parking First Floor 5888 Gross SF Administration requires 9,600 Gross SF Police Department requires 6,300 Gross SF (less the 3,300 Gross SF in the Basement) Second Floor 5888 Gross SF Provide 450 Gross SF for Public Works Offices also. That leaves a shortage of 4,124 available Gross Sf. Per the Space Needs Study • (continued) Page 5 of 14 Memorandum of April 18, 2008 City of Oak Park Heights April 22, 2008 (modified) Space Needs and Facility Use Study: l3u p r l and Associates, Inc. d) Montanan Building Review 234.512ice Street Suite 210 13481 60 Street North St. Paul, MN 55113 BA #0707A •The current First Floor Plan layout limits the flexibility of a workable floor plan for municipal City Hall Functions. That is because the existing corridors, toiler rooms, stairs and elevator block are located in the center of the building and reduce plan flexibility. Extensive remodeling of interior corridor walls and toilet room locations would, thus, be required. But the elevator and stair locations must stay in place for practical reasons. Also, additional public lobby /waiting spaces are required and there is insufficient .space on. the First Floor to provide for those spaces. 'Additional plumbing fixtures (Le., toilet rooms) would be required by Minnesota State Building Code (due to the provision of the Council Chamber) and for practical reasons (due to an increase in the number of persons who would - at specific tunes — be within the building). •The overall floor plate is too small to effectively house functions that serve customers which must be located on the First Floor. The Police Department, for example, would have to be housed on two floors. The Administration Department would have to be housed on two floors also. •Construction of an addition to this building would not be able to effectively rectify these issues since such an addition would only be possible antes to be addition achieved create a loin (assuming ow adjacent l building similar t adjacent property(ies)). currently exists at the Oak Park Heights City Hall building. •This building is not constructed of structural nor exterior finish materials that conform to the intended 50- year durability standard that. is desired by the City. • • • modify this building for the public use intended would, in all likelihood, be prohibitive. Hari is It rata Cos ) h the Mo -Note that the existing space utilized by the City Hall is less than what is offered by Building. The carne organization and f rnctianal issued discussed herein would, however, apply. •WC recommend against the selection of this site and building as the City of Oak Park Heights City Hall. •We understand that the City has the role of making such at decision. • Page 6 of 14 BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 April 18, 2008 Memorandum RE: City of Oak Park Heights Space Needs and Facility Use Study: Montanari Building Review 13481 60 Street North BA #0707A (1.0) Existing Site and Building Characteristics (1.1) Site • The site is located on and is accessible to the south service road (60` Street North) that is placed parallel to Highway 36. The site is abutted on three sides by individual commercial uses (east, south and west sides). •The site area comprises approximately 31,156 square feet or about 70% of an acre. • The site is within a Business Zoning District (13-2) and a government facility is an approved use. •The site and building are readily visible from Highway 36. •There are forty (40) available outdoor off - street surface parking stalls (two of which are accessible). That • quantity is split between those portions of the site located both north and south of the building. Also, there are twelve (12) enclosed stalls located within the building's Basement floor level that are accessible by an exterior ramp that is located at the southwest corner of the building's south wall. The number of parking stalls apparently complied with zoning ordinances when the initial issuance of municipal approvals occurred although it appears to be less than what is currently required. •A tall and permanent- appearing sign structure of related architectural design is located in the front (north) yard. (1.2) Building •The building has two stories plus a Basement. •The First and Second Floors are used for Professional Offices and Basement used as Parking Garage (12 stalls). •Building materials at the exterior walls are face brick, concrete masonry units, fixed aluminum and tinted glass window units and entrances, portland cement stucco, prefinished metal roof panels and prefinished metal downspouts. •Gross floor area per floor is 5,888 SF and the building total is 17,664 SF. •Net floor area per floor is 5,576 SF and the building total is 16,728 SF. •Floor -to -floor height for the First and Second Floors is 12'± each and for the Basement is 10' -10 " ±. •Construction assemblies for the First and Second Floors are: wood- framed exterior walls clad in either face brick, concrete masonry units or portland cement stucco. Interior partitions are also wood- framed but with gypsum board cladding. Interior wood columns form a central corridor and support wood floor framing members and roof framing members. Engineered wood trusses form First Floor framing and also form ceiling framing above Second Floor. Roof framing is composed of engineered wood trusses. •Construction assemblies for the Basement are: unfinished poured concrete floor with walls, columns, beams and floor planks of precast concrete units. •Interior finishes at public corridors and office spaces are generally alike: floors have either carpeting, carpet base, porcelain tile, ceramic tile or vinyl composition tile; walls have either paint, ceramic tile or stained wood panels; ceilings have either acoustical tile, painted gypsum board or stained wood panels. (continued) tel 651 483 -6701 fax 651 483 -2574 www.buetowarchitects.com • City of Oak Park Heights Memorandum of April 18, 2008 Space Needs and Facility Use Study: Montanari Building Review Buetow and Associates, Inc. 13481 60` Street North 2345 Rice Street Suite 210 BA #0707A St. Paul, MN 55113 (2.0) Observations (2.1) Site Area •There is not enough space on this site to house an Impounded Vehicle area nor Public Works Storage and operational areas. •Public Works operations (Garage, work shops and exterior storage would remain at the current location adjacent to the City Hall building). (2.2) Available Floor Square Footage •The net floor area available for use is less than the amount projected by the Space Needs Study. (2.3) Building Floor Plan Layouts •The First Floor plan configuration appears to be planned for four (4) separate tenants. That is exhibited by the provision of exterior door that lead into three of those spaces as well as the central location of stairs, elevator, toilet rooms and corridors. That limits the flexibility of the interior plan. It also limits how far into the building core non - authorized personnel can penetrate. A Council Chamber would be able to be placed on the First Floor. The existing entrance vestibules are small in size. Additional toilet facilities would be required. •The Second Floor plan configuration is workable for municipal offices that expect a low volume of public contact and traffic but still would require modifications to create effective and efficient spaces including open office and private office areas. • (2.4) Building Construction •Wood framing is within exterior and interior walls, floors and roof. Also, exterior wall surfaces are composed of and faced with concrete masonry units and stucco. •Efflorescence (white salt deposits) was noted on exterior masonry walls. That indicates evidence of water penetration into exterior masonry materials. Masonry materials exhibit these deposits as the moisture evaporates from those exterior materials. One solution would be to remove the efflorescence and then to add water repellant coatings to such surfaces upon a five (5) year recurring basis. (3.0) Findings •The amount of net floor area is less than what is projected in the Space Needs Study as required by the City Hall to properly function. Building expansion horizontally would reduce required site area and would require additional vehicle parking stalls. Building expansion vertically is not able to be effectively achieved. •The current First Floor Plan layout limits the flexibility of a workable floor plan for municipal City Hall functions. Extensive remodeling of interior corridor walls and toilet room locations would be required. The elevator and stair locations must stay in place for practical reasons. Also, additional public lobby /waiting spaces are required. •Additional plumbing fixtures (i.e., toilet rooms) would be required by Building Code and for practical reasons •The overall floor plate is too small to effectively house functions that serve customers which must be located on the First Floor. The Police Department, for example, would have to be housed on two floors. •Construction of an addition to this building would not be able to effectively rectify these issues since such an addition would only be possible to be achieved to the south (assuming no adjacent land purchase of adjacent property(ies)). Such an addition would create a long and narrow building similar to what currently exists at the Oak Park Heights City Hall building. •This building is not constructed of structural nor exterior finish materials that conform to the intended 50- year durability standard that is desired by the City. • •Costs to modify this building for the public use intended would, in all likelihood, be prohibitive. •We recommend against the selection of this site and building as the City of Oak Park Heights City Hall. • 4 .',. , � rat - WIIIIIb. ...,.. „i 1 r v� ■ 44 OM. IMINHINN AD Par'< — T eights, , - s y • 713 WO1ANARI ; ... . No....*) • ,,, ,,.., ti� ` 1,� .— B 1L A G ity Halt . ti r . 0 —_,,1 ' ,, . ' 414 r p ` V� f"^ r. r •� r�wanxpeerwpw ` Ma. OMNI ONO y �.. , .rte :„ mow„.«, ssrrw�h r r - - ^ - - : .r. . 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Otti ill -4 i . • S - -._ w . - .H ,.far i 'gait y 4!' !r f R i j t i 4 ) , . . ti. -. °.i , I 1 I! 4 • • ry a 04 ' .. . ,,*iii x 1 w•wsttraa Y. �� r : ,. w .� : � �� flHHHIIIWHIHH • • ...„ j I �s . ti. 1- 4--- . t II �E H k 4.4 ��• ! ,; <; ,,« ✓4 _ f' - • i „4 • / '''- N APR. 15. 2008 1:29PM Bank Of Elk River NO 1245 P. 1 T IE-1E OPEL K RIVER • - Member FDIC CONFIDENTIALITY NOTICE: The Information in this facsimile message is legally privileged, confidential and Intended for the use of the addressee named below. If the reader of this message Is not the Intended recipient, you are hereby notified that any dissemination, distribution, or copying of this telecopy Is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone return the original m to us at the address below via the U.S. Postal Service, or by the method of delivery by the sender. e FACSIMILE COVER LETTER DATE: -Pq� 1 I 9\o o b TO: OAG 1ns FROM:‘-) J-1 • PAGES TO FOLLOW: Please contact. 441 -1000 if any (763) Y P roblems with transmission occur. The Bank of Elk River Main Street Office Original Copy Will: 630 Main Street Not Be Sent Elk River, MN 55330 • Be Mailed (763) 441 -1000 Be Sent by Express Delivery (763) 441 -0847 - fax 12/01 t APR. 15.2008 1:29PM Bank Of Elk River Na 1245 P. 2 Rpr 09 08 09:28a Hess Law Office (783)274-1452 P• 2 N0.0309 P. 2 MAR. 25. 2008 11'22AM Bank 01 Elk Rivar ' 0 . \ . . .,--, t ....... _ t' g .. '1� i i \ 1 THIS LEASE A GREEMENT,' Made and entered Into this aday �� by and between Bart Montanarl hereinafter 5 effective � hereinafter called the 200 , �✓1�r�el� -�— C. called the "LANDLORD'' end Oakridg® De • Mal 1 Center, L, L. ' °TENANT, . . ' wiTNESSETt . • and TENANT leases from LANDLORD, a LANDLORD hereby leases to TENANT treet hi,, Oak Park Heights, Washington # portion of the bUlldin® locked at 13481 BO County, Minnesota Presently described as Units 100 and 110 as shown In the attached Plat con sting of approximately 2,760 square feet. ARTICLE I • TERM The term of this Lease is 5 years commencing on the 1 day of . z0a.unless sooner 2006 ar1d.erldir or t e 30t day,of , ne The terminated as hereinafter provided, on the terms and 'conditions set forth herein. term of this Lease shall eommence at such time as the 'improvements set forth o Attachment A ace-sulestanti'allY complete end 'a Certificate (If Occupancy he is Issued by t local building, inspector or other municipal authority If required, ' s - In the middle of'a month; the rent for that month shall be pro-rated. The Five-year teem referred to above shall commence on the first day of the first full month that the Lease is effective IP , . APR. 15. 2008 1 :29PM Bank Of Elk River Na 1245 P. 3 Apr 09 OS 09:28a Hess Law Office (763)274 -1452 p. N0.0309 V. 3 , MAR,25.2008 11:22AM Bank Of Elk River ' • ' ' .- . M ARTIEL‘ 11 RNT Beginning on the-Commencemen Date, the ti~Ixed Annual Wilmot �e�;tion t, Beg ff Reritduring equal monthly a able by�.TENANT in the term of lease shalt be p Y h in advance, aL th® office of the. Installments: on or before�the first day of each month without pilot deMB'nd LANDLORD or at such other PIS' "`�� Isy for the first � therefore, and without• any deduction onset. -of why veF. Said f(xed °annual rent,. nt t ,• otY • year shall be�Flfty Five_- Thausara400 1100•Daliats.(S55,040.00).payable at a rate of Four Thousand Five-Hundred eighty -three and 33/10.0 Collars. ($4,583:311) Year 2 Annual. $• 56 Monthly $.4 Year 3 Annual 657,222 Monthly $ 6786 . • Year 4 Aat $•5$,366.44• Monthly ,$4,8634 Year 5 Annual $ 60,40926 Monthly $ 5,034,10 Section 2. TENANT waives and disclaims any present or future right to apply • r. . ment of rent,,or to set-off or counterclaim in any action for rent, y any payment o p sit p a against any obligation of LANDLORD, hoWever incurred, and agrees that it will nOt claim or assert such right of, aet or counterclaim; ARTICLE III . ADDITIONAL RAT • • APR. 15. 2008 1:29PM Bank Of Elk River NO. 1245 P. 4 Apr 09 08 09220a Hess Law Office (763)274 - 145 2 P• UR,15.7008 11.23RM Bank 01 E4k River N0, 0309 P, 9 • Section -1. The TENANT shall be responsible gas 1o111a"for'tersOit' f ZT, .._ electricity, rnaintenance and repair expenses for tip interior of the-space and the removal coats -of medical.waste. ARTICLE IV USE OF PREM SES, Section 1. The leased premises may be. used and occupied only for. the operation of a dental office and for no other purposes without the written consent of the LANDLORD. TENANT agrees to conduct Its business at all times in good faith, In a high grade and reputable manner. TENANT shall promptly comply with all laws, ordinances and- reguletlorreeffecting -therleasettprernises and- prumulgatet by any duly rrt constituted- - governmental and maiwci,ng��ursr�oe cornrsar�y Fequ+rem'�nta �a ff Actin 9 the . Cleanliness, safety, use and of the leased premises. LANDLORD shalt pat( • sewer, waterand trash. removal expenses. 'TENANT shall maintain and be responsible. for personal property and contract insurance in. such .amnunta as are significant .to,.ccoer all losses. to TENANTS propty, ARTICLE V UTILITIES. Tha TENANT shall pay promptly when due all charges for water, sewer, gas, heat and electricity for the entire premises and the TENANT shall maintain and operate at its - expense the heath hg- and- air•coaditlofling- equipment Tha utility. expenses Rre considered additional -rant and shell ba paid as. provided in Article -lit: ARTICLE VI APR. 15. 2008 1:29PM Bank Of ER River NO. 1245 P. 5 Apr 09 0® 09.29a Hess Law Office (783)274• p - MAR,25. 11.22AM Bank Of Eik River N4.0309 P. 4 n!s oP•impro�emen�• made and the � LANDLORD' may have reparrs, replacements a provided In of the same shall ba-•conslde red• additional rent whlch•'FENA�(T shalt pay as p Article 111. whiraft le federal, e . .dal Section 3�, TE>'�IAhIT's'�p'� snow. dgt�s�d agencies relating Cd'the "�'��� s and f ping"clear' {fern refuse the etdewalks; driveways, parking lo, aresrwaye•in arts- around abutting,elId prerNses that all Section 4: TENANT strait keep ain-the fixtures-and pd• onditiafr as existed at•the- commencement of included in this lei irr the 9c :and fixtures he this lease. Alt costs orfrepatrlfg'or. replacing said-equiP with tliis•s�on� the, TENANTS' reeFoneTbttity' lrr�� event TENANT fails to• �anrS ih® cost of saraa- shall carnettts• mad LANDLORD may ha�ve•etictr'reP'dlrs or repiet , rovided ia-Artictglil. • be cornsidersti`atlditionaF rent which T.ENANT. shall-pay �p ARTICLE VII. INSTALLATIONS, ALTERATIONS, AND §IGNS Section .1; TENANT shall not erect or install any advertising media or window or c door lettering or placards or other, signs. without LANDLORD'S prior written consent such consent not to be unreasonably. withheld. A monument will be erov by LANDLORD TENANT•wlll be.responsIble for the cost of TENANT'S 6I g g on the 9 e monument and slgnage on .the. b.ullding face designated by LANDLORD All eig na must be• pte•approved in writing by LANDLORD. Section 2. TENANT shall first not make aka any repairs,. alterations or. additions to the leased premises without LANDLORD'S written consent and. delivering to LANDLORD the plans and • 3 1 APR. 15. 2008 1:30PM Bank Of Elk River NO. 1245 P. 6 Rpr 09 08 09:29a Hess Law Office (783)274 - 1452 p• N. 0309 Y. MAR, 25.2008 11:22AIh Bank 01 Elk River 6 ' • proposed contracts. necessary parrrslts; and °ahlrlt specifications and copies of the prop t LANDLORD, All alterations, st. liana-, as may be- required by furnish, Indemnification agar► be made or Installed by either o� additions, Irr}prover�e+�Ls and fixtures; which may � e attached as fixtures .tA.. thQ s and which ar parties hereto upon the leaned premises floors; walls or ceilings, at the termination of this lease, shall become..the.propedY Ot , LANDLORD; and.shall. remain upon and be surrendered 'with the teased premises part as art thereof, without damage or injury end without compensation or credit to TENANT: provided, that TENANT may remove new trade fixtures purohased by TENANT if premises are .restored ,to original condition or beer by the TENANT. ARTICLE VIII INDEMNITY TENANT agrees to Indemnify and save LANDLORD harmless ag ainst any and II ail darns, demands, dat gas; costs and expenses, Irctuding-reasonabie attorneys lees :•forthe dafenselhanaot arising fromther d or management ofthe- bt►sinciss conducted -by TENANT Irr the-teased premises-Of from any breach of default an the part- ' of TENANT in the l ®aseckprernises or from: ariyy. breach. or default on. the part al TENANT in the- performance et any-covenant or agreement on the part of TENANT to be performed pursuant to- ths terms ofthis lease, or from-any ,ad.ar negligence of TENANT, Its emits, contractors, servants, employees, sublessees'. canGessiangires; licensees, invitees or others for whose acts TENANT is responsible, in or about the -,; leased premises, in also of any action of proceeding brought against LANDLORD' y reason of. any such-Claim, upon Fvotioe from-LANDLORD, TENANT.covanantsto defend such action of proceeding by counsel satisfactory to LANDLORD, LANDLORD shall not, i • ' APR, 15, 2008 1:30PM Bank Of Elk River ISO. 1245 P. 7 pp' 09 09 O9:29a Hess Law OFFioe (763)2 N U.U3Uy 52 r' u p. 6 i MA11.25.2008 11:23AM an Of Elk River fil 4 " ' _.,... T waives all claims. forth: mega to p`erzorr' or-.property austarin edi* be liable arrctTENaN d ew5tatx+�s�resa� agents; servants, inviteea•6�f1 TENANTS or 'TENANT'S employees,. � teas0� 4t ttae.teased- from the builder in' �'h+oh& leased preralses are b �, oat becoming out of premises or at�y e4u+tt or appurtenances . thereunto .appertaining. an accident in or about the leased premises; unless sUCt1 _ repair, or resulting from any Agreement. damage Is attributable to a breach of LANDLORD'S duty under this Laase Ag This shall apply especially, but not exclusively, to the flooding of the leased premises a status, and to damage caused by refrigerators, sprinkling devices, air - conditioning pp falling plaster, broken glass, sewage, water, snow, frost, steam, excessive heat of cold, plumbing fixtures. All property gas, odors or Holes, or the bursting or leaking of pipes or plu � be there at the ��'� belonging to TENANT or an occupant 'affhei eased premises obeli TENANT or such other. person& only) and LANDLORD shall-not be liable for damage thereto• of theft OF misappropriation therepf. LANDLORD hereby waives and releases all claims, liabilities and causes of action against TENANT and it* agents; sertva+'fteand employee&•for loss -or darr►age to* or Ctestructiorrof, the buildings and ethef irnproven ts- resuiting from -fire, explosion other perils included. , in• standerdextended- coverageInsurance, whether. caused •b e h e r negligence. of-any of said. persons or� otherwise. This Waiver. shalt remala in forces g , . as LANDLORD es LANDLORD'S shall con ti a witheutaddidor+st-pr emium, and.tf additional•premlum is charged LANDLORD shall pay said additional premium and treat such additional premium as a reimbursable Insurance cost under ARTICLE Ill hereof, LANDLORD- shall•glve TENANT written notice if LANDLORD'S insurer shall refuse to consent to this .waiver. Likewise; TENANT hereby - waives &nd- releases- ell. claims, iisbHities and eauses action against LANDLORD and its-agents, servants-and ( • . . APR. 15. 2008 1:30PM Bank Of Elk River NO 1245 P. 8 Apr O9 08 08:28a Hess Law OfP.ce (763)274 -1452 P• MAR. 25,2009 11:23AM Bank Oi Elk Riper N0.0309 P. B . • f REPAIR Section 1. The TENANT shall-keep. and maintain} tha intetaor or the.lease,d pre mlaes In the same good and tenantable condition as existed at the Commencement of the tease. The TENANT at its own expense, from time to time when required, shall • make all necessary repairs, replacements and improvements upon the inside of the demised premises, and shall keep and maintain In good condition the plumbing, heating, air conditioning and eleotricetl systems, and ail fixtures, appliances and facilities and all doors and window glass as furnished by the LANDLORD, except for e tnsuranoe. replacement and repairs covered and paid for by fire and extended coverag such In the event that TENANT falls to comply with this section, LANDLORD may have repairs; alts r P tecements and hfprovements made and cost of rah- shall be considered atiditiorraF rent which TENANT SW pay as provided-in-Miele 14I,Section.2 The • LAN DLOR&shall keep -the-foundatiens and-roof Mood- rep& and if necessary of required by proper g vvsrnmenta•l authoriY, regal; o$ replace the same, LANDLORD . A. shall not, however, be required to.n.ake Ely repairs modifications or replacements to the roof or foundation-which become-necessary by reason. of the negligencaot TENANTS, Ittagents, servants. of employees-. Except as pr4vided.ln the tirstsentenpe of this section.; the• LANDLORD - shall- not be obligated to- make anyy,.repairs,. replacements-or mFoveffi9RtS- of any ind upon. or t . the.extsrior of the ,Ieased - premises which shall-be -crept In -std good ar►• ord9t, repair. and condition by TENANT its existed at the commencement of thin lease; and In.a.claan aanita(y.and safe, condition and in accordance with ail applicable laws, ordinances and regulations of any governmentai.authority having jurisdiction TENANT shall permit no waste, damage or injury to the leased premises. In the event TENANT fails to comply with this section, 1_ • . . APR. 15. 2008 1,31PM Bank Of Elk River NO 1245 P. 9 Apr 09 09 O9:30a Hess Law Office (763)274 -1452 P• e MAR. 25. 2008 11: 23AM Bank 01 Elk River NO. 0309 P. • • •.. ..r. •. ....��................. ... w. ....., ..._...y,..,..,.... .. _. . • .. .. .. ... ,.. .. ............r...... ., ...... -. -.. n. employees for loss or damage to, or destruction of the buildings, and other improvements, fixtures, equipment, supplies, m rchandiseand.oth.r property.whet at that of TENANT or of others in, upon or about the leased premises or the buildings or improvements of which the leased premises are a part resulting from fire, explosion or the other perils included In standard extended coverage insurance whether caused by the negligence of any of said - persons -or otherwise, This walver shall.remain in.forre as long as. TENANT'S Incurs► be requlredto•paythe same to keep thie.wa ver in foccl and treat suOh additiorial-premium. a$.a reimbursable insurance cost under ARTICLE.III hereof. TENANT shall give LANDLORD written notice If TRNANT'S insurer shall refuse to consent to this waiver, The foregoing mutual waivers are given in consideration of each other, and the termination or suspension of one shall with like effect terminate or suspend the other. • • AR -TiCLE IX INSURANCE Section 1. TENANT shall not. store- or warehouse. any goods. or equipment or- do, anything in or about said ieesed premises- which will- Increase Insurance rates on said, leased. premises. without- LANDLORD'S prior written • consent. If LANDLORD sh0I1 consent to such use TENANT agrees to. pay as additional. rental. any increase, in premiums. for Insurance against. loss by- fire or extended coverage.. rinks. resulting therefrom; TENANT shale, at its- awn expense, comply with the. requirements_ of Ineufance` underwriters of insurance rating bureaus and governmental authorities having Jurisdiction. • APR. 15.20Q8 1:31PM Bank Of Elk River N0. 125 P. 1Q Nu. Uluy npr ud ud ups sue _ - mess Law urr ice ('763)274- 1-►., Iv p.10 , R. 25.2008 11:20 Bank Oi Elk Rive( -,- 11) •• • .,--, . �. policies-of insb�'a'n(�, -.tits Sectlon.� TENANT $. to raalntaio a•1licy pp d 9 insuring LANDLORD a i- TENANT from. all claims. dema��s own costs an expel► or actions for injury or dead( of any one person Ito an amount of not less than , ne. cson in any,an ®,accidentti4' 14,00Q,004,00 and-for injury to or death of mnore than o pe . 00. an 14,00D,0 damage.to••pxOP in. an amnuni of .not less. than the•ilmlt of $3 ;40D•��� armor corporation arising $50 ©,O4QiO4 rnade•by� or on behalf of any. person or. i d insure►1Ce shall not be from, related to, or connected 'with, the leased prem �' subject tacaraceilatiott.. except . after, at, least ten (10) days prior written notice to LANDLORD, and the policy or policies, or duly executed certificates for the same, together. with satlsfa�ctory.evldenoe of the payment of premium thereon, shall deposited with LANDLORD at the commencement of the term and renewals thereof not less than thirty (30) d a ys prior to the expiration ation of the term of such coverage ' • T X DAfi AGE fV F ' OTHER OA AL TY Section 1. In case the building h which the leased premises are Situated shall be fire or other casualty insurable-under standard fire anct , �: partially ortntetly t • or t+o4ayy��ur�tenantable� OR ®xt�e►Yd - cov rage rra ce so as to become- partial t eex�penee- of•LANDLORD,, uelets same' shall be-repaired-as speedily-as-possible-at ���� p�ulded, and- e,}t+� and.. LANDLORD shall not to rebuild, propurtro P Geranls. e►re �° Hate atrt.of the-minimum rent shall be abated until-the leased'p leased, Peomisea'are repaired-based upon-the•ttme �Ht�ex the-extent-the rises are.a►tu d', urrterrarttable sectlorr2 In case. the- twitdJnf} "Wt►ish the leagad p t . V ' III . .. .. _ _...._ . ._.. ... _ _ _ ..... _ _..... __.... _ APR. 15. 2008 1:31PM Bank Of Elk River NO 1245 P. 11 Hprr 09 09 09:34a Hess Law Office (763)274 -1452 p•1 MAR. 25.2008 11:24AM Bank 01 Elk River NO. 0309 P. 13 • AR` ICLE- ,I l ACCESS TO PREMISES Section 1. LANDLORD shall have the right to enter the leased premises at all reasonable hours for the purpose of Inspecting same or of making repairs, additions or • alterations thereto or to the building in which the same are located, or for the purpose of* exhibiting purchasers- or:others,,The exercise at such rights hail. not be deemed an-eviction. or disturbance of TENANT'S • use-ci,r possession of the leased premises. ARTICLE; •XJV DEFAULT AND REMEDIES Section 1. LANDLORD' may teirrrinate9 this is and upon -the. happentrtgof sevorterormore ofths foilowing-events which shelf constitute a• default ruder this lease -and thetaliure of theTENANT to ours sa d defaultwithin thIrty.(34.1 days after written notice to TENANT (within ten (10) days in regard to the payment of rent or any other monetary payment under this lease); (a) the making, by TENANT of an assignment for the benefit of its creditors; (b) the levying of a writ of execution or attachment on or against this lease; (c) in the event proceedings are instituted In a Court of competent Juriediotion for the reorganization, liquidation or involuntary dissolution of TENANT, or for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of TENANT, and said proceedings are riot dismissed, and any receiver, trustee or liquidator appointment therein discharged, within thirty (30) days APR. 15. 2008 1:31PM Bank Of Elk River NO, 1245 P, 12 Rpr 09 06 09:94a Hess Law Office (7631274 -1452 p• MAR.25. 2008 11:25AM Bank Of Elk River 110, 0309 P, 14 • after the Institution of said - proceedings; (d). the filing- of a- mechanic's-lien for work done It on theleasetpremlees b pafUes. other tk n LANDLORD or for work done for.. TENANT; an.instailment of:rent -wizen due or to. perform .any.other..of'o covenants under this- lees. Section 2'. Upon the termination of the estate pursuant to Section 1 hereof; LANDLORD -may re -enter the- leased premises witn of withoutlrooess of law. wing, such force asm be-necessary, ay an remove aal.persorrs •andchattels therefrom. awl LANDLORD.thali. not be liable for damagee.ot otherwise:by- reason of satd.re- entry or termination of the term of this lease, Notwithstanding such termination, the liability of TENANT for performance of the terms hereof shall not be extinguished for the balance of the term remaining after said termination. Section 3. In-the-event of any-breech hereunder by TENANT, LANDLORD may upon, ten (10) days written nottee•teTENANT or at:enytime thereafter, cure such breach tor the•accourrt and at thee peneeof TENANT, If LANDLORD. attany time by reasons! such breach•electe to pay -eny sum of'nx ayertio any act which.•wtil require the peymeht of neney of incurs-any expense-including reasonable tameys' .fees,. In instituting or praeeouting any action or proceedingta.enforce• LANDLORDS rights.. hereunder, the sum of sums-se-paid by LANDLORD,. with •intereetthereon. Atha ,rate_Qt twelve percent (12%) per annum from the date of payment thereof, shall be deemed to be additional rent hereunder and shall be due from TENANT to LANDLORD on the first day of the'rnonttr following the pmt os~.s ch respective sums or expenses.Sectlna 4. Should LANDLORD. be-im default unde1 theterrns of this lease, LANDLORD shalt k thirty days in which to cure same or commence reasonable steps to cure after written notice to LANDLORD by TENANT. Thereafter, TENANT may, at its) elections, incur • , zi _ti_ APR. 15, 2008 1:32PM Bank Of Elk Ri NO, 1245 P. 13 r Rpr 09 D8 09135a Hess Law Office (7633E74 I° - MAR. 25.2008 1115AM Bank Of Elk R ivef NO D3D9 P. IS _ • ' - ' ' ' * gush reasonable expenses -, Including attorney's fees, as shall be necessary to remedy =T '�EaANTS•cect� LANDLORD'S breach, and•these expenses shall be offset .against obligation under ArtIcIrN ll. .ARTICLE %V SURRENDER OF POSSESSIOtk Section 1. At expiration of the tenancy created hereunder, whether by laps of time or otherwise, TENANT shall surrender the leased premises In good condition and repair, reasonable wear and tearand toss; byfinror. unavoidable :as ualty d. If the - leased Premises. be -net surrendered et the end of the term or the loaner termination- t eof, TENANT shall irtdemnity.LAl DLO Ra against. toss .or liabillty. resulting-from delay. byTENAMT in sasurrenderingthe .prsmiaes,•including, without ilmitatiof, clairxls Made byany suc ceeding•TENANT founded on such.delay..TENANT shall promptly surrender all keys for the teased premises to LANDLORD , • Section 2. In the event TENANT remains In possession of the het ®in leased premises atter the expiration of the tenancy created hereunder, and without the execution of a new lease, It shall be deemed to be occupying the leased premises as a TENANT from month- to- month; at one - twelfth the tten ren s t0 li other conditions, provisions and - obligations of thieleaSe insofar as -the same are applicable-to month -to- month tenancy.Sectiof 3, Upon theexpiration of.the•tenaJcY hereby create;, if LANDLORD-se-requires-In-writing TENANT ahall.prompt Y. remove any additions, fixtufes•and installations placed in the leased -pr bsas.iac 4p d designated In said request) arid• pia' any damage occasionedby such .. removals at TENANT'S expense: In the event .o , a. default by, TENANT, LANDLORD may effect such remova4s•and repatrei and TENANT shad pay LANDLGRD tha.cost.thereaf upon • 1 APR. 15. 2008 1:32PM Bank Of Elk River NO. 1245 P. 14 Apr 09 09 09:35a Hess Law Office (7G3)274-1452 p. MAR, 25.2008 11.25AM Bank Of Elk River NO, 0309 P. 16 • demand together with Interest at. the rate of twetvepereent (12% per annum. front.the 1, date of payment of. LANDLORD fop said repairs and - removals. ARTICLE XVI SUBORDINATION. TENANT agrees that this- lease.shathe"subocdimte; to a mo or trust deeds • that � e may hereafter., be placed, upon. said leased.premises Flt o aeIde dot he mortgagee, or trustee thereunder shall agree to recognize TENANT'S rights hereunder as long as TENANT Is not in default hereunder, and TENANT shatf attorn-te such mortgagee or trustee., TENANT further.agrees that upon notification by LANDLORD TO TENANT this lease shail or become prior to any.mortgages. or trust deeds that may heretofore be placed on said, leased premises, TENANT shall execute and deliver whatever Instruments may be required. for the above purposes aid failing to do.so ('IO },days after, III • demand in writing, b LANDLORD to TENANT does hereby make, constitute and irrevocably appoint LANDLORD as its attorney -In -fact and in Its name, piece an stead so-te do; ARTICLE XVI} NOTICES Whenever under this -lease &provision is -made for notice deny kind, such notice shall be In writing and signed by or on behalf of the party giving or making the same, t and it shall be deemed sufficient notice and service thereof if such notice Is lo TENANT ant ben by Teg et'tert# led mail; postage maid; to-•Stls ittstpest office ,mess of TENANT furnished. to LANDLORD for such purpose, or to the leased. preen sea; snit if APR. 15. 2008 1:32PM Bank Of Elk River NO. 1245 P. 15 Api* 09 08 09:35a Hess Law Office (763)274 - 1452 P• . MAR. 25, 2008 11:25AM Bank 01 Elk River NC, 0309 P. 17 to LANDLORD sent by registered or certified mail postage prepaid, to thev.i•:ANDLO D at the address furnishod for such, purpose, or to.the place- then-fixed for the payment of rent. If LANDLORD or TENANT is more than one person, notice need be sent to but one TENANT or one LANDLORD as.the• case may. tr. = ARTIOLE•X 4111 G NERAL Section 1. Nothing•contained• herein ehali.be deemed or construed.by•the partigls hereto, nor by any third party, as creating the relationship, of principal and agent or of partnership or of joint venture between the parties hereto,Section 2. The various rights and femedles h sreiR contained and reserved•toeach ofoths-parties hereto shall not. be, considered as exolusive of any, other right or remedy of such party; but shall be construed as cumulative and shall be in addition to every other remedy nor or thereafter - • iR existing at law, in equity, or by statute, No delay or omission of the right to exercise any power by either• partyshail impair any:suah right. or power, or:be oonstrued as a waiveC of any default or as acquiescence. therein_. One,or.. more.waivers_ of.any term, of this, lease by either party shall not•bs construed -by the other party as &waiver of a subsequent breach of the same term, The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent, to or approval of a subsequent slrttilar act,Sectior 3, The headings of.the, several articles contained herein are for convenience only and do not limit the contents of such articles. All negotiations, considerations, representations, and understandings ';r APR. 15. 2008 1:32PM Bank Of Elk River NO. 1245 P. 16 90 09 08 09:35a Ness Law Office (783) 274 -1452 P• 6 MAR, 25. 2008 11:26AM Bank 01 Elk River NO. Q309 P. 18 � may be modified between the.parties are incorporated h ere in , and thls•lecteetree b ., di __.._.,.. or altered only by.agreemert Ira-writing signed by•beth parties. Section 4. The covenants and obligations herein •contained. ohali• extend'to, bind and .inure. .to the bertetiit•af not.onI .the parties.hereto.butthelr• respective personal representatives;. heirs, successors anti. assigns, . Section. 5. Wheeeuex.a.period.of time is herein pravided.fo$ either..party Wide er • perform any act or thing,: that party, shall not be liable or responsible for any delays, due . to strikes, riots, acts of God,. shortages or tabor or materials,. national emergency, acts of a public enemy, governmental restrictions, laws. or regulatians,.or any other cause or • causes, whether similar or dissimilar to those enumerated, beyond its reasonable control and the time to do or perform such at or thing shall be extended for the period of such delay. Section 8. TENANT shall not record this lease without the written consent of • LANDLORD. Section 7. No payment by TENANT or receipt by LANDLORD of a lesser amount than due herein shall-be deemesi --te be **O ben on account of Biagi s*pulated amount due, nor shall any endorsement or statement on any check or any,letter accompanying any check or payment be deemed an accord and satisfaction, and tt LANUDLORD. may accept.auch. checker. payment without-prejudice to•1:ANDLORD 5L right to recover the balance due or pursuant to any other remedy provided for in this • please provided. Section 8. Each of the parties represents and warrants that there are no claims for brokerage commissions or finders fees in connection with the execution of this lease, except as listed below, and-each at the partlos•agreee to ii dentnity the other APR, 15. 2008 1:33PM Bank Of Elk River NO. 1245 P. 17 . Rfir O8 08 09:36a Mess Law Office (783)274-1452 P• MAR, 25.2008 11:26AM Bank Of Elk River NO.0309 P. 19 .........._...._ , . ... .. 44 %Ilk.. .41 .00 , , 0.44_4 .. ,, against all liabilities arising from any such claim (including without limitation, attorney's fees in- connaction.therewlth), ARTICLE-11X SECF)RFTY DEPOSIT Section 1. TENANT contemporaneously with the exeoution of this Lease has deposited with LANDLORD the sum of 0 Dollars and 0 cents receipt of which is acknowledged hereby by LANDLORD, which deposit is to be held by LANDLORD, Without liability tor,rtttareet- (except as- may be-required by applicable law), as sesurityF and• damage deposit fort e faithful. pe4orrnance-byten nt°tlur+ng- The ter .hareeforany.extension •hereof, Pr10 to the time -when} TENANT shall be entitiadta.the- returrtot.thisaecur#ty deposit LANDLORD maim-mingle such deposit with LANDLORD'S own funds and to use the security deposit for such purpose as LANDLORD may determine. In the event of the failure of TENANT to kee.p and perform any of the terms, covenants and condition of this Lease to be kept and performed by tenant during the term hereof or any extension hereof, then LANDLORD, either with or without terminating this Lease, may (but shalt not be required to) apply such portion of Bald deposit as may be necessary to compeftsate•or repayLArNEXORafor a losses er•damagee onto be sustained -by LANDLORDdue-tolUch breach ©n•thepart atlas TENANT, including qut not limited- to overdue and. unpaid rent; anyR other sum payable by.TENANT to.. LANDLORD pursuant te.the pfevis+ons of thia.Laase, damages..oc deficiencies In the reletting of Derniaed- Premises, and•reasonable attorneys' fees.Ineurred by. LANDLORD: 4111 APR. 15. 20Q8 1:33PM Bank Of Elk River NO. 1245 P. 18 Rpr 09 08 09:36a Hess Law Office 1763)274 -1452 P• , MAR. 25. 2008 11:26AM Bank Of Elk River NO 0309 P. 20 • " Should tine entire deposit arty portion hereof, be. appropriated-and applled•by. LANDLORD, in aesordancewfth the•provisionsof thlsearagraph, TENANT upon writ* demand by LANDLORD, shall• remit- forthwith to LANDLORD a. sufficient 8maunt• of cash to restore` said- sesurltydeposit to the Original SLIM deposited, and TENANT'S failure to do.so within five (5) days• after receipt• of such' demand shall. constitute. a.. breach of this Lease•_ Said security deposit shalt be. returned to TENANT, at•te end,of theteFrn of.this.Lease or any renewel.thereot, or, upon the eastlsr termination of this Lease. TENANT shall have no right to anticipate return of said deposit by withholding any .amount required to be paid pursuant to the provision of this Lease or otherwise in the event LANDLORD shall sail the Premises, or shall otherwise convey or dispose of its. Interest in thieLeass LANDLORD assign said security deposit or. any balance thereaf= to•.LANDLO •D'S assignee, ww hereupon• LAt LORD..shell, be, • released from aff liabllIty. for the return- cu repayment of. such.secuGity.deposit. Said security deposit shall -not be aesioned.or encu red- by.TENANT withaout.the,writte consent of LANDLORD, and - any - assignment or e► acumiarance- withaut.siuch.consent. shall not bind LANDLORD. to the event of any rightful and permitted assignment of this Lease by TENANT, said s ®curlty.depoait obeli be deemed to be held by LANDLORD as a deposit made by the assignee, and LANDLORD shall have no further liability with respect to the return of said security deposit to the TENANT. • t APR. 15.2008 1:33PM Bank Of Elk River Na 1245 P. 19 POr 09 08 09:36a Hess Law Office (763)274 - 145 2 P• MAR, 25, 2009 11:26AM Bank Of Elk Rive! NO.0309 P. 21 • ... ..1 44 .4. 44441 .. 1......._... 44_..44.... 44 .._. ..,.. •.. ARTICLE XX 'ESTOPPEL CERTIFICATE Within ten (10).days:a r rectuesttlitirefore byt ANDLORD; TENANT shell proVidean offset statement in recordable forte to any proposed mortgagee o; purchasers, or: to LANDLORD, certifying (if such be the case) that this lease is in full force and effect and there are no defenses-thereto, ©r stating those claimed TENAN -T and•certifyring.to- each other matters•aasuch partly shall- reasonably request, In the event TENANT should refuse to execute and deliver said statement, LANDLORD shall have the right to cancel this lease by giving - TENANT, an- additional. ten (.1 t1) days. notice. in writing,.or LANDLORI? may; as attorneyatmfact for TENANT, make such statement, TENANT hereby constituting and Irrevocably appointing LANDLORD its attorneyln fact for such purpiae. ARTICLE X t TITLE LANDLORD- covenants. and- warrants that it kaa- full- right.and authority- to ente , into this lease for the full term hereof. LANDLORD further covenants that TENANT, uporH paying-the-rent and upon pt+Nr'irming tie agreements-o tk► tease la be :perferieed byTENAN.'f, will. have, hold • and enjoy quiet -posseeeion•of the leased:.prex s. ARTICLE XX4J OPTION TO PEUEW., • APR. 15. 2008 1 :33PM Bank Of Elk River Na 1245 P. 20 Apr 09 08 0S:37a Hess Law Office 176312 ?4 -1452 p.10 iMAR, 25.2008 11:26AM Sank Of Elk River NO. 0309 P. 22 4 • Provided TENANT is not in default beyond any period given TENANT to cure such default, It shall have one (1) option to renew (each, a "Renewal Option ") of (5) Five years, Base rent will increase 3.5% per year of the Option Period over year 5 rent. for years 6,7 and 8, Base rent will Increase 4,5% per year over year 8 rent for years 9 and 10. A. If TENANT elects- to- eaeaalse -•a Renewal Option, It shall do•so bt.g;vfng, written notice at least• ons hwtndred•eighty •(18ti)• days~ before- tihe•erid of the.lnitial Term eu, any_ extended-term, as appropriate; B. The terms -of this Lease- sha #.apply.te any-extended term-of It, except In -x►o event shall TENANT have more tk►an•one•(-1)- Rerrewal• Option- described in this Seetilin. C. The failure or election. of TENAN -T not to exercise a• Renewal. 4ptipn terminates..any remaining- Renewal. Optima, IN WITNESS 'WHEREOF, LANDLORD and. TENANT 'have. signed. and . sealed, this. lease as of. the day and year above written. LANDLORD: TE #T ti ar ' O:'?dge dente, Center.. By: Dr. Douglas G, Weiher f Oekr'dge Dental Cen er, L.L.C. By: Dr, Todd Mehli • • APR. 15. 2008 1:34PM Bank Of Elk Ri ver NO. 1245 P. 21 t Ap'r 09 08 09:37a Hess Law Office (763)274-1452 p. 11 'MAR. 25, 2008 11.27AM Bank Of Elk River NO. 0309 P. 23 ATTACHMENT A TENANT IMPROVEMENTS The following Is an allowance for tmprovement&,to be.made space, Any improvements In excess ofthts allowance shalt b'e the sole expanse and responsibility of TENAN.T. Any improvements made by.TENANT shall be completed in a good and workmanlike manner with all payments for labor and material,made In a timely manner, The Landlord has the option to perform the following Improvements. of credit en equal dollar amount against the first.yeata.xent for. improvements not performed by Landlord r at Landlords I discretion, p Y n sole des etion, t Drywall.- 3409 sf drywall t at d•�ct 0 an labor 2 90 00 . $ MN , • 2. Painting - 24n sf office- no eeili 338 I#� baser fin ish six. doors) $3.400. • t Kt9, ) 4 0 3. Ceramic Tile - .90.sf .(484 If th a hook ). $1.08040 4, Rough Frame -Seawall- $2801p0 5. Carpet -- 2400 of glue down no pad; commercial carpet 25 yd -290 yds $7,260,00 8. Millwork Base - 340 If (Wood); 6 Int. doors 3088 Oak $2,700,00 7. Hardware 1 Door allowance $400.00 j y 8, Mechanical beat 1Alr ($8,097.00 each) $12,194,00 9. Sprinkler / Extenslon of existing heads $1,700.00 10. Electrical $6,820,00 APR. 15. 2008 1:34PM Bank Of Elk River NO, 1245 P. 22 - Mr 09 08 09:37a Hess Law Office (763)274-1452 p.12 25. ?O8 11:27AM krill 01 Elk River NC, 0309 P. 24 ‘. 11. Acoustic Coiling $4,000.134 12. Miscallatleous- $2,000.00. 4 • i 40 • APR, 15. 2008 1:34PM Bank Of Elk River Nth, 1245 P. 23 t. - Apr 09 09 09:97a Hess Law Office (763)274 -1452 p.13 MAR. 25. 2008 11:21AM Bank Of Elk River NO 0309 P. 25 • ATTACHMENT 8 GUARANTY This Guaranty. ia..attacted -ta aLease,Dated.usof the_ ht. day, of , 2006., by-andisetweon lit rrt.Montanori• andtcrrnand Douglas Weiher and Dr, Torte- DBA Dentaf E.E.E. t?aitrld$e- The undersigned, in- consideration. of the-leasing of the-Premises•.de9crtbad irrthe, attached Lease to the•TENAN -T therein: mentioned, and benefits-ierftfch.the•vndera&gned expect to deriveJfremsush tease; y' Y, ur 4dit'ionafrend•ircevocable guaranteee•to. the LANDLORD the full•and co mple rte.per€ormance•af TENANT =S covenants and. ©bilgaNans- r eaid-Lease-, inclttding wry .extareslon;' renewal or holdeveFthefeet.and • ' I�. Ih�iL-paY t'by�TEiUr�affBase�.i, operating. costs and Additional- Rent and altether etrarges and. amounts required-to be- paid- by. TENANT under the•Leaso and the underaigrreddwiH•pey atf•of i:ANDLORD'S expenses, including attorneyelfeee Incurred In enforeirr$the•obligations bf•TENANT under said Lees% or inured I enforcingthis-Otierenty, The undarsigned•Mefeby* waive -a9 requirements-of notieeaf the eeeeptanceof this Guaranty and all requirements of notice of breach or•nonperfarmance by TENANT: The undersfgnedks hereunder shalt remain fully binding although: (a) LANDLORD may have waived one or more defaults by TENANTS, extended the time 'of, performance by TENANT, modified or amended the Lease, released, returned or misapplied other collateral given. Later as additional security (lracludiag.other guaranties, , or released tenant from the performance of its obligations under such Lease; or (b) TENANT may-have assigned, subletor• etherwiselranefafred.the-Lease, The undersigned shall not _be.subro ated to an of the rights of LANDLORD under ti tease-err to to - me- Pferrf sec cfes cibeit theme, sr teeny dfiter rights for • • t APR. 15. 2008 1:34PM Bank Of Elk River NO. 1245 P. 24 R r 09 08 09:38a Hess Law Office (783)274 -1452 p•14 • ..MAR. 25. 2008 11:27AM Bank Of Elk River NO.0309 P. 26 t • LANDLORD, by ceasori. of any of the- provlsiens- sf.this -t ant &or by reason-of the performance by the undersigned of any of its or their obligations under.thls Guaranty. This Guaranty shall - survive eRptradon areariisrterminetfort ofthe tease without limiting the generality.of the foregoing, the undersigned hereby acknowledge that If the, tiotdbr of any mortgage, deed of trust, underlying ground lease, holder of any like annumhrance or purchaser, atfore.clasura sbaG . the.interesta.of LANDLORD, under the Lease, this Guaranty.shall remain In full force and effect for the benefit of any holder of said- encumbrance purchaser, awe* be The undersigned's. obligation shall be Joint and several and the release of one such guarantor chaff not release any other or such guarantors, This Guaranty shall be binding. ,u on P the unciersrgrted- anttiteic Fespective•heire executers, admFnFstratgrs, representatives, successor and assigns. j . tdby the- - di/tie defy of irt , 2D0 S 44r� , Address. of Guarantor(r4; • ■ • APR. 15. 2008 1 :35PM Bank Of Elk River NO. 1245 P. 25 TIP,- 09 08 09:38e Hess Lew Office (763)274 -1452 p.15 .'MAR. 25.2008"I I : 29AM ''' 'Bank Of Elk River 'v' " "' " — " "" " """ ,jsfUI2oas. 12:kt FAX &D'U7 s- NO. D3 t i if I ...., ,... ... lb. . . . , .i. f.. . a.,... ��. Htro to and'kaera Eby-tea follovAnspertra Oekr/d.P.DtabiOnlate aAd Bari Montaaari, 0 his assigned (i.nndlord). Rcpt >E'ronen . 1, The monument sign at 13481 tips' 9t: Nollh is end will remain thopropetty of the Landlord 2. Tenant it responsible for the cost relative to tenants overlrq, including but not limited to artwork, deter,•du.00st.ofthe individual stet itsdf installation of the overlay. The individual sign will remain the tenaani'aproperty, The Mattel sign will be ' • producntbythelantilordeislos company. Thatenantwillpay the,et;acivnat.of,d a }gla company's invoice directly to he landlord, forth ialdivtdusl sign. "fho tenant will ,tss:ea s: '� iris dio invoice dfrrwttp-froarrtllo-Ytrioornpassyr W 3. The fao for sign space is 340000 two hundred' denial ft east Zi ded sperm . ' approximately 3' high it IP wide, per month sod duo and week with augments teat in . advance, payment is due oss or be4sre the SM of ash month indite oubf5set to a laic ho • of 330.04.i£twt.recelved by die 11P of sail mends, Payment will commence and bo due, on the first ofthemonth following the abesalistion of the tenant's individual sign. x,. 4. The timepetiod of the sign apace lease will tun comment wit the tenants Lease with ' . Landle at k:} the a ant- thetexatat miongerlair,ea in the Landlords building at 134/it 44 Norlhd}ia sign space kw is immediately tcrmtneted, 'unless otlitg vwPe provided forty z in- , ,- lifiEnk 5. to the event the tenant is more than 10 days( late wits moat; (bas' L• aadlOftt wilt send notice of'Damn via U. 3, mrdl to tensest-notice as daamen givers wbon snailed/or seemed by paresmat service, if said tartans remains in deEbult tar novel / yin ed fora period of 10 , fleassitettenisitAntiztim the Lettdlord will have tho giants indivisivaf sign removed, 0 • the cost of Ws tenant. Tenant will also be responsible for the cost ofxe •installieg the ' xareaete 41 dIvldual s€ip if needed, • i • .. . ■ APR. 15. 2008 1:35PM Bank Of Elk River NO. 1245 P. 2 3 f , n,, 09 09 09.38a Hess Law Office (763)274 -1452 .16 , �� MAR, 25.200811 :29AM' — Bank Of Elk River N0. 0311 6P. 2 _ t tiviNaoo8 12 :Is wed. otlltlIt eo a � • • ‘ ID'. • r , ■ Matalliat MQ IOM , it 6,'The Landlord is rsspoos ble for insurshoe of tic n;e, ument, nss•woll es the' . monument in von eondi i n, prasonstble with tendtoape and well ligted oa ill tinge, Landlord is rtsponsildefox on costs reletivo to eIocttfoIty, m+dbPM*noe and up keep or , meoazoent =Latin addiiicnal east to tins*. 7. All other tenni end oarnditioue of teninitendlord lease remain unpleased by this ,, less to 8. sy Tenant stgttinetMa ogreement Saban ap+is-tbat signspast.itkinidatihmall to but 'entrant a nd' Tenant agent to pay addhionu tent in minds= with this Acianent. 4 ., (2„j,240.3 T.,7.4,,,di , _....0-- • • . _, : , . e : irrt Yont -LiCa tad' td.. # A 4... Persona s • ' ' tO/1 /Ir , . • • . LS @apyg APR 1 2 2002 • Return to: Robert G. Briggs 1835 Northwestern Avenue Stillwater, MN 55082 DECLARATION OF CROSS EASEMENTS RECITALS: 1. Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, (hereinafter "Eagles "), and Bart Montanari, (hereinafter "Montanari "), are owners of adjoining • property in Washington County, Minnesota. 2. The Eagles are the owners of property at 12969 North 60 Street, Oak Park Heights, Minnesota 55082 legally described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the "Eagles Property"). 3. Montanari is the owner of property at 13481 North 60 Street, Oak Park Heights, Minnesota 55082, legally described on Exhibit B attached hereto and made a part hereof (hereafter referred to as the "Montanari Property "). 4. Both properties have bituminous surface parking lots and the parties desire to provide for the use of the parking lots by the adjoining property owner during certain hours of the day. • NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the undersigned hereby create the easement and covenants hereinafter set forth. 1. Grant of Easement. The Eagles hereby grant and convey to Montanari a temporary easement for parking purposes only over the bituminous surface area of the Eagles Property now used as a parking lot. 2. Grant of Easement. Montanari hereby grants and conveys to the Eagles a temporary easement e t for parking purposes over the bituminous surface area of the p g pmp Pro a now used as a parking Property p g lot. 3. Limitation of Easement. The easements granted herein shall be limited as I II follows: The Eagles shall have the right to use the Montanari parking lot easement described above during the hours of 5:30 p.m. until 7:00 a.m of each day. Montanari shall be allowed to use the parking easement on the Eagles property during the hours of • 7:00 a.m. until 5:30 p.m. of each day. No semi - trucks, trailers of any kind, bobcats, backhoes, trucks in excess of 1 ton or similar vehicles or equipment shall be allowed to park on the easement premises without the consent of the fee owner. 4. Repair and Maintenance. The owners of their respective properties shall have the sole obligation and responsibility for the repair and maintenance of the parking surfaces on their property. Such repair and maintenance shall include the resurfacing of the parking area, the plowing of snow and the application of salt and/or sand as needed. Each party represents and agrees that it will maintain their respective parking surface in good condition of repair. • 1 - 5. Easement not to be obstructed. It is expressly understood and agreed that • the easements herein created are for the sole purpose of parking. The owners of the parcels shall use the rights granted by this instrument with due regard to the rights of others and their use of such easement shall be such that it will not obstruct passage or drainage thereon. 6. Easement Term. This easement shall be for an indefinite term but may be terminated by either party by written notice to the other 60 days in advance of termination. Such notice shall be delivered personally or by certified mail to the addresses in paragraphs 2 and 3 of the Recitals set forth above. A copy of the Notice of Termination and Affidavit of Service shall be recorded in the office of the Washington County Recorder if this easement document has been recorded. 7. Amendment. The parties agree that the provisions of this Declaration of • Cross Easement may be modified or amended in whole or in part only with the consent of all of the owners of the parcels by amendment in writing executed and acknowledged by all of those parties. If a party has a mortgage on its parcel this Declaration of Cross Easement and any amendment without the written consent of said mortgagee shall not be enforceable against or binding upon that mortgagee. 8. Easement to run with the land. The grant of the easements herein shall run with the land and be binding upon and inure to the benefit of the owners of the parcels, their heirs, successors and assigns unless terminated as hereinabove provided. • IN WITNESS WHEREOF this Declaration of Cross Easement has been executed he da on the � Y of 3 = , 2002. Stillwater Aerie No. 94 of Fraternal Order of Ea les of Stillwater " l' - (1)24— Its: CA R - r" �n�- �'Rusr�b5 • 1 State of Minnesota ) )ss. County of Washington) The foregoing instrument was acknowledged before me this day of 2002, by , the of Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, a fraternal organization, on behalf of the organization. • Notary Public State of Minnesota ) )ss. County of Washington) The foregoing instrument was acknowledged before me this day of , 2002, by Bart Montanan. Notary Public Drafted by: Robert G. Briggs Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP 1 835 Northwestern Avenue Stillwater, MN 55082 • i • EXHIBIT A ( "Eagles Property") Tract B, REGISTERED LAND SURVEY NO. 57, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; EXCEPT that part of Tract B, REGISTERED LAND SURVEY NO. 57, lying northerly of the following described line: Beginning at a point on the east line of said Tract B, distant 129.04 feet south of the northeast corner of said Tract B; thence northwesterly to a point on the west line of said Tract B distant 34.50 feet south of the northwest comer of said Tract B and said line there terminating. TOGETHER with an easement over, under and across Tract N, Registered Land Survey No. 57, on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. • EXHIBIT B ("Montanari Property") Lot A, Registered Land Survey No. 57, except all that portion lying northerly of the following described line. Beginning at a point on the East line of said Tract A distant 34.50 feet South of the northeasterly corner of said Tract A; thence westerly to a point on the West line of said Tract A, distant 21.26 feet Southerly of the Northwest corner and said line and there terminating.