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<br /> . / <br /> -,--- <br /> LEASE ADDENDUM <br /> . <br /> ADDENDUM to that certain lease dated the _ day of April 1998 {hereinafter "Lease"}. by <br /> and between: AMB Property, L.P.. a Delaware limited partnership (hereinafter "'Lessor"'). and the <br /> City of Arden Hills, Minnesota (hereinafter "LesseeW), for that certain premises located in the Round <br /> lake Business Center (hereinafter "'Premises"} located in the City of Arden Hills, Minnesota. <br /> WHEREAS, the parties desire to amend andlor add to the terms of the Lease. <br /> NOW, THEREFORE. the parties agree as follows: <br /> 1. ADDENDUM PREVAILS. <br /> The provisions of this Addendum shall be incorporated into the provisions of the lease as if <br /> fully set forth therein. Notwithstanding any provision in the Lease that may be inconsistent with or <br /> contradict any provision of this Addendum, the provisions of this Addendum shall prevail over any <br /> such provisions in the Lease. <br /> 2. TERM. <br /> The term of the Lease shall be for thirty-six (36) months commencing on May 1, 1998, and <br /> continuing until April 30, 2001. The Lessee shall, however, have the right to terminate the LeaSe <br /> effective as of April 30, 2000, by giving written notice of its intent to terminate this Lease at least <br /> one hundred twenty (120) days prior to such date. Such termination shall be without premium or <br /> penalty on the part of the Lessee and upon such termination Lessee shall have no further obligation <br /> for the payment of rent or additional rent under the Lease. <br /> 3. LESSEE'S SHARE; COMMON AREA CHARGES. <br /> "'Lessee's Share~ for purposes of the Lease shall be equal to a percentage calculated by <br /> dividing the feasible square footage of the Premises, which is 4.416 square feet, by the gross <br /> leaseable square footage of all space in the Industrial Center. <br /> . Lessee will be liable for administrative charges in maintaining the Common Areas only to the <br /> extent such administrative charges whether entitled administrative charge or management charge <br /> are not already included as "Operating Cost'" of maintaining Common Areas. <br /> 4. HEATING. VENTILATION. AND AIR CONDITIONING. <br /> Lessor warrants that the heating, ventilation and air conditioning systems shall be free from <br /> defect in material and workmanship for a period of one (11 year from the Commencement Date. <br /> Lessee shall maintain a quarterly preventative maintenance contract for the heating, ventilation and <br /> air conditioning system. In the event any of the heating, ventilation and air conditioning systems <br /> require replacement during the lease term, Landlord shall replace and pay for the system. The new <br /> system shall be deemed to have a ten-year useful life. which shall be amortized over the ten years <br /> together with 11 % interest, of which Lessee shall pay its pro-rata share on a monthly basis in <br /> addition to its base rent and operating expenses. <br /> 5. SPECIAL ASSESSMENTS. <br /> In the event that during the Lease Term any governmental entity makes any improvement <br /> and assesses any portion of the industrial Center therefor, Lessee shall be liable only for so much of <br /> its pro-rata share as the remainder of the Lease Term relates to the useful life of such improvement. <br /> In addition, if the special assessments may be paid in installments, Lessee shall have the option of <br /> paying its pro-rata share of the assessments in like installments. <br /> 6. CONSENT. .. ~. <br /> Lessor and Lessee covenant and agree that whenever, pursuant to the terms of this Lease, <br /> consent, satisfaction, determination or approval is required or permitted. of Lessor or Lessee, such <br /> covenant, satisfaction, determination or approval shall not be unreasonably withheld, made or <br /> delayed. <br /> 7. SECURITY DEPOSIT. <br /> . No security deposit shall be required of Lessee. <br /> S_IA,(DATAIAMBV?,."",t!aIR"..",fUIAGRF;E.li!fII<Ihil/smJQf,J<< <br /> .1. <br />