LEASE
Tenant: Quad City Bank & Trust Company
Landlord: Kaizen Company of America, L.C., an Iowa limited liability company
Building: Xxxxx Plantation
Suite No.: First Floor
TABLE OF CONTENTS
1. PARTIES............................................................
2. PREMISES...........................................................
3. TERM...............................................................
4. BASE RENT..........................................................
5. OPERATING EXPENSES--ADDITIONAL RENT................................
6. USE OF PREMISES....................................................
7. CONSTRUCTION OF TENANT IMPROVEMENTS................................
8. COMPLIANCE WITH LAWS...............................................
9. RIGHT TO ASSIGN OR SUBLET..........................................
10. LANDLORD'S REPAIR AND MAINTENANCE RESPONSIBILITIES.................
11. INSURANCE..........................................................
12. WAIVER OF SUBROGATION..............................................
13. INDEMNIFICATION....................................................
14. DEFAULTS/REMEDIES..................................................
15. UTILITIES, SERVICES AND TAXES (OPERATING EXPENSES).................
16. CASUALTY...........................................................
17. CONDEMNATION.......................................................
18. HOLDOVER...........................................................
19. NOTICES............................................................
20. QUIET ENJOYMENT....................................................
21. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT......................
22. ESTOPPEL CERTIFICATE...............................................
23. ALTERATIONS AND TRADE FIXTURES.....................................
24. CONDITION OF PREMISES UPON TERMINATION.............................
25. INSPECTION BY LANDLORD.............................................
26. HAZARDOUS SUBSTANCES...............................................
27. EMF................................................................
28. INSTALLATION OF SATELLITE BUSINESS TERMINAL SYSTEM.................
29. RENEWAL OPTION.....................................................
30. SIGNAGE............................................................
31. PARKING............................................................
32. SECURITY/AFTER-HOURS BUILDING ACCESS...............................
33. BROKERAGE..........................................................
34. AMERICANS WITH DISABILITIES ACT....................................
35. MISCELLANEOUS......................................................
36. RIDERS AND EXHIBITS................................................
37. OPTION TO PURCHASE.................................................
38. FURTHER OBLIGATIONS OF LANDLORD....................................
LEASE
PARTIES
THIS LEASE is made and entered into this ____ day of ____________, 1998, by and
between Kaizen Company of America, L.C., having an address at c/x Xxxx & Xxxx
Commercial Company, 0000 Xxxxx Xxxxx Xxxx, Xxxxxxxxx, Xxxx, 00000 (hereinafter
the "Landlord") and Quad City Bank & Trust Company, having its principal place
of business at 0000 0xx Xxxxxx, Xxxxxx, Xxxxxxxx 00000, Attn: Xxxx Xxxxxxxxx
(hereinafter the "Tenant").
PREMISES
Landlord hereby leases to Tenant and Tenant leases from Landlord, approximately
15,300 rentable square feet as described and set forth in Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter the "Premises"), in
that certain building consisting of approximately 35,349 rentable square feet of
space located at 0000 - 0xx Xxxxxx, Xxxxxx, Xxxxxxxx, which will be commonly
known as First Floor of the Xxxxx Plantation (hereinafter the "Building"), the
land under and around the Building being legally described in Exhibit "B"
("Legal Description") attached hereto and incorporated herein by reference
(hereinafter the "Property"). Xxxxxx's "Proportionate Share" is estimated to be
forty three and 28/100 percent (43.28%), which calculation is set forth in
Article 15 of this Lease.
TERM
Tenant shall have and hold said Premises for a term of one hundred eight (108)
months, (hereinafter the "Term") upon the terms and conditions set forth in this
Lease. The Commencement Date of the Term of this Lease shall be on March 1,
1998, or upon receipt of a Certificate of Occupancy from the City of Moline,
Illinois, whichever shall later occur (the "Commencement Date").
Unless sooner terminated as herein provided, the Expiration Date of this Lease
shall be the last day of the calendar month which is one hundred eight (108)
full calendar months following the Commencement Date.
BASE RENT
During the Term of this Lease, Tenant shall pay to Landlord in advance, on or
before the first day of each and every month as Base Rent the amount stated
below. Rental payments shall commence April 1, 1998, and be paid at the address
of the Landlord set forth above, or at such other address as the Landlord may
specify in writing from time to time during the Term of this Lease.
The payments of Base Rent are as follows:
Months Monthly Base Rent
1-54 $17,085
55-108 $18,488
OPERATING EXPENSES--ADDITIONAL RENT
Beginning on the Commencement Date, in addition to the monthly Base Rent set
forth above, Tenant shall be responsible for its proportionate share of the
Operating Expenses, as hereinafter defined and as sometimes defined as Common
Area Maintenance expenses, on an annualized basis. In the event that the
Building is in operation for only a portion of 1998, the actual 1998 Operating
Expenses for such partial year shall be annualized. The calculation of the
Tenant's Operating Expenses, including all taxes, shall assume a Building
occupancy rate of 100% and full tax assessment and such amount shall be
annualized. The Tenant shall pay as additional rent ("Additional Rent") its
Proportionate Share of the Operating Expenses in accordance with Article 15.
Base Rent and Additional Rent are collectively referred to herein as Rent.
In the event that any recurring, monthly charge under this Lease is not paid
within ten (10) days of the date due or in the event that any non-recurring
charge is not paid within thirty (30) days of receipt of an invoice by Tenant
with appropriate supporting documentation attached, the amount due shall bear
interest from the date due until the date paid at a rate of five percent (5%)
above the current "prime rate" of the Chase Manhattan Bank, N.A. (the "Default
Rate").
USE OF PREMISES
The Premises may be used for general office purposes, and for all other things
necessary or incidental to Tenant's business, or the business of an affiliate,
subsidiary, parent organization or representative of Tenant, it being understood
that Xxxxxx's business is banking and the offering of related financial
services. Xxxxxxxx agrees that it will seek professional office and mutually
agreed upon commercial retail tenants for the remaining rental space of the
Building and Property on substantially similar terms and conditions as those
imposed upon Tenant, excepting that Landlord shall have sole discretion in
establishing lease rates for such remaining rental space. No bank, credit union,
savings and loan association, savings institution, mortgage broker, securities
firm or finance company will be permitted without prior approval of Tenant. No
tenant shall be allowed to sell or distribute adult books, magazines or video
tapes, or operate a pet store or educational institution. No other tenant may be
allowed to sell or distribute alcoholic beverages or food without prior consent
of Tenant, with the exception of Xxxxx'x Plantation Club.
CONSTRUCTION OF TENANT IMPROVEMENTS
Tenant shall have the responsibility for the construction of all Tenant
improvements and must obtain Landlord's prior written consent for the plans of
specifications of such improvements, which consent shall not be unreasonably
withheld. All improvements shall be installed using industry standard materials
and installed in a good and workmanlike manner by qualified craftsmen.
COMPLIANCE WITH LAWS
Tenant, at its expense, shall comply with any valid and applicable laws, rules,
orders, ordinances, regulations and other requirements, present or future
(collectively, "Applicable Law"), affecting the Premises and with any reasonable
requirements of the insurance companies insuring Landlord against damage, loss
or liability for accidents in or connected with the Building to the extent that
the same shall affect or be applicable to (i) Tenant's particular manner of use
of the Premises (as opposed to its mere use thereof), (ii) alterations and
improvements made by Tenant, or (iii) a breach by Tenant of its obligations
under this Lease. Nothing herein contained, however, shall be deemed to impose
any obligation upon Tenant to make any structural changes or repairs unless
necessitated by reason of a particular use by Tenant of the Premises. Landlord
shall be responsible for complying with all Applicable Law affecting the design,
construction and operation of the Building (including the Premises to the extent
Tenant is not required to comply therewith as provided for above) or relating to
the performance by Landlord of any duties or obligations to be performed by it
hereunder.
RIGHT TO ASSIGN OR SUBLET
Tenant shall neither assign this Lease nor sublet all or any part of the
Premises without the prior written consent of Landlord, which consent shall not
be unreasonably withheld or delayed. Xxxxxxxx agrees to respond in writing to
any request for assignment or subletting within ten (10) days following receipt
of such a request. Notwithstanding the foregoing, Tenant without release of
liability may assign this Lease and/or sublet any part or all of the Premises,
without Landlord's prior consent, to any affiliates, subsidiaries, parent
organizations, or representatives of Tenant. Furthermore, Landlord herein
consents to the sublease between Tenant and Advanced Radiology, S.C. for a
portion of the Premises.
LANDLORD'S REPAIR AND MAINTENANCE RESPONSIBILITIES
Except as hereinafter provided, Landlord hereby agrees to keep the entire
exterior portion of the Building in good repair and maintenance, including all
grounds, parking lots, windows, the roof, structure, exterior walls, and all
common areas, including the provision of Class A office building janitorial
service to all common areas. Repairs and maintenance shall be made in a prompt
and reasonable fashion, including replacement of capital items where necessary.
Xxxxxxxx also agrees to keep all mechanical and electrical portions of the
Building in good working order and condition, including, but not limited to, the
heating, electrical, air conditioning, elevators, ventilation, and standard
plumbing systems. Tenant shall give written notice to the Landlord of any
necessary repairs or maintenance, and if the Landlord does not complete the same
within ten (10) days after said notice (or such longer period as is required to
make repair or maintenance which by its nature cannot be completed in such ten
(10) day period so long as Landlord commence the repair within ten (10) days and
diligently prosecutes the same to completion), Tenant shall have the right, but
not the obligation, to complete such repairs or maintenance and recover its cost
by offsetting such cost against the Rent payable to Landlord.
Landlord shall, at its sole expense, provide and maintain in good order and
repair all structural and utility systems including but not limited to roof,
ceiling, walls, floors, elevators, stairs, escalators, windows, plumbing and hot
and cold water. Tenant shall maintain its own personal property in good and
orderly fashion.
Landlord agrees that such work shall not (i) damage the appearance or reduce the
floor area of the Premises, (ii) affect Tenant's layout (including access to the
Premises), or (iii) materially interfere with Xxxxxx's use and enjoyment of the
Premises. All such work shall be performed by Landlord in such a way as to
minimize disruption to Tenant's business.
In the event of any interruption in the services required to be provided by
Landlord hereunder that interferes with Xxxxxx's use and enjoyment of the
Premises, Tenant shall have the right to xxxxx Base Rent and Additional Rent if
said interruption continues for at least five (5) days, and Tenant shall have
the right to terminate this Lease by giving notice thereof to Landlord if said
interruption continues for at least thirty (30) days.
Landlord shall have no obligation to maintain the drive through facility
operated by Tenant nor shall it have any obligation to maintain that portion of
the driveway which specifically services the drive through facility. All such
maintenance shall be the obligation of Tenant.
Landlord acknowledges that Tenant is a banking organization subject to federal
and state regulations. As such, Landlord further acknowledges that it is
responsible for maintaining and/or repairing the Premises and Building to assure
that the Premises and the Building are compliant with the ability of all
computerized systems installed and/or required to be maintained by Landlord to
fully and properly function in the years 2000 and following.
INSURANCE
(a) Landlord shall maintain the following insurance coverage with carriers
licensed to do business in the State of Illinois during the Term of this
Lease:
(i) All-Risk Broad Basis Fire Insurance with Extended Coverage for the
full replacement value of the Building and all improvements and
fixtures therein, including, but not limited to, the Premises;
(ii) All-Risk Boiler and Machinery Insurance for the full replacement
value of all eligible machinery;
(iii) Commercial General Liability Insurance (including property damage and
fire legal liability) with limits of not less than $1,000,000.00 per
occurrence and $2,000,000.00 in the aggregate; and,
(iv) Any other insurance required by law.
(b) Xxxxxx agrees at its own cost and expense to carry adequate public
liability insurance which provides sufficient protection against any
injuries or damages sustained by individuals while within the Premises.
Tenant shall have the right to include the Premises within a blanket policy
of insurance including the Premises and other locations. Any insurance
maintained by Tenant may have deductibles or self-insurance retention in
the amounts generally utilized by Tenant for its insurance with respect to
a majority of its locations and Tenant may self-insure for plate glass and
Tenant's personal property.
(c) As evidence of the existence of any insurance required under the Lease,
each party shall provide the other with a certificate of insurance or other
reasonably satisfactory evidence of such insurance coverage.
WAIVER OF SUBROGATION
Landlord and Tenant each hereby release the other from liability for damage or
destruction to the building containing the Premises and the improvements located
on the Property, whether or not caused by acts or omissions of the other party;
provided, however, such release shall only be in force and effect in respect of
damage or destruction normally covered by standard policies of fire insurance
with extended coverage (whether or not such coverage is in effect). Each party
shall cause its fire insurance policies to contain a provision whereby the
insurer either waives any right of subrogation against the other party or agrees
that such a release shall not invalidate the insurance, whichever is obtainable.
INDEMNIFICATION
(a) Tenant shall indemnify, hold harmless and defend Landlord, its agents,
servants and employees from and against all claims, actions, losses, costs
and expenses (including reasonable attorney's fees and litigation costs
actually incurred), judgments, settlement payments, and, whether or not
reduced to final judgment, all liabilities, damages or fines paid, incurred
or suffered by any third parties in connection with loss of life, personal
injury and/or damage to property arising from, directly or indirectly,
wholly or in part (a) any default by Tenant under the terms and conditions
of this Lease, (b) the use or occupancy of the Premises by Tenant or any
person claiming through or under Tenant and/or (c) any acts or omissions of
Tenant or any contractor, agent, employee, invitee or licensee of Tenant in
or about the Premises, Building or Common Areas.
(b) Landlord shall indemnify, hold harmless and defend Tenant, its agents,
servants and employees from and against all claims, actions, losses, costs
and expenses (including reasonable attorney's fees and litigation costs
actually incurred), judgments, settlement payments, and, whether or not
reduced to final judgment, all liabilities, damages or fines paid, incurred
or suffered by any third parties in connection with loss of life, personal
injury and/or damage to property arising from, directly or indirectly,
wholly or in part (a) any default by Landlord under the terms and
conditions of this Lease, (b) the ownership, use or occupancy of the
Building (other than the Premises) or Common Areas by Landlord or any
person claiming through or under Landlord and/or (c) any acts or omissions
of Landlord or any contractor, agent, employee, invitee or licensee of
Landlord in or about the Premises, Building or Common Areas.
DEFAULTS/REMEDIES
Tenant Defaults/Landlord Remedies:
(a) The following shall constitute a default by Tenant:
(i) the failure to pay the Base Rent or any Additional Rents within
fifteen (15) days after receipt of written notice from Landlord that
the same is past due;
(ii) the failure to perform any covenant, term, obligation, or condition
otherwise required pursuant to this Lease within thirty (30) days
after receipt of written notice from Landlord that the same has not
been performed, provided, however, that in the event such failure to
perform cannot reasonably be cured within such thirty (30) day
period, then Tenant shall be allowed such additional time as is
reasonable under the circumstances to perform such covenant, term,
obligation, or condition before such failure shall constitute a
default;
(iii) the filing of a petition or proceeding under the Federal Bankruptcy
Act or any insolvency act by or against Tenant which is not dismissed
within sixty (60) days after the date of filing thereof; or
(iv) the appointment of a receiver for Tenant, which receiver is not
discharged within sixty (60) days after the appointment thereof.
(b) In the event of a default by Xxxxxx, Landlord shall have the following
rights:
(i) all rights available at law, except as otherwise modified herein;
(ii) the right to terminate Xxxxxx's possession of the Premises alone
without terminating the Lease; and
(iii) the right to terminate this Lease.
(c) In the event Landlord terminates Tenant's possession of the Premises alone
without terminating the Lease, all obligations of Tenant shall continue,
including Tenant's obligation to pay Base Rent and Additional Rent as it
accrues on a monthly basis, until the earlier to occur of the date a
replacement tenant takes possession of the Premises, or the expiration date
of the Lease.
(d) Notwithstanding any termination of this Lease or Tenant's possession of the
Premises by Landlord pursuant to a default by Tenant, Landlord shall not
have the right to accelerate the Base Rent or Additional Rent thereafter to
become due under the Lease, but instead Tenant shall continue to be
obligated to pay the Base Rent and Additional Rent as it would have accrued
monthly under the Lease but for such termination by Landlord. It is
expressly understood and agreed that this provision shall survive the
termination of this Lease.
(e) Landlord covenants to use reasonable efforts to relet the Premises and
otherwise mitigate its damages.
Landlord Defaults/Tenant Remedies:
(a) The following shall constitute a default by Landlord under this Lease:
(i) Landlord's failure to pay any amounts due Tenant pursuant to the
Lease within thirty (30) days after receipt of written notice from
Tenant that the same is past due; or
(ii) Landlord's failure to perform any terms, covenants, obligations, or
conditions otherwise required pursuant to this Lease within thirty
(30) days after receipt of written notice from Tenant that the same
has not been performed, provided, however, that in the event such
failure to perform cannot reasonably be cured within such thirty day
period, then Landlord shall be allowed such additional time as is
reasonable under the circumstances to perform such terms, covenants,
obligations, or conditions before such failure shall constitute a
default.
(b) In the event of a default by Landlord, Tenant shall have the following
rights:
(i) all rights available at law or equity;
(ii) in the event of a judgment entered against Landlord and in favor of
Xxxxxx, the right to offset money damages against payments of Base
Rent and Additional Rent as such rent accrues;
(iii) in the event of Landlord's default in the payment of any amounts due
Tenant pursuant to the Lease, the right to offset its Base Rent and
Additional Rent as such rent accrues by the amounts due Tenant; and
(iv) the right to terminate this Lease.
In addition to Tenant's Cancellation Option, Tenant shall also have the right to
abandon or vacate the Premises without creating a default under this Lease,
provided Tenant continues to pay the Base Rent and Additional Rent due hereunder
and otherwise complies with the terms and conditions of this Lease.
UTILITIES, SERVICES AND TAXES (OPERATING EXPENSES)
(a) Landlord hereby agrees to pay any and all charges made by any public or
private utility company for services furnished to Tenant on the Premises
during the Term of this Lease, including all costs for electricity, sewers,
gas, water, air conditioning, and heat. Xxxxxxxx also agrees to pay all
real estate taxes, special assessments, and occupancy taxes associated with
the Premises and/or the Building. Notwithstanding the foregoing, Landlord
and Tenant agree that Landlord may install a separate meter, at its sole
expense, to measure the consumption of electricity and that in that event,
Tenant shall pay the charges for such electrical consumption directly to
the provider of this utility.
Landlord specifically agrees to furnish sufficient heat and air
conditioning to provide temperature conditions required for comfortable
occupancy of the Tenant's Premises during Tenant's normal and usual
business hours, to provide quantities of electricity and water for Tenant's
reasonable needs, and, if applicable, Landlord shall provide Tenant
passenger elevator service at all times during all normal and usual working
days and by special arrangement. For the purposes of this Lease, Tenant's
normal and usual business hours shall be deemed to be from 7:00 a.m. to
9:00 p.m. Monday through Friday, except holidays, and from 8:00 a.m. to
5:00 p.m. on Saturday, except holidays. Landlord shall operate the building
in a first-class manner.
The janitorial service to the Premises shall be provided by Tenant not less
than five (5) days per week and shall include, but not be limited to,
carpet vacuuming, dusting, and waste disposal. Janitorial service shall
also include window washing of no less than two (2) times per year of
exterior windows (more often as needed if Tenant is on the first floor) and
once per month, and daily if needed, of interior glass within the Premises.
In addition to Base Rent, Tenant shall pay as Additional Rent,
Proportionate Share of the Operating Expenses as follows:
The term "Operating Expenses" includes all expenses incurred by Landlord
with respect to the maintenance and operation of the Building of which the
Leased Premises are a part, including but not limited to the following:
maintenance, repair and replacement costs; electricity, fuel, water, sewer,
gas and other utility charges; security, window washing, janitorial
services except as provided above, and trash and snow removal; landscaping
and pest control; management fees, wages and benefits payable to employees
of Landlord whose duties are directly connected with the operation and
maintenance of the Building; all services, supplies, repairs, replacements
or other expenses for maintaining and operating the Building or project,
including parking and common areas; the cost, including interest, amortized
over its useful life of any capital improvement made to the Building by
Landlord after the date of this Lease which is required under any
governmental law or regulation that was not applicable to the Building as
of the date of this Lease; the cost, including interest, amortized over its
useful life of installation of any device or other equipment which improves
the operating efficiency of any system within the Building and thereby
reduces Operating Expenses (but not in excess of the actual savings); all
other expenses which would generally be regarded as operating and
maintenance expenses (which would reasonably be amortized over a period not
to exceed five (5) years); all real property taxes and installments of
special assessments, including dues and assessments by means of deed
restrictions and/or owner associations, including transportation management
associations which Landlord is required to join which accrue against the
Building of which the Leased Premises are a part during the Term of this
Lease; all insurance premiums Landlord is required to pay or deems
reasonably necessary to pay, including public liability insurance with
respect to the Building; and all holiday decorations for the exterior of
the Building and the Property as are agreed upon by Landlord and Tenant.
Notwithstanding anything to the contrary contained herein, the term
"Operating Expenses" shall not include the following: (a) the cost of
off-site personnel; (b) the cost of any "tenant allowances" or other costs
incurred in preparing space for occupancy and any alterations, decorations
or improvements made to leasable space in the Building; (c) amounts paid
for professional services in connection with the leasing of space or in
connection with relationships or disputes with tenants, former tenants,
prospective tenants or other occupants of the Building; (d) financing or
refinancing costs; (e) expenses for which Landlord is or will be
reimbursed; (f) expenses in the nature of interest, fines and penalties;
(g) rent, additional rent and other charges payable under any ground lease
or any lease superior to this Lease; (h) any management or similar fee in
excess of 4% of the total gross revenues of the Property; (i) any costs or
other sums paid to any person or entity related to or affiliated with
Landlord to the extent that same exceeds the reasonable and customary cost
thereof; (j) professional fees incurred in connection with the preparation
of financial statements, tax returns and other documents and information
for Landlord or its mortgagees, other than professional fees for a yearly
reconciliation of Operating Expenses; (k) any repairs or alterations made
by Landlord to comply with laws, regulations, codes or ordinances existing
as of the execution hereof; and (l) any items or amounts which are not
reasonable in amount and customarily included in operating expenses for
similar properties located in the vicinity of the Building. Moreover, any
Operating Expenses which are not customary for a Class A Office Building in
the Quad Cities shall not be included within the meaning of Operating
Expenses as set forth herein unless the same have first been approved by
Tenant in writing.
(b) If any real estate taxes or special assessments may be paid in
installments, Landlord shall be deemed to pay the same in the longest
period allowed without incurring penalty (whether or not paid in that
manner) and only the installments coming due during the term of this Lease
shall be included within the meaning of Operating Expenses.
(c) At any time following the first year reconciliation of Operating Expenses,
Tenant shall have the right, during normal business hours and upon
reasonable advance notice to Landlord, to review or audit Landlord's books
and records pertaining to Operating Expenses. In the event that Xxxxxx's
review or audit discloses that Landlord has overcharged Tenant, Landlord
shall reimburse Tenant for the excess amounts paid by Tenant plus interest
at the Default Rate. In addition, in the event that any such overcharge
exceeds the amount actually owed by Tenant by more than three percent (3%),
Landlord shall reimburse Tenant for the cost of its audit.
(d) Tenant shall pay its Proportionate Share of the Operating Expenses, pro
rated with respect to years in which this Lease is in effect for less than
the entire calendar year. Operating expenses have been initially budgeted
at $4.50 per square foot which shall be payable monthly, in advance,
beginning on the Commencement Date (prorated for the remaining days of the
month) and on the first of each month thereafter. Each year, Landlord shall
estimate in a reasonable manner, the amount by which Operating Expenses are
anticipated to increase for that year as set forth below. Landlord shall
compute Tenant's Proportionate Share of such estimated increases, and 1/12
of Tenant's Proportionate Share of the Operating Expenses shall be paid by
Tenant as Additional Rent in connection with each monthly rent payment. At
the conclusion of each calendar year, Landlord shall compute the actual
Operating Expenses. If the estimated payments collected from Tenant are
insufficient to cover Tenant's Proportionate Share of the actual Operating
Expenses, Tenant shall within thirty (30) days after receipt of a billing,
accompanied by appropriate supporting documentation, pay the difference. If
Xxxxxxxx's estimate exceeded the amount of the actual Operating Expenses,
Landlord shall refund the excess to Tenant along with its statement of the
actual Operating Expenses. This provision shall survive the termination of
this Lease. Landlord shall provide its statement of the estimated Operating
Expenses no later than December 1 of each year and updated on January 31st.
Landlord shall provide its statement of the actual Operating Expenses no
later than March 31 of each year. Anything to the contrary notwithstanding
and except for any increase for real estate taxes, Landlord shall not
increase the Operating Expenses chargeable to Tenant by more than three
percent (3%) per annum without first offering Tenant the opportunity to
review all Operation Expenses and to obtain third party services at a
lesser cost.
(e) Tenant's "Proportionate Share" shall mean a fraction, the numerator of
which is the number of rentable square feet of office space comprising the
Premises and the denominator of which is the total number of rentable
square feet of office space in the Building, whether or not such space is
actually rented.
CASUALTY
In the event of any fire or other casualty affecting all or any part of the
Premises, or any of the public areas of the Building adjacent to or leading to
the Premises, then within sixty (60) days after such fire or other casualty
Landlord shall notify Tenant of the length of time required to complete the
restoration thereof and (i) if restoration of the Premises or of the public
areas of the Building adjacent to or leading to the Premises shall be reasonably
estimated to require more than 120 days to complete from the date of such
casualty; or (ii) the Premises or the public areas of the Building adjacent to
or leading to the Premises are not restored within 150 days after the date of
such casualty, then, in either such instance Tenant shall have the right,
exercisable by notice to Landlord given on or before the thirtieth (30th) day
after the date of receipt by Tenant of the notice required under (i) above or
after the expiration of the time period set forth in (ii) above, as the case may
be, to terminate this Lease effective not less than thirty (30) days after the
date of such Tenant's notice (except that if the circumstances set forth in (ii)
above are applicable, and Landlord completes such restoration before the
effective date of such termination, such termination shall be deemed a nullity).
In the event the Premises or the Building are completely destroyed or so damaged
by fire or other hazard that they cannot reasonably be used by Tenant for the
purposes herein provided, and this Lease is not terminated as above provided,
then there shall be a total abatement of Rent until said Premises are made
usable for Tenant's business purpose. In the event the Premises are partially
destroyed or damaged by fire or other hazard so that they can only be partially
used by Tenant for the purposes herein provided, then there shall be a partial
Rent abatement corresponding to the time and extent to which said Premises
cannot be used by Xxxxxx.
CONDEMNATION
If all or any part of the Premises shall be taken or appropriated by right of
eminent domain, either party hereto shall have the right at its option
exercisable within thirty (30) days after receipt of notice of such taking to
terminate this Lease as of the date possession is taken by the condemning
authority. Tenant shall be allowed to prosecute its own claim or action for the
taking of personal property and fixtures belonging to Xxxxxx and/or the
interruption of or damage to Tenant's business and/or for Tenant's unamortized
cost of leasehold improvements and/or for Tenant's relocation expenses.
HOLDOVER
If Tenant fails to vacate the Premises upon the expiration or termination of
this Lease, Landlord's sole and exclusive remedies (which remedies may be
exercised simultaneously) shall be to: (i) collect from Tenant until Tenant
vacates the Premises use and occupancy for the Premises at a monthly rate of:
(A) 125% of the Base Rent payable during the last month of the term of this
Lease for each of the next six (6) succeeding months; and (B) thereafter 150% of
the Base Rent payable during the last month of the term of this Lease; or (ii)
evict Tenant from the Premises by appropriate legal proceedings.
NOTICES
Whenever in this Lease it shall be required or permitted that notice or demand
be given or served by either party to this Lease, such notice or demand shall be
given or served in writing and sent to Landlord at the address set forth and to
Tenant as follows:
If to Landlord: Kaizen Company of America, L.C.
Attn: Xxxxxxx X. Xxxx, Xx.
Xxxx & Xxxx Commercial Company
0000 Xxxxx Xxxxx Xxxx
Xxxxxxxxx, XX 00000
If to Tenant: Quad City Bank & Trust Company
Attn: Xxxxxxx X. Xxxxxxxxx
0000 0xx Xxxxxx
Xxxxxx, XX 00000
All such notices shall be sent by certified or registered mail and in such case
shall be effective three (3) days after the date of mailing or by reputable
overnight courier, and in such case shall be effective one (1) day after the
date of mailing. Any such address may be changed from time to time by either
party serving notices as above provided.
QUIET ENJOYMENT
Landlord warrants that it has the full right and authority to execute and to
perform pursuant to this Lease, to grant the estate demised herein, and that
Tenant, upon payment of Rent and performance of the covenants herein contained,
shall peaceably and quietly have, hold, and enjoy the Premises during the full
Term of this Lease and any extensions or renewals hereof. Tenant, its permitted
subtenants and their employees, licensees and guests, shall have access to the
Premises at all times, 24 hours per day, every day of the year. In order to
confirm the above, Xxxxxxxx agrees, upon the written request of Xxxxxx, to
obtain from any mortgagee or ground lessor an agreement, in recordable form,
that upon any assumption of or succession to Xxxxxxxx's interest affecting the
Premises by such mortgagee or ground lessor, that such mortgagee or ground
lessor will recognize this Lease and permit the continued quiet enjoyment of the
Premises by Tenant hereunder subject to Xxxxxx's performance of its obligations
hereunder.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
Upon written request of Xxxxxxxx, or any first mortgagee or first deed of trust
beneficiary of Landlord, or ground lessor of Landlord, Tenant shall, in writing,
subordinate its rights under this Lease to the lien of any first mortgage or
first deed of trust, or to the interest of any lease in which Landlord is
xxxxxx, and to all advances made or hereinafter to be made thereunder. However,
as a condition precedent to signing any subordination agreement, Tenant shall
have the right to obtain from any lender or lessor of Landlord requesting such
subordination, an agreement in writing providing that, as long as Tenant is not
in default hereunder, this Lease shall remain in effect and Xxxxxx's right to
possession and quiet enjoyment be undisturbed for the full Term. The holder of
any security interest may, upon written notice to Tenant, elect to have this
Lease prior to its security interest regardless of the time of the granting or
recording of such security interest.
In the event of any foreclosure sale, transfer in lieu of foreclosure or
termination of a lease in which Landlord is lessee, Tenant shall attorn to the
purchaser, transferee or lessor as the case may be, so long as said purchaser,
transferee or lessor agrees not to disturb Tenant in its quiet enjoyment of the
Premises while Tenant is not in default under the Lease, and Tenant shall
recognize that party as Landlord under this Lease, and such party shall accept
the Premises subject to this Lease.
ESTOPPEL CERTIFICATE
Each party shall from time to time, within twenty (20) days after being
requested to do so by the other, execute, acknowledge and deliver to the
requesting party an instrument certifying:
(a) that this Lease is unmodified and in full force and effect (or, if there
has been any modification thereof, that it is in full force and effect so
modified, stating therein the nature of such modification);
(b) the date which the Base Rent and any Additional Rent and other charges
arising hereunder have been paid in advance, if any;
(c) the amount of any credit due hereunder;
(d) that Xxxxxx has accepted possession of the Premises, and the Commencement
Date; and
(e) as to whether the signer of such certificate has knowledge that either
party is then in default in the performance of any of its obligations
hereunder (and, if so, specifying the nature of each such default).
ALTERATIONS AND TRADE FIXTURES
Following acceptance and occupancy of the Premises, Tenant shall not make any
alterations, improvements, or additions to the Premises without Landlord's prior
written approval of the plans and specifications, which approval shall not be
unreasonably withheld or delayed, except that Tenant shall have the right,
without Xxxxxxxx's consent, to make non-structural alterations to the Premises
costing less than $10 per square foot. Tenant shall give Landlord not less than
fifteen (15) days prior written notice of any such alterations and shall
otherwise comply with the terms and provisions of this Lease.
CONDITION OF PREMISES UPON TERMINATION
Upon the expiration or termination of this Lease, Tenant shall leave the
Premises peaceably and quietly and in as good order and condition as the same
were on the date the Term of this Lease commenced, or were thereafter placed in,
reasonable wear and tear excepted. Tenant shall not be required to remove any
improvements made to the Premises unless Xxxxxxxx's consent thereto was
conditioned in writing upon removal thereof or, if consent was not required,
unless Landlord notified Tenant prior to the making of the improvement that
removal would be required. Tenant shall, however, have the right to remove such
improvements and any trade fixtures or equipment provided it shall repair any
material damage to the Premises resulting therefrom. Any property left on the
Premises after the expiration or termination of this Lease shall be deemed to
have been abandoned and shall become the property of Landlord to dispose of as
Landlord deems expedient.
INSPECTION BY LANDLORD
Landlord may, upon giving one (1) day prior written notice to Tenant (except for
an emergency, in which event such prior notice to Tenant shall not be required),
by its duly authorized agents, go upon and inspect the Premises and perform any
work therein that may be necessary to comply with any laws, ordinance, rules,
regulations, or requirements of any public authority, or as required by Tenant
or the insurance company insuring the Building. Tenant shall have the right to
designate certain areas as secured areas to which Landlord shall have no access
(except in the case of emergency). Landlord shall use its best efforts to
minimize interference with Xxxxxx's business in the exercise of its rights
pursuant to this Article 25.
HAZARDOUS SUBSTANCES
Landlord hereby represents to the best of its knowledge and agrees as follows:
(a) (i) No dangerous, toxic or hazardous pollutants, contaminants, chemicals,
wastes, materials or substances, as defined in or governed by the
provisions of any federal, state or local law, statute, code, ordinance,
regulation, requirement or rule relating thereto (hereinafter collectively
call "Environmental Regulations"), and also including urea-formaldehyde,
polychlorinated biphenyls, asbestos, asbestos-containing materials, nuclear
fuel or waste, and petroleum products, or any other waste, material,
substance, pollutant or contaminant which would subject the owner or Tenant
of all or any part of the Project, Building, Premises or the land upon
which the Building is located (for purposes of this paragraph, the Project,
Building, Premises and land hereinafter collectively referred to as the
"Property") to any damages, penalties or liabilities under any applicable
Environmental Regulation (hereinafter collectively called "Hazardous
Substances") are now or have ever been located, produced, treated,
transported, incorporated, discharged, emitted, released, deposited or
disposed of in, upon, under, or from the Property; (ii) no threat exists of
a discharge, release or emission of a Hazardous Substance upon or from the
Property into the environment; (iii) the Property has not ever been used as
or for a mine, a landfill, a dump or other disposal facility, industrial or
manufacturing purposes, or a gasoline service station; (iv) no underground
storage tank is now located on the Property or has previously been located
therein but has been removed therefrom; (v) no violation of any
Environmental Regulation now exists or has ever existed in, upon, under, or
from the Property, and no notice of any such violation or any alleged
violation thereof has been issued or given by any governmental
investigation or report involving the Property by any governmental entity
or agency which is in any way related to Hazardous Substances; (vi) no
person, party, or private or governmental agency or entity has given any
notice of or asserted any claim, cause of action, penalty, cost or demand
for payment or compensation, whether or not involving any injury or
threatened injury to human health, the environmental or natural resources,
resulting or allegedly resulting from any activity or event described in
(i) above; (vii) there are not now, nor have there ever been, any actions,
suits, proceedings or damage settlements relating in any way to Hazardous
Substances, in, upon, or from the Property; (viii) the Property is not
listed in the United States Environmental Protection Agency's National
Priorities List of Hazardous Waste Sites or any other list of Hazardous
Substance sites maintained by any federal, state or local governmental
agency; and (ix) the Property is subject to no lien or claim for lien in
favor of any governmental entity or agency as a result of any release or
threatened release of any Hazardous Substance.
(b) Landlord shall indemnify Tenant against, shall hold Tenant harmless from,
and shall reimburse Tenant for, any and all claims, demands, judgments,
penalties, liabilities, costs, damages and expenses, including court costs
and attorneys' fees incurred by Xxxxxx (prior to trial, at trial and on
appeal) in any action against or involving Tenant, resulting from the
incorrectness or untruthfulness of any warranty or representation set forth
in subparagraph (a) hereof, or from the discovery of any Hazardous
Substance hereafter deposited in, upon, under or over the Property by
Landlord or its agents, employees or contractors or persons claiming by,
through or under Landlord, it being the intent of Landlord and Tenant that
Tenant shall have no liability or responsibility for damage or injury to
human health, the environment or natural resources caused by, for abatement
and/or clean-up of, or otherwise with respect to, Hazardous Substances by
virtue of the interests of Tenant in any part of the Property created
hereby, or as the result of Tenant exercising any of its rights or remedies
with respect thereto hereunder, unless such Hazardous Substances are
hereafter deposited in, upon, under or over the Property by Tenant or its
agents, employees or contractors or persons claiming by, through or under
Tenant. The foregoing representations, warranties and covenants of
subparagraph (a) and of this subparagraph (b) shall be deemed continuing
covenants, representations and warranties for the benefit of Tenant, and
any successors and assigns of Tenant, and shall survive the expiration or
termination of this Lease.
EMF
The Premises must be fully functional in regard to the use of modern office
equipment including computer equipment. In the event any portion of the Premises
is affect by electromagnetic field (exclusive of fields caused by Tenant) of an
intensity that it can materially and adversely affect the use of electronic
equipment and such field is not removed or shielded within 30 days of notice to
Landlord, Tenant shall have the right to terminate Lease.
INSTALLATION OF SATELLITE BUSINESS TERMINAL SYSTEM
Tenant shall have the right to install a Satellite Business Terminal System and
its components (hereinafter the "System") consisting of an outdoor electronics
unit, an indoor electronics unit, an antenna, and IFL signal cable. Landlord
shall have the right to reasonably approve the location and size of the System.
All costs of installation, operation, maintenance and removal of the System
shall be paid by Tenant, including the costs of repair for any damage to the
Building caused by such installation, operation, maintenance or removal, except
costs incurred by Landlord for pre- and/or post-installation inspections, or for
any engineering services (such as drawings and structural certifications)
performed by or for Landlord or Tenant due to work requested by Landlord which
is beyond the work described in this Article 28 and/or beyond local code
requirements. If such additional work expense is incurred by Xxxxxx, Xxxxxxxx
agrees to reimburse Tenant the amount of the additional expense within fifteen
(15) days after receipt of evidence of such additional expense. Upon the
expiration or earlier termination of the Lease, or any extension or renewal
thereof, or in the event Tenant desires to remove the System, Tenant shall
remove the System and repair any portion of the Building which was altered or
damaged in connection with the installation, operation, maintenance, or removal
of the System. All costs of removal of the System shall be paid by Tenant
including, without limitation, the costs of repair for any damage to the
Building caused by such removal. Tenant hereby agrees to indemnify and hold
Landlord harmless from any damage, loss, liability, or cost (including increased
insurance premiums) resulting from the installation, operation, maintenance, or
removal of such System, including without limitation any damage to the roof or
any other part of the Building caused by the antenna portion of the System,
unless such damage, loss, liability or cost is caused by the negligence or
misconduct of Landlord or anyone acting on behalf of Landlord. Tenant shall at
all times own the System and shall insure the System against hazard and for
liability. Tenant shall keep the System and the Building free of mechanic's
liens arising out of the installation thereof.
RENEWAL OPTION
Tenant shall have two (2) separate options to renew this Lease (respectively the
"First Renewal Term" which shall be for 132 months and the "Second Renewal Term"
which shall be for 120 months). Tenant will notify the Landlord of its intention
to renew at least 180 days prior to the end of the initial Term of this Lease or
the First Renewal Term, as the case might be. The rental rate for the First
Renewal Term and for the Second Renewal Term shall be negotiated in good faith
by the parties but in any event shall be limited to the increase in the Consumer
Price Index for the relevant geographic area based on the commencement date of
each expiring lease term. In the event the parties have not agreed on a rental
rate for any such renewal term at least 60 days prior to the end of the then
expiring term, the parties shall submit the issue of the rental rate to
arbitration pursuant to the then existing rules of the American Arbitration
Association on an expedited basis. In the event no determination has been made
by the time of commencement of the renewal term, Tenant shall continue to pay
the rent required by the terms of the expired term until such determination has
been made. Upon such determination, any arrearage in rent shall be paid by
Tenant within 10 days.
SIGNAGE
It is agreed that Tenant may install and maintain the following signage:
(i) Its corporate name on the building directory;
(ii) Its corporate name and/or logo on the exterior of the building, subject to
the reasonable approval of the Landlord;
(iii) Its corporate name and/or logo on a multi tenant monument sign; and
(iv) Its corporate name and/or logo in the building lobby.
The location and size of all signage shall be reasonably approved by Landlord
and Tenant and will be subject to local zoning codes. Tenant will be responsible
for all costs of installing and maintaining such signage.
PARKING
Parking shall be free and in common for the Building's tenants. No tenant shall
have the right to occupy for its use or its customers' use more than five (5)
parking spaces per one thousand (1,000) square feet of rented space.
SECURITY/AFTER-HOURS BUILDING ACCESS
Tenant will have access to the Premises at all times. Doors for client access
will remain open at least during the hours of 8 a.m. - 9 p.m. Monday through
Friday, and 8 a.m. - 5 p.m. Saturdays, customary holidays excepted. Landlord
will provide Tenant with means satisfactory to Tenant, for client access before
8:00 a.m. each day, after 9:00 p.m. on weekdays and after 5:00 p.m. on Saturdays
and on all holidays. Landlord may install an intercom system near the building's
front door which is connected to the Premises, thus allowing Xxxxxx's visitors
to request admittance to the office during non-building hours.
BROKERAGE
Each party warrants that it has had no dealings with any real estate broker or
agent in connection with the negotiation or execution of this Lease except
Xxxxxxx X. Xxxx, Xx. and/or Xxxx & Xxxx Commercial Company (the "Brokers").
Xxxxxxxx agrees to pay any brokerage commission due to the Brokers in accordance
with a separate agreement between Landlord and the Brokers. Xxxxxxxx hereby
agrees to indemnify and hold Tenant harmless from and against any and all costs,
expenses and liabilities for commissions and other compensation claimed by any
broker or agent in connection herewith. Tenant hereby agrees to indemnify and
hold Landlord harmless from and against any and all costs, expenses and
liabilities for commissions and other compensation claimed by any broker or
agent other than the Brokers.
AMERICANS WITH DISABILITIES ACT
Landlord warrants and represents that the Building, Premises, building systems
and common areas of the Building meet the requirements of the Americans With
Disabilities Act (ADA) and will be kept in compliance with ADA. Tenant shall
comply with ADA as it applies to Tenant's design and particular manner of use of
the Premises after the date hereof.
MISCELLANEOUS
(a) It is agreed that the Tenant may place signs on the Building and upon the
entrance to the Premises only with the prior written consent of the
Landlord, which consent shall not be unreasonably withheld or delayed.
(b) It is agreed that the Landlord may promulgate reasonable rules and
regulations, enforced in a non-discriminatory manner, with regard to the
conduct of the Tenant, other tenants and their invitees within the Building
and its grounds provided that such rules and regulations shall not increase
Tenant's monetary obligations under this Lease. In the event of any
conflict between said rules and regulations and the terms and conditions of
this Lease, the terms and conditions of this Lease shall prevail.
(c) Wherever herein the prior written consent of the Landlord is required, the
same shall not be unreasonably withheld or delayed.
(d) Xxxxxxxx and Xxxxxx agree that all provisions of this Lease shall be
binding upon Xxxxxxxx's and Xxxxxx's successors, personal representatives,
heirs, executors, receivers, devisees, administrators, legatees, and
assigns of the parties hereto.
(e) The captions throughout this Lease are inserted as a matter of convenience
only and in no way confine, limit, or describe the scope or intent of any
Article of this Lease.
(f) The consent of either party to any variation of the terms of this Lease, or
the receipt by Landlord of Rent with the knowledge of any breach, shall not
be deemed to be a waiver as to a subsequent breach of such term, nor shall
any waiver be claimed as to any provision of this Lease unless the same be
in writing, signed by the party to be charged with the waiver, or the
party's authorized agent.
(g) This Lease contains the entire agreement between the parties.
(h) If any terms or provisions of this Lease or any application thereof shall
be invalid or unenforceable, then the remaining terms and provisions of
this Lease and any other application of such term or provisions shall not
be affected thereby.
(i) In the event it is necessary for either party to this Lease to retain an
attorney to enforce any covenant, condition, or provision hereof, it is
agreed that the prevailing party shall be entitled to recover, in addition
to any damages proven, its reasonable attorney fees.
RIDERS AND EXHIBITS
The Riders and Exhibits (A-__) to this Lease, shall be deemed incorporated by
reference and made a part of this Lease.
OPTION TO PURCHASE
(a) Throughout the term hereof, including any renewals, Tenant shall have the
first right to purchase the Building and Property at a mutually agreeable
price (such price to include real estate and personal property owned by
Landlord and utilized in the operation of the Building and Property,
including but not limited to equipment and furnishings) prior to any
offering of the Building and Property for sale by Landlord. Landlord shall
have no obligation to sell to Tenant until Landlord has determined to offer
the Building and Property for sale. If Landlord has made such
determination, it shall notify Tenant by written notice and Landlord and
Tenant shall have twenty one (21) days to agree on a price. Once such price
has been determined, Tenant shall purchase the Building and Property within
sixty (60) days therefrom and Landlord shall convey good and marketable
title to Tenant free and clear of liens and encumbrances (excepting tenant
leases) and shall deliver to Tenant a Bill of Sale for all personal
property. All other customary and ordinary requirements of such conveyance
including proration of real estate and personal property taxes shall be
determined and followed in accordance with the custom and practice then
existing in Rock Island County, Illinois. At any time prior to the
expiration of twenty one (21) days from Landlord's notice of its
determination, Tenant may elect to purchase the Building and Property by
written notice to Landlord. In the event Landlord and Tenant cannot agree
on a price during such twenty one (21) day period, the right of Tenant to
purchase such Building and Property pursuant to this sub-paragraph (a)
shall expire.
(b) In the event that Tenant has not purchased the Building and Property
pursuant to sub-paragraph (a) above and in the event Landlord has received
a Bona Fide Offer to purchase the Building and Property during the term
hereof, including any renewals, Landlord shall give written notice to
Tenant along with a true and correct copy of the Bona Fide Offer. Within
twenty one (21) days therefrom, Tenant may purchase the Building and
Property at the price and upon the same terms and conditions contained in
the Bona Fide Offer by providing Landlord with written notice of Xxxxxx's
intent to so purchase. Landlord will not accept a Bona Fide Offer unless
same is specifically conditioned upon those rights of Tenant contained in
this sub-paragraph (b). "Bona Fide Offer" shall be an offer made in writing
by a person or entity that is not related to or affiliated with Landlord
and which offer Landlord intends to accept. Xxxxxx's election not to
exercise the rights of Tenant contained in this sub-paragraph (b) shall not
waive Tenant's rights hereunder as to any further Bona Fide Offer.
(c) Landlord represents that it is an Iowa Limited Liability Company owned by
Xxxxxxx Xxxx, Xx. and Xxxx Xxxxxxx (Xxxx & Xxxxxxx) and that this Lease and
the Building and Property will be transferred to Xxxxx-Plantation Holding
Company, L.C. within six (6) months of the execution of this Lease. Within
thirty (30) days of transfer, Tenant or its parent corporation shall have
the right to acquire an ownership interest of twenty percent (20%) of such
Limited Liability Company for the amount of Two Hundred Twenty Thousand
Dollars ($220,000.00), subject to obtaining any required regulatory
approval, by delivery of written notice and payment of the purchase price
within thirty (30) days from such notice.
FURTHER OBLIGATIONS OF LANDLORD
Landlord acknowledges that certain agreed upon improvements to the Premises,
Building and Property have not been completed. Xxxxxxxx agrees that it will
undertake reasonable efforts to perform the following in an acceptable and
suitable manner and at its sole cost:
1. Install a lobby chandelier by September 30, 1998.
2. Construct a garden area in the south parking lot as soon as is reasonable.
3. Commence construction of a monument sign near the Seventh Street entrance
by September 30, 1998.
4. Restore fireplace in library (Board Room) to working order if feasible and
allowable under the applicable building codes by December 31, 1998.
IN WITNESS WHEREOF, Xxxxxxxx and Xxxxxx have executed this Lease or caused this
Lease to be executed by their duly authorized representatives as of the date set
forth above.
AGREED AND ACCEPTED AGREED AND ACCEPTED
LANDLORD TENANT
KAIZEN COMPANY OF AMERICA, L.C. QUAD CITY BANK & TRUST COMPANY
By: By:
Title: Title:
Name: Name:
STATE OF ___________________ )
COUNTY OF _________________ )
I, ___________________________________ , a Notary Public for the County
aforesaid in the State of _______ do certify that
_____________________________________________ whose name, as
____________________________ of ______________________ is signed to the
foregoing Lease.
Given under my hand and official seal this ______ day of ________________ ,
19___.
My term of office expires the ____ day of ______________, 19____.
Notary Public
STATE OF ___________________ )
COUNTY OF _________________ )
I, _______________________________________ , a Notary Public for the County
aforesaid in the State of , do certify that ________________________________
whose name, as ________________________________ of ______________________ is
signed to the foregoing Lease.
Given under my hand and official seal this ______ day of ____________ , 19___.
My term of office expires the ____ day of ______________, 19___.
Notary Public
EXHIBIT "A"
Premises
EXHIBIT "B"
Legal Description
