ORD 38910 - Lease of premises at 11949 Q St for office space r r •
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ED FEBR
City of Omaha C ITV. if s. _l 0
Jim Suttle,Mayor 0 P t'. F E i " f;:- f
Alexis N.Hayes
Chief of Police
Omaha Police Department
"To Serve and Protect"
505 South 15th Street
Honorable President Omaha,Nebraska 68102-2769
(402)444-5600
fax(402)444-5898
and Members of the City Council, www.opd.ci.omaha.ne.us
Transmitted herewith is an Ordinance to approve a lease agreement with Project Harmony and
the City of Omaha (Police Department), involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter.
This Ordinance authorizes the lease of office space at 11949 "Q" Street, Omaha, Nebraska for a
period of sixty (60) months commencing January 1, 2011 and extending through December 31,
2015. The cost of this lease for Year 2011 is $30,000.00 annually to be paid in quarterly
installments of $7,500.00; for Year 2012 is $35,000.00 annually to be paid in quarterly
installments of $8,750.00; for Year 2013 is $40,000.00 to be paid in quarterly installments of
$10,000.00; for Year 2014 is $45,000.00 to be paid in quarterly installments of$11,250.00; and
for Year 2015 is $50,000.00 to be paid in quarterly installments of$12,500.00. Funds will be
paid from the Omaha Police Department, Fund 11111, Organization 113141 Fleet/Facilities,
Account 42451 Rent"Land, Buildings Improvement.
We request your favorable consideration of this Ordinance.
Respectfully submitted, Referr o City Council for Consideration:
David L. Baker Date ayor s Office Date
Acting Chief of Police
Approved as to Funding:
//-az5io
Pam Spaccarotella Date
Finance Director
s
S:\OPD\1156ddr
A Nationally Accredited Law Enforcement Agency
Kentron
,Health Care Inc., Kreisers, Life-Assist, December 29 , 2010
.MedAlliance, Midland Medical , Midwest
Medical, Moore Medical, and Zoll Medical r
for open orders and price agreements;and to
provide an effective date hereof.
PASSED:December 21,2010,7-0
APPROVED BY:
JIM SUTTLE 12/23/10 That said Newspaper that time , . regularlypublished and
MAYOR OF THEduring
CITY OF OMAHA in ge .circulation in the County of D r : d St a of Nebraska.
BUST-ER BROWN,
City Clerk ��•H: IVIQS�% \
12-29-10
�Q;••'GENERA4'••,•'r `t, Subscribed in , , r� :-•nce and swo.•1to before
r �r
Publishes- 3 80 0 me this 2 9 t I day of
-,4, ; COM A��SgSIQN I* fP('P he 20�
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Aa. Total : / 1----
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•
ORDINANCE NO. 38 7
AN ORDINANCE to approve a lease, involving the payment of money from appropriations of
more than one year in accordance with Section 5.17 of the Home Rule Charter of the City
of Omaha, 1956, as amended, by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska, and Project Harmony, for the use of premises
at 11949 "Q" Street, Omaha, Nebraska by the Omaha Police Department as office space
for a term commencing January 1, 2011 and extending through December 31, 2015 in the
annual amount of $30,000.00 to be paid in quarterly installments of$7,500.00 for Year
2011; and in the annual amount of $35,000.00 to be paid in quarterly installments of
$8,750.00 for Year 2012; and in the annual amount of$40,000.00 to be paid in quarterly
installments of$10,000.00 for Year 2013; and in the annual amount of$45,000.00 to be
paid in quarterly installments of$11,250.00 for Year 2014; and in the annual amount of
$50,000.00 to be paid in quarterly installments of $12,500.00 for Year 2015; and to
provide the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Authority is hereby granted and approval given for the execution of a lease
involving the payment of money from appropriations of more than one year in accordance with
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended, by and between
the City of Omaha, a municipal corporation, and Project Harmony, for providing the Police
Department of the City of Omaha with the use of premises at 11949 "Q" Street, Omaha,
Nebraska, for use as office space for the period from January 1, 2011, through and including
December 31, 2015, in the amount of $30,000.00 to be paid in quarterly installments of
$7,500.00 for Year 2011; and in the annual amount of$35,000.00 to be paid in quarterly
Acting Chief of Police
Approved as to Funding:
//-az5io
Pam Spaccarotella Date
Finance Director
s
S:\OPD\1156ddr
A Nationally Accredited Law Enforcement Agency
Kentron
,Health Care Inc., Kreisers, Life-Assist, December 29 , 2010
.MedAlliance, Midland Medical , Midwest
Medical, Moore Medical, and Zoll Medical r
for open orders and price agreements;and to
provide an effective date hereof.
PASSED:December 21,2010,7-0
APPROVED BY:
JIM SUTTLE 12/23/10 That said Newspaper that time , . regularlypublished and
MAYOR OF THEduring
CITY OF OMAHA in ge .circulation in the County of D r : d St a of Nebraska.
BUST-ER BROWN,
City Clerk ��•H: IVIQS�% \
12-29-10
�Q;••'GENERA4'••,•'r `t, Subscribed in , , r� :-•nce and swo.•1to before
r �r
Publishes- 3 80 0 me this 2 9 t I day of
-,4, ; COM A��SgSIQN I* fP('P he 20�
Additiotn :Cfes
Aa. Total : / 1----
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ORDINANCE NO. c389lQ
AN ORDINANCE to approve a lease, involving the payment of money from appropriations of
more than one year in accordance with Section 5.17 of the Home Rule Charter of the City
of Omaha, 1956, as amended, by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska, and Project Harmony, for the use of premises
at 11949 "Q" Street, Omaha, Nebraska by the Omaha Police Department as office space
for a term commencing January 1, 2011 and extending through December 31, 2015 in the
annual amount of$30,000.00 to be paid in quarterly installments of$7,500.00 for Year
2011; and in the annual amount of $35,000.00 to be paid in quarterly installments of
$8,750.00 for Year 2012; and in the annual amount of$40,000.00 to be paid in quarterly
installments of$10,000.00 for Year 2013; and in the annual amount of$45,000.00 to be
paid in quarterly installments of$11,250.00 for Year 2014; and in the annual amount of
$50,000.00 to be paid in quarterly installments of $12,500.00 for Year 2015; and to
provide the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Authority is hereby granted and approval given for the execution of a lease
involving the payment of money from appropriations of more than one year in accordance with
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended, by and between
the City of Omaha, a municipal corporation, and Project Harmony, for providing the Police
Department of the City of Omaha with the use of premises at 11949 "Q" Street, Omaha,
Nebraska, for use as office space for the period from January 1, 2011, through and including
December 31, 2015, in the amount of $30,000.00 to be paid in quarterly installments of
$7,500.00 for Year 2011; and in the annual amount of $35,000.00 to be paid in quarterly
cting Chief of Police
Approved as to Funding:
//-az5io
Pam Spaccarotella Date
Finance Director
s
S:\OPD\1156ddr
A Nationally Accredited Law Enforcement Agency
Kentron
,Health Care Inc., Kreisers, Life-Assist, December 29 , 2010
.MedAlliance, Midland Medical , Midwest
Medical, Moore Medical, and Zoll Medical r
for open orders and price agreements;and to
provide an effective date hereof.
PASSED:December 21,2010,7-0
APPROVED BY:
JIM SUTTLE 12/23/10 That said Newspaper that time , . regularlypublished and
MAYOR OF THEduring
CITY OF OMAHA in ge .circulation in the County of D r : d St a of Nebraska.
BUST-ER BROWN,
City Clerk ��•H: IVIQS�% \
12-29-10
�Q;••'GENERA4'••,•'r `t, Subscribed in , , r� :-•nce and swo.•1to before
r �r
Publishes- 3 80 0 me this 2 9 t I day of
-,4, ; COM A��SgSIQN I* fP('P he 20�
Additiotn :Cfes
Aa. Total : / 1----
\-:titrir
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• ORDINANCE NO. L379/,2
PAGE 2
installments of$8,750.00 for Year 2012; and in the annual amount of$40,000.00 to be paid in
quarterly installments of$10,000.00 for Year 2013; and in the annual amount of$45,000.00 to
be paid in quarterly installments of $11,250.00 for Year 2014; and in the annual amount of
$50,000.00 to be paid in quarterly installments of $12,500.00 for Year 2015, said funds to be
paid from the Omaha Police Department General Fund 11111, Organization 113141
Fleet/Facilities,Account 42451 Rent Land, Buildings Improvement.
Section 2. That the Mayor of the City of Omaha is authorized to execute on behalf of the
City of Omaha, and the City Clerk to attest, the Lease approval in Section 1 hereof, attached
hereto and by this reference incorporated herein.
Section 3. This Ordinance, being not of a legislative character, shall take effect
immediately upon passage under and by virtue of the authority granted by Section 2.12 of the
Home Rule Charter of the City of Omaha, 1956, as amended.
INTRODUCED BY OUNCIL EMBER
cii41.47
APPROVED BY:
...
e. . ,...,-.,d ----. 20°
,;,AYO` OF THE CITY OF OMAH
PASSED DEC 2 1 2010 7-D
ATTEST: G ,I`:..=`.. t . ,
4-
.___.7--
,e__:___-
- /2/53//0
CITY CLERK OF THE CITY OF OM HA
APPRO AS TO FORM:
!a 1'IL1,.,,
la a3lrn
TANT CITY ASP'' RNEY
S:\OPD\1157ddr (./
Department of the City of Omaha with the use of premises at 11949 "Q" Street, Omaha,
Nebraska, for use as office space for the period from January 1, 2011, through and including
December 31, 2015, in the amount of $30,000.00 to be paid in quarterly installments of
$7,500.00 for Year 2011; and in the annual amount of $35,000.00 to be paid in quarterly
cting Chief of Police
Approved as to Funding:
//-az5io
Pam Spaccarotella Date
Finance Director
s
S:\OPD\1156ddr
A Nationally Accredited Law Enforcement Agency
Kentron
,Health Care Inc., Kreisers, Life-Assist, December 29 , 2010
.MedAlliance, Midland Medical , Midwest
Medical, Moore Medical, and Zoll Medical r
for open orders and price agreements;and to
provide an effective date hereof.
PASSED:December 21,2010,7-0
APPROVED BY:
JIM SUTTLE 12/23/10 That said Newspaper that time , . regularlypublished and
MAYOR OF THEduring
CITY OF OMAHA in ge .circulation in the County of D r : d St a of Nebraska.
BUST-ER BROWN,
City Clerk ��•H: IVIQS�% \
12-29-10
�Q;••'GENERA4'••,•'r `t, Subscribed in , , r� :-•nce and swo.•1to before
r �r
Publishes- 3 80 0 me this 2 9 t I day of
-,4, ; COM A��SgSIQN I* fP('P he 20�
Additiotn :Cfes
Aa. Total : / 1----
\-:titrir
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•
LEASE
THIS LEASE is made and entered into as of the 1st day of January, 2011, between
PROJECT HARMONY (A HAVEN FOR ABUSE RESPONSE MEMBERS SERVING OUR
NEBRASKA YOUTH) ("Lessor") and CITY OF OMAHA ("Lessee").
1. PREMISES. Lessor hereby leases to Lessee and Lessee leases from Lessor
approximately 5,000 square feet of that building (the "Building") located at 11949 "Q" Street,
Omaha, Nebraska 68137, The Building is located on that real estate (the "Land") described on
Exhibit A attached hereto.
2. TERM. This Lease shall be for a term of 5 years, commencing on January 1, •
2011 (the "Commencement Date") and expiring on December 31, 2015 (the "Termination
Date"), unless sooner terminated as herein provided. Lessee shall have the option to renew the
term of this Lease by providing written notice of Lessee's exercise of such option delivered to
Lessor no later than 180 days prior to the Termination Date. The rental rate during the renewal
term shall be such amount as the parties hereto shall agree on; provided, however, if the parties
hereto are unable to agree upon the rental rate for the renewal term by 90 days prior to the
Termination Date, then the option to renew shall be nulland void and this Lease shall expire on
the Termination Date.
3. RENT. Lessee agrees to pay Lessor the rent due herein at the office of Lessor at
the address set forth in Section 26 below or at such other place as Lessor may from time to time
designate in writing, in lawful money of the United States, in quarterly installments as follows:
Year Quarterly Installment (the "Base Rent") Annual Amount
2011 $7,500.00 $30,000.00
2012 $8,750.00 $35,000.00
2013 $10,000.00 $40,000.00 •
2014 $11,250.00 $45,000.00
2015 $12,500.00 $50,000.00
in advance, the first such quarterly payment being due on the Commencement Date, and each
quarterly payment thereafter due on each, April 15, July 15, October 15 and thereafter during the
term of this Lease. Rent shall be absolutely net to Lessor so that this Lease shall yield, net to
Lessor, the Rent specified in this Section 3, and that all other costs to be paid by Lessee
hereunder, including all insurance coverages required to be carried by Lessee. All payments of
Rent shall be payable without previous demand therefore and without any right of set-off or
deduction whatsoever, and in the case of non-payment of any item of Rent by Lessee when the
same is due, Lessor shall have, in addition to all its other rights and remedies, all of the rights
and remedies available to Lessor under the provisions of this Lease or by law in the case of non-
payment of Rent. The performance and observance by Lessee of all the terms, covenants,
conditions and agreements to be performed or observed by Lessee hereunder shall be performed
and observed by Lessee at Lessee's sole cost and expense
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If at any time any method of taxation shall be such that there shall be levied, assessed or
imposed on Lessor, or on the Rent, a capital levy, gross receipts or sales tax or other tax on the
rents received therefrom, Lessee shall pay and discharge the same, it being the intention of the
parties hereto that the rent to be paid hereunder shall be paid to Lessor absolutely net without
deduction or charge of any nature whatsoever. Nothing in this Lease shall require Lessee to pay
any income taxes assessed against Lessor or any estate, succession or inheritance taxes of Lessor.
Lessee agrees to pay the Rent as and when due, together with all adjustments and all
other amounts required to be paid by Lessee under this Lease, which amounts shall be considered
"rent" in addition to the rent provided for herein, and in the event of nonpayment of any such
amounts by Lessee, Lessor shall have all the rights and remedies herein provided for failure to
pay rent.
4. IMPROVEMENTS. Lessee shall not make any improvements or alterations on
or about the Premises without the written consent of Lessor. Lessee may remove its trade
fixtures at the termination of this Lease provided Lessee is not then in default and provided
further that Lessee repairs any damage caused by such removal.
5. REPAIRS. Lessee shall, at its sole expense, maintain the Premises in the
condition taken by Lessee upon the Commencement Date subject to normal wear and tear,
damage by the elements and casualty excepted and promptly make all repairs and replacements,
necessary to keep the Premises in such condition, including all utilities and other systems serving
the Premises, but excluding the roof, foundation and exterior walls, which Landlord shall
maintain in good condition and repair at Landlord's expense. When used in this Section 5,
"repairs" shall include all necessary replacements, renewals, alterations, additions and
betterments. All repairs made by Lessee shall be at least equal in quality to the original work
and shall be made by Lessee in accordance with all laws, ordinances and regulations whether
heretofore or hereafter enacted. Lessee shall not do or suffer any waste or damage or injury to
the Premises or any improvements hereafter erected thereon, or to the fixtures or equipment
therein, or permit or suffer any overloading of the floors or other use of the Premises that would
place an undue stress on the same or any portion thereof beyond that for which the same was
designed. Lessee shall comply with all laws and regulations of any governmental authority with
respect to the Premises, and the manner of using and operating the same and with all restrictive
covenants, if any, affecting the title to the Premises or any part thereof
6. MECHANICS' LIENS. Lessee shall not suffer or permit any mechanic's lien or
other lien to be filed against the Premises, or any portion thereof, by reason of work, labor, skill,
services, equipment or materials supplied or claimed to have been supplied to the Premises at the
request of Lessee, or anyone holding the Premises, or any portion thereof, through or under
Lessee. If any such mechanic's lien or other lien shall at any time be filed against the Premises,
or any portion thereof, Lessee shall cause the same to be discharged of record within thirty (30)
days after the date of filing the same. If Lessee shall fail to discharge such mechanic's lien or
liens or other lien within such period, then in addition to any other right or remedy of Lessor,
Lessor may, but shall not be obligated to, discharge the same by paying to the claimant the
amount claimed to be due or by procuring the discharge of such lien as to the Premises by
deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the
deposit of a bond or other security with such court sufficient in form, content and amount to
procure the discharge of such lien. Any amount paid by Lessor, or the value of any deposit so
made by Lessor, together with all costs, fees and expenses in connection therewith (including
reasonable attorney's fees of Lessor), together with interest thereon at the rate of 12% per
annum, shall be repaid by Lessee to Lessor on demand by Lessor and if unpaid may be treated as
Additional Rent. Lessee shall indemnify and defend Lessor against and save Lessor and the
Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities,
suits, penalties, claims, demands and obligations, including, without limitation, reasonable
attorney's fees resulting from the assertion, filing foreclosure or other legal proceedings with
respect to any such mechanic's lien or other lien.
All materialmen, contractors, artisans, mechanics, laborers and any other person now or
hereafter furnishing any labor, services, materials, supplies or equipment to Lessee with respect
to the Premises, or any portion thereof, are hereby charged with notice that they must look
exclusively to Lessee to obtain payment for the same. Notice is hereby given that Lessor shall
not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment
furnished or to be furnished to Lessee upon credit, and that no mechanic's lien or other lien for
any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or
affect the estate or interest of Lessor in an to the Premises, or any portion thereof.
7. TAXES. Personal property taxes on personal property of Lessee located on the
Premises shall be paid by Lessee prior to delinquency.
8. INSURANCE. Lessee shall carry and maintain, at its sole cost and expense,
either state qualified self-insurance or the following types of insurance, in the amount specified
and in the form hereafter provided during the term of this Lease:
(a) Commercial General Liability. Commercial general liability and property
damage insurance with a combined single limit of at least $2,000,000 per occurrence insuring
against any and all liability of the insured with respect to said Premises or arising out of the
maintenance, use or occupancy thereof. All such bodily injury liability insurance and property
damage liability insurance shall specifically insure the performance by Lessee of the indemnity
provisions as to liability for injury to or death of persons and injury or damage to property
contained herein.
(b) Employer's Liability. Worker's compensation insurance in accordance
with the statutory requirements of the state where the Premises are located and employer's
liability insurance in the minimum amount of$500,000.
(c) Policy Form. All policies of insurance provided for herein shall be issued
by insurance companies with general policyholders' rating of not less than A and financial rating
of at least X as rated in the most current available "Best's Insurance Reports", and qualified to do
business in the State of Nebraska, and shall be issued in the names of Lessor, Lessee and such
other persons or firms as Lessor specifies from time to time as insureds. Such policies shall be
for the mutual and joint benefit and protection of Lessor, Lessee and others hereinabove
3
Lessor may, but shall not be obligated to, discharge the same by paying to the claimant the
amount claimed to be due or by procuring the discharge of such lien as to the Premises by
deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
•
mentioned, and executed copies of such policies of insurance or certificates thereof shall be
delivered to the Lessor upon Lessee's execution of this Lease, and thereafter within thirty (30)
days prior to the expiration of the term of each such policy. All public liability policies shall
contain a provision that the Lessor, although named as an insured, shall nevertheless be entitled
to recovery under said policies for any loss occasioned to it, its servants, agents and employees
by reason of the negligence of Lessee or Lessor. As often as any such policy shall expire or
terminate, renewal or additional policies shall be procured and maintained by Lessee in like
manner and to like extent. All policies of insurance or certificates thereof delivered to Lessor
must contain a provision that the company writing said policy will give Lessor thirty (30) days
notice in writing in advance of any cancellation or lapse or the effective date of any reduction in
the amounts of insurance. All public liability, property damage and other casualty policies shall
be written as primary policies, not contributing with and not in excess of coverage which Lessor
may carry.
(d) Use of Premises Not to Invalidate Insurance, Waiver of Subrogation.
Lessee shall not use or occupy the Premises or any part thereof in any manner which could
invalidate any policies of insurance now or hereafter placed on the Premises or increase the risks
covered by insurance on the Premises or necessitate additional insurance premiums or policies of
insurance, even if such use may be in furtherance of Lessee's business purposes. In the event any
policies of insurance are invalidated by acts or omissions of Lessee, Lessor shall have the right to
terminate this Lease, or at Lessor's option, to charge Lessee for extra insurance premiums
required on the Premises on account of the increased risk caused by Lessee's use and occupancy
of the Premises. Lessee waives all claims for recovery from Lessor for any loss or damage to
any of its property insured under valid and collectible insurance policies.
9. USE OF PREMISES. The Premises are leased to Lessee, and are to be used by
Lessee only, for general office purposes and general office storage only. Lessee agrees to use the
Premises in such a manner as to comply with all applicable governmental laws, ordinances and
regulations in connection with its use of the Premises, and to keep the Premises in a clean and
sanitary condition, and to use all reasonable precaution to prevent waste, damage or injury to the
Premises.
10. CONDITION OF PREMISES. Lessee agrees that Lessee is accepting the
Premises in its current condition, "AS IS", and that no promises, representations, statements or
warranties have been made on behalf of Lessor to Lessee respecting the condition of the
Premises, or the making, at Lessor's cost, of any repairs to the Premises, and the taking of
possession of the Premises by Lessee shall be construed as recognition by Lessee that the
Premises were in good and satisfactory condition when possession of same was taken. Lessee
shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Lessee's
property therefrom and surrender the Premises to Lessor in as good condition as when Lessee
took possession, normal wear excepted only.
11. PERSONAL PROPERTY AT RISK OF LESSEE. All personal property in
the Premises shall be at the risk of Lessee only. Lessor shall not be liable for any damage to any
property of Lessee or its agents or employees in the Premises caused by steam, electricity,
sewage, gas or odors, or from water, rain or snow which may leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
•
Premises from any part of the Premises, or from any other place or quarter, or for any damage
done to Lessee's property in moving same to or from the Premises. Lessee shall give Lessor, or
its agents, prompt written notice of any damage to or defects in water pipes, gas or warming or
cooling apparatus in the Premises.
12. INDEMNITY. Lessee shall indemnify, hold harmless and defend Lessor from
and against, and Lessor shall not be liable to Lessee on account of, any and all costs, expenses,
liabilities, losses, damages, suits, actions, fines, penalties, demands or claims of any kind,
including reasonable attorney's fees, asserted by or on behalf of any person, entity or
governmental authority arising out of or in any way connected with either (a) a failure by Lessee
to perform any of the agreements, terms, or conditions of this Lease required to be performed by
Lessee, (b) a failure by Lessee to comply with any laws, statutes, ordinances, regulations or
orders of any governmental authority, or (c) any accident, death, or personal injury, or damage
to, or loss or theft of property which shall occur on or about the Premises, except as the same
may be the result of the negligence of Lessor, its employees or agents.
Lessor shall indemnify, hold harmless and defend Lessee from and against, and Lessee
shall not be liable to Lessor on account of, any and all costs, expenses, liabilities, losses,
damages, suits, actions, fines, penalties, demands or claims of any kind, including reasonable
attorney's fees, asserted by or on behalf of any person, entity or governmental authority arising
out of or in any way connected with either (a) a failure by Lessor to perform any of the
agreements, terms, or conditions of this Lease required to be performed by Lessor, or (b) a
failure by Lessor to comply with any laws, statutes, ordinances, regulations or orders of any
governmental authority.
13. ENVIRONMENTAL. From and after the date of this Lease, Lessee hereby
indemnifies and holds Lessor harmless from and against any and all liabilities, obligations,
losses, damages, penalties, claims, environmental response and cleanup costs, fines, and actions,
suits, costs, taxes, expenses, of whatsoever kind or nature imposed on, incurred by, or served
against Lessor in any way relating to or arising out of the management,•mismanagement,
presence, use, possession, generation, transportation, removal, treatment, storage, disposal,
migration, or remedy of any "Regulated Substance" as defined herein, now or hereafter in, on,
under or from the Premises, where such events have been caused by the acts or omissions of
Lessee or its directors, officers, employees, agents, licensees or invitees.
Lessee shall not cause or permit any Regulated Substance or any flammable explosive,
oil, contaminate, radioactive material, hazardous waste or material, toxic waste or material or
any similar substance to be brought upon,kept or used in or about the Premises.
From and after the date of this Lease, Lessor hereby indemnifies and holds Lessee
harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims,
environmental response and cleanup costs, fines, and actions, suits, costs, taxes, expenses, of
whatsoever kind or nature imposed on, incurred by, or served against Lessee in any way relating
to or arising out of the management, mismanagement, presence, use, possession, generation,
transportation, removal, treatment, storage, disposal, migration, or remedy of any "Regulated
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
events have been caused by the acts or omissions of Lessor or its directors, officers, employees,
agents, licensees or invitees.
Lessor shall not cause any Regulated Substance or any flammable explosive, oil,
contaminate, radioactive material, hazardous waste or material, toxic waste or material or any
similar substance to be brought upon, kept or used in or about the Premises.
For the purposes of this Lease, the term "Regulated Substance" shall include substances
defined as "regulated substances," "hazardous waste," "hazardous substances," "hazardous
materials," "toxic substances," "pesticides" or terms of similar import or effect in the Resource
Conservation and Recovery Act, as amended by the Hazardous Solid Waste Amendments of
1984, the Comprehensive Environmental Response, Compensation, and Liability Act, as
amended by the Superfund Amendments and Reauthorization Act, the Hazardous Materials
Transportation Act, the Toxic Substances Control Act, Federal and state environmental laws, any
future local, state or federal law or ordinance, or the regulations, rules, and ordinances adopted
and publications from time to time promulgated pursuant to said local, state, and federal laws or
ordinances. The indemnity in this Section 13 shall survive the expiration or termination of this
Lease and shall continue to run in favor of each successive owner of the Premises,
notwithstanding that, at the time the right to indemnity is claimed, the party seeking the
indemnity is no longer Landlord under this Lease.
14. DAMAGE BY FIRE OR OTHER CASUALTY. If, during the term of this
Lease, the Premises, or any portion thereof, shall be so damaged by fire or any other cause
except Lessee's negligent or intentional act so as to render the Premises, or any portion thereof,
untenantable, the rent shall be proportionately abated in an amount equal to the proportion
thereof which the number of square feet of net rentable area of the improvements on the
Premises rendered untenantable thereby bears to the total number of square feet of net rentable
area of the improvements on the Premises immediately prior to such damage or destruction while
the Premises or any portion thereof remain untenantable; and in the event of such damage,
Lessor shall elect whether to repair the Premises or to cancel this Lease and shall notify Lessee
in writing of its.election within sixty (60) days after such damage. In the event Lessor elects to
repair the Premises, the work or repair shall begin promptly and shall be carried on without
unnecessary delay. In such event, proceeds of the fire and extended coverage insurance policy
applicable to the improvements on the Premises shall be used for the repair or replacement of the
property damaged or destroyed. In the event Lessor elects not to repair the Premises, the Lease
shall be deemed canceled as of the date of the damage. In such event, the proceeds of the fire
and extended coverage policy shall be paid over to Lessor. Any such damage shall not extend
the Lease term. Lessee shall not be entitled to any damages by reason of any inconvenience or
loss sustained by Lessee as a result of the Premises or any portion thereof being untenantable
while the Premises are being repaired or in the event the Lessor elects to cancel the Lease as
provided above.
6
y relating
to or arising out of the management, mismanagement, presence, use, possession, generation,
transportation, removal, treatment, storage, disposal, migration, or remedy of any "Regulated
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
15. QUIET ENJOYMENT. Lessor agrees that Lessee, upon paying the specified
rent and performing the covenants and conditions herein to be performed by the Lessee
hereunder, shall and may peaceably and quietly have, hold and enjoy the Premises for the lease
term.
16. CONDEMNATION. If the whole or any part of the Premises shall be taken by
public authority under the power of eminent domain, then the term of this Lease shall cease on
that portion of the Premises so taken, from the date of possession, and the rent shall be paid to
that date, with a proportionate refund by Lessor to Lessee of such rent as may have been paid by
Lessee in advance. If the portion of the Premises taken is such that it prevents the practical use
of the Premises for Lessee's purposes, then Lessee shall have the right either (a) to terminate this
Lease by giving written notice of such termination to Lessor not later than thirty (30) days after
the taking, or (b) to continue in possession of the remainder of the Premises, except that the rent
shall be reduced in proportion to the area of the Premises taken. In the event of any taking or
condemnation of the Premises, in whole or in part, the entire resulting award of damages shall be
the exclusive property of Lessor, including all damages awarded as compensation for diminution
in value to the leasehold, without any deduction for the value of any unexpired term of this
Lease, or for any other estate or interest in the Premises now or hereafter vested in Lessee.
17. ASSIGNMENT OR SUBLEASE. Lessee shall not assign this Lease or sublet
the whole or any part of the Premises, or permit any other person, except agents and employees
of Lessee, to occupy the Premises, or any part thereof, without the prior written consent of
Lessor. If Lessee is a corporation or partnership, any transfer, whether pursuant to one
transaction or in the aggregate, of 25% or more of the beneficial ownership interests in Lessee
shall be deemed to be an assignment for purposes of this Section 17. Lessor's consent shall not
be unreasonably withheld. Lessor shall have the right to assign its interest under this Lease or
the rent reserved hereunder.
18. LESSOR'S RESERVED RIGHTS. Without notice to Lessee, without liability
to Lessee for damage or injury to property, person or business, and without effecting an eviction
of Lessee or a disturbance of Lessee's use or possession or giving rise to any claim for setoff or
abatement of rent, Lessor shall have the right to:
(a) Take any and all reasonable measures, including inspections or the making
of repairs, alterations, and additions and improvements to the Premises which Lessor deems
necessary or desirable for the safety, protection, operation or preservation of the Premises.
(b) Approve all signs on the Premises prior to installation thereof.
19. DEFAULT OR BREACH. Each of the following events shall constitute a
default or a breach of this Lease by Lessee:
(a) If Lessee fails to pay Lessor any rent or additional rent when due
hereunder or within 5 days thereafter;
7
tained by Lessee as a result of the Premises or any portion thereof being untenantable
while the Premises are being repaired or in the event the Lessor elects to cancel the Lease as
provided above.
6
y relating
to or arising out of the management, mismanagement, presence, use, possession, generation,
transportation, removal, treatment, storage, disposal, migration, or remedy of any "Regulated
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
(b) If Lessee fails to perform or comply with any other term or condition of
this Lease and if such nonperformance shall continue for a period of 15 days after notice thereof
by Lessor to Lessee, time being of the essence;
(c) If Lessee vacates or abandons the Premises;
(d) If Lessee files a petition in bankruptcy or insolvency or for reorganization
under any Bankruptcy Act, or voluntarily takes advantage of any such act by answer or
otherwise, or makes an assignment for the benefit of creditors; or
(e) If involuntary proceedings under any bankruptcy or insolvency act shall be
instituted against Lessee, or if a receiver or trustee shall be appointed of all or substantially all of
the property of Lessee, and such proceedings shall not be dismissed or the receivership or
trusteeship vacated within 30 days after the institution or appointment.
20. EFFECT OF DEFAULT. In the event of any default or breach hereunder, in
addition to any other right or remedy available to Lessor, either at law or in equity, Lessor may
exert any one or more of the following rights:
(a) Cure any default of Lessee hereunder, in which case Lessee shall
reimburse any costs incurred by Lessor in curing such default, together with interest charged
thereon at the rate of 12% per annum, which amount shall be paid by Lessee to Lessor within 15
days after demand on Lessee therefore.
(b) Lessor may re-enter the Premises immediately and remove the property
and personnel of Lessee, and shall have the right, but not the obligation, to store such property in
a public warehouse or at a place selected by Lessor, at the risk and expense of Lessee.
(c) Lessor may retake the Premises and may terminate this Lease by giving
notice of termination to Lessee. Without such notice, Lessor's retaking will not terminate the
Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from
the breach, including the cost of recovering the Premises and the value of the rental for the
balance of the Lease over the reasonable rental value of the Premises for the remainder of the
Lease term, which sum shall be immediately due Lessor from Lessee.
(d) Lessor may relet the Premises or any part thereof for any term without
terminating this Lease, at such rent and on such terms as it may choose. Lessor may make
alterations and repairs to the Premises. In addition to Lessee's liability to Lessor for breach of
this Lease, Lessee shall be liable for all expenses of the reletting, for any alterations and repairs
made, and for the difference between the rent received by Lessor under the new lease agreement
and the rent installments that are due for the same period under this Lease.
21. SURRENDER - HOLDING OVER. Lessee shall, upon termination of this
Lease, whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to
Lessor. In the event Lessee shall hold over or remain in possession of the Premises with the
consent of Lessor after the expiration of the stated term of this Lease, or any written extension or
8
eafter;
7
tained by Lessee as a result of the Premises or any portion thereof being untenantable
while the Premises are being repaired or in the event the Lessor elects to cancel the Lease as
provided above.
6
y relating
to or arising out of the management, mismanagement, presence, use, possession, generation,
transportation, removal, treatment, storage, disposal, migration, or remedy of any "Regulated
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
renewal of the term of this Lease, such holding over or continued possession shall create a
tenancy from month to month only, upon the same terms and conditions as are herein set forth so
far as the same are applicable, except for Base Rent which shall be at the rate of 150% of the
monthly rental rate then in effect for the last month of the term of this Lease.
22. SUBORDINATION AND ATTORNMENT. Lessor reserves the right to place
liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease,
and all rights of Lessee hereunder, shall at the option of Lessor, be subject and subordinate to'
any liens and encumbrances now or hereafter imposed by Lessor upon the Premises or any part
thereof, and Lessee agrees to execute, acknowledge and deliver to Lessor, upon demand, any and
all instruments that may be necessary or proper to subordinate this Lease and all rights herein to
any such lien or encumbrance as may be required by Lessor.
Lessee hereby agrees to attorn to the assignee, transferee, or purchaser of Lessor
from and after the date of notice to Lessee of such assignment, transfer or sale, in the same
manner and with the same force and effect as though this Lease were made, in the first instance,
by and between Lessee and such assignee, transferee or purchaser. In the event of the exercise of
the power sale under, or the foreclosure of, and deed of trust, mortgage or other encumbrance
placed by Lessor against all or any portion of the Premises, Lessee shall upon demand attorn to
the purchaser upon the effective date of any such sale or foreclosure of any such deed of trust,
mortgage or other encumbrance, and shall recognize the purchaser of judgment creditor as the
Lessor under the Lease.
Lessee agrees to execute and deliver such further assurances and other
documents, including a new lease upon the same terms and conditions contained herein,
confirming the foregoing, as such purchaser may reasonably request. Lessee waives any right of
election to terminate this Lease because of any such foreclosure proceedings.
23. TRANSFER OF LESSOR'S OBLIGATIONS. The term "Lessor" as used in
this Lease, so far as the covenants or obligations on the part of Lessor are concerned, shall be
limited to mean and include only the owner or owners at the time in question of the fee of the
Premises, and in the event of any transfer of conveyance of the Lessor's title to such fee, other
than by way of security only, the Lessor herein named, except as hereinafter provided (and in
case of any subsequent transfers of conveyances, except by way of security only, the then
Grantor) shall be automatically freed and relieved from and after the date of such transfer or
conveyance of all personal liability as respects to the performance of any covenants or
obligations on the part of Lessor contained in this.Lease thereafter to be performed, provided that
any funds in the hands of such Lessor, or the then Grantor, at the time of such transfer or
conveyance in which Lessee has an interest shall be turned over to the Transferee or Grantee,
and any amount then due and payable to Lessee by Lessor, or by the then Grantor, under any
provisions of this Lease shall be paid to Lessee, it being intended hereby that the covenants and
obligations contained in this Lease on the part of the Lessor to be kept and performed by it shall,
subject as aforesaid, be binding on Lessor, its successors and assigns only during and in respect
of their respective successive periods of ownership.
9
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
24. ESTOPPEL CERTIFICATE. Lessee agrees that at any time and from time to
time during the term of this Lease, and within ten (10) days after demand therefore by Lessor, to
execute and deliver to Lessor or to any proposed mortgagee, trustee, beneficiary or purchaser, a
certificate in recordable form certifying that this Lease is in full force and effect, that the Lease is
unmodified, or if modified state any such modifications, and that there are no defenses or offsets
thereto, or stating such defenses or offsets as are claimed by Lessee, and the dates to which all
rentals have been paid.
25. INTEREST ON PAST DUE OBLIGATIONS. Whenever under any provision
of this Lease Lessee shall be obligated to make any payment or expenditure, or to do any act or
thing, or to incur any liability whatsoever, and Lessee fails, refuses or neglects to perform as
herein required, Lessor shall be entitled but shall not be obligated to make any such payment or
expenditure, or do any such act or thing, or to incur any such liability, all on behalf of and at the
cost and for the account of Lessee, and in such event the amount thereof with interest thereon as
hereinafter provided shall be deemed additional rental hereunder and shall be added to and
deemed a part of the next installment of rent thereafter becoming due from Lessee to Lessor
hereunder. Any amount due from Lessee to Lessor under this Lease which is not paid when due
shall bear interest at the rate of 18 percent per annum from the date due until paid, but the
payment of such interest shall not excuse or cure any default by Lessee under this Lease.
26. NOTICES. Any notice of demands to be given hereunder shall be given in
writing and sent by registered or certified mail to Lessor at 11949 "Q" Street, Omaha, Nebraska
68137 and to Lessee at Lessee's office at 505 South 15th Street, Omaha, Nebraska 68102, or at
such other address as either party may from time to time designate in writing. Each such notice
shall be deemed to have been given at the time it shall be deposited in the United States mail in
the manner prescribed herein. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed by law for personal service of a summons or other
legal process.
27. MISCELLANEOUS.
(a) Binding on Assigns. All terms, conditions and agreements of this Lease
shall be binding upon, apply and inure to the benefit of the parties hereto and their respective
heirs, representatives, successors and permitted assigns.
(b) Amendment in Writing. This Lease contains the entire agreement
between the parties and may be amended only by subsequent written agreement.
(c) Waiver-None. The failure of Lessor to insist upon strict performance of
any of the terms, conditions and agreements of this Lease shall not be deemed a waiver of any of
its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or
default of any of such terms, conditions and agreements. The doing of anything by Lessor which
Lessor is not obligated to do hereunder shall not impose any future obligation on Lessor nor
otherwise amend any provision of this Lease.
10
1
d hereby that the covenants and
obligations contained in this Lease on the part of the Lessor to be kept and performed by it shall,
subject as aforesaid, be binding on Lessor, its successors and assigns only during and in respect
of their respective successive periods of ownership.
9
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
•
(d) No Surrender. No surrender of the Premises by Lessee shall be affected
by Lessor's acceptance of the keys to the Premises or of the rent due hereunder, or by any other
means whatsoever, without Lessor's written acknowledgment that such acceptance constitutes a
surrender.
(e) Captions. The captions of the various paragraphs in this Lease are for
convenience only and do not define, limit, describe or construe the contents of such paragraphs.
(f) Applicable Law. This Lease shall be governed by and construed in
accordance with the laws of the State of Nebraska.
(g) Partial Invalidation of Lease. If any term, covenant or condition of this
Lease is determined by any court of competent jurisdiction to be invalid or unenforceable, the
remainder of this Lease shall remain in full force and effect.
(h) Counterparts. This Lease may be executed in counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
28. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the lessor agrees as follows:
1. The lessor shall not discriminate against any employee or applicant for employment because
of race, religion, color, sex, national origin, or disability as defined by the Americans With
Disabilities Act of 1990 and Omaha Municipal Code 13-89. The lessor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex, or national origin. The
lessor shall take all actions necessary to comply with the Americans With Disabilities Act of
1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable
accommodation. As used herein, the word "treated" shall mean and include, without
limitation, the following: Recruited, whether advertising or by other means; compensated;
selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded;
transferred; laid off; and terminated. The lessor agrees to make, and shall post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
2. The lessor shall, in all solicitations or advertisements for employees placed by or on behalf
of the lessor, state that all qualified applicants will receive consideration for employment
without regard to race,religion, color, sex, or national origin.
3. The lessor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement.or other contract or understanding a notice advising the
labor union or worker's representative of the lessor's commitments under the Equal
11
waiver of any subsequent breach or
default of any of such terms, conditions and agreements. The doing of anything by Lessor which
Lessor is not obligated to do hereunder shall not impose any future obligation on Lessor nor
otherwise amend any provision of this Lease.
10
1
d hereby that the covenants and
obligations contained in this Lease on the part of the Lessor to be kept and performed by it shall,
subject as aforesaid, be binding on Lessor, its successors and assigns only during and in respect
of their respective successive periods of ownership.
9
Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. The lessor shall furnish to the Contract Compliance Officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under
Federal rules and regulations, and including the information required by 10-192 to 10-194,
inclusive, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs (1) through (7)
of this subsection and only after reasonable notice is given the lessor. The purpose for this
provision is to provide for investigation to ascertain compliance with the program provided
for herein.
5. The lessor shall take such actions with respect to any sublessor as the City may direct as a
means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties
and sanctions for noncompliance; however, in the event the lessor becomes involved in or is
threatened with litigation as the result of such directions by the City, the City will enter into
such litigation as is necessary to protect the interests of the City and to effectuate these
provisions (of this division); and in the case of contracts receiving Federal assistance, the
lessor or the City may request the United States to enter into such litigation to protect the
interests of the United States.
6. The lessor shall file and shall cause his sublessors, if any, to file compliance reports with
the lessor in the same form and to the same extent as required by the Federal government
for Federal contracts under Federal rules and regulations. Such compliance reports shall
be filed with the Contract Compliance Officer. Compliance reports filed at such times as
directed shall contain information as to the employment practices, policies, programs, and
statistics of the lessor and his sublessors.
7. The lessor shall include the provisions of paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each sublessor or vendor.
29. New Employee Work Eligibility Status. Pursuant to and in order to be in
compliance with Neb.Rev.Stat. §4-114(2), the parties shall use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. §1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
• other federal agency authorized to verify the work eligibility status of a newly hired employee.
lawful presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE) Program. Neither Party is an individual or sole proprietorship. Therefore, neither Party is
subject to the public benefits attestation and related requirements of Neb.Rev.Stat. §§4-108 - 113.
30. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest, direct or
12
ined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
.L) C U 0 C x ` 7 0 -p
v 5 x 2 2 cO j co . o a) C c C U 2 N N 2 .c - U U .▪ 2 N O • a _ E 7 co o
L i L O w v c a) a 0 C j -0 0 Q 2 o 0 Lo 0. d ,cUi H H o a LI Cr) " CO CO C a) ti
U ° QE uai as °� as �' o to E ~ m U 8 a) N W W 0 .c a) m y w a)
o rn c 0 E E m L 0 M v U = O @ N a) a) N y m Q E Q a) W
c a CO > > CO a`� E o a a) d c rn > > o o ma) f° E a) > > L co O 0
.a o U U g g co a •N c Q > > -o 2 0 a o 'v =o y c c E E , a CO 0 CA is m m a) c W U
tO as g 0_ a in > > 2 o CO 'a > co co CON o X - 0 0 3 >, L L c co co co o w
m En m m CO CO CO U 0 W w w 0 0 E -I 2 2 In (n Cl) to Cl) I- I- I- I` D > > 5 5 5 5 >- M y
Z. 1' O CO co a) 2 as D a) m 0 N 0 T
W W W W W O` J J 2 2 Z Z Z Z C1 E E co N Cn Cn Cn Cn 1-_I- H W Q U H > co 2 2 2 2 2 0 co co
' indirect, in any Agreement which may involve the City. Any violation of this section with the
knowledge of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or Council.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.
EXECUTED this 4,3" day of � �jy��j 2010.
ATTEST: CITY OF OMAHA, a Municipal Corporation
ti
-
Clerk, City of Omaha Ma y City o aha
APPROVED AS TO FORM:
• G /2-frl/o
Assistant City Attorney
PROJECT HARMONY (A haven for abuse
Response,members serving our Nebraska
Youth)
*IPA'
Name Title Date
13
20
21
22
13
14
15
16
17
18
19
20
21
22
•
•
EXHIBIT A
Legal Description
PLAZA 120 LOT 2 BLOCK 0 IRREG 12769 SQ FT PARCEL AS DESC QCD 2113-455 NW 1/4 NW 1/4
SEC 8-14-12 & IRREG LOT 2 PLAZA 120 ADD
S:\OPD\1158ddr
•
14
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.
EXECUTED this 4,3" day of � �jy��j 2010.
ATTEST: CITY OF OMAHA, a Municipal Corporation
ti
-
Clerk, City of Omaha Ma y City o aha
APPROVED AS TO FORM:
• G /2-frl/o
Assistant City Attorney
PROJECT HARMONY (A haven for abuse
Response,members serving our Nebraska
Youth)
*IPA'
Name Title Date
13
20
21
22
13
14
15
16
17
18
19
20
21
22
•
•
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verification of the work authorization program authorized by the illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. §1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
• other federal agency authorized to verify the work eligibility status of a newly hired employee.
lawful presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE) Program. Neither Party is an individual or sole proprietorship. Therefore, neither Party is
subject to the public benefits attestation and related requirements of Neb.Rev.Stat. §§4-108 - 113.
30. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest, direct or
12
ined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
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•
••NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for -
City Council Hearing on December 14, OF O�/�,�LI�jII
•
2010,at2:00p.m.: 1�JA
AN ORDINANCE to approve a lease,
involving the payment of money from RONALD A. HENNINGSEN, Publisher
appropriations of more than one year • PROOF OF PUBLICATION
accordance with Section 5.17 of the Home
Rule Charter of the City of Omaha, 1956, as
amended,by and between the City of Omaha,
a municipal corporation in Douglas County,
Nebraska,and Project Harmony,for the use of UNITED STATES OF AMERICA,
premises at 11949 'O' Street, Omaha, The State of Nebraska,
Nebraska by the Omaha Police Department as SS.
office space for a term commencing January District of Nebraska,
• 1,2011 and extending through December 31,
2015 in the annual amount of$30,000.00 to be County of Douglas,
paid in quarterly installments of$7,500.00 for City of Omaha,
Year 2011; and in the annual amount.of
$35,000.00 to be paid in quarterly installments
of$8,750.00 for Year 2012;and in the annual J.BOYD
amount of$40,000.00 to be paid in quarterly
installments of$10,000.00 for Year 2013;and
in the annual amount of$45,000.00 to be paid being duly sworn,deposes and says that she is
in quarterly installments of $11,250.00 for -
Year 2014; and in the annual amount of LEGAL EDITOR
$50,000.00 to be paid in quarterly installments
of$12,500.00 for Year 2015;and to provide
the effective date hereof. BUSTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
City Clerk published daily in the English language, having a bona fide paid
12-10-10 circulation in Douglas County in excess of 300 copies, printed in
I
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
December 10 . 2010
•
That said Newspaper during that time was • • arly published and
in generistowin the County of Dougl: i; - :to of Nebraska.
,�- N. M0SyF
TPA c0 RA( Subscribed in my .ce and sworn to before
•
P lisher's F�®SPR �2 _:� me this 10 h da f
ow0\SS
Ad ittgila1 aogi R i 2
•
26
nT,ot ..6 . P Notary P i i r u ounty,
`STATE OF 05' S e ebraska
no 0 T r
lly performing services
within the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. §1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
• other federal agency authorized to verify the work eligibility status of a newly hired employee.
lawful presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE) Program. Neither Party is an individual or sole proprietorship. Therefore, neither Party is
subject to the public benefits attestation and related requirements of Neb.Rev.Stat. §§4-108 - 113.
30. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest, direct or
12
ined herein, now or hereafter in, on, under or from the Premises, where such
5
y leak into, issue or flow into the
4
ng jurisdiction of such lien, the foreclosure thereof or other proceedings
2
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t - "N TO PUBLIC THE DAILY RECORD
t ORDINANCE NO.38910
AN ORDINANCE to approve a lease, ' '�/�'��
involving the payment of money from OF O1%JAHA appropriations of more than one year in
accordance with Section 5.17 of the Home
Rule Charter of the City of Omaha, 1956, as RONALD A. HENNINGSEN, Publisher
amended, PROOF OF PUBLICATION
Omaha, a and between the City municipal corporation in Douglasas
County, Nebraska, and Project Harmony,for
the use of premises at 11949 'Cl' Street,
Omaha, Nebraska by the Omaha Police UNITED STATES OF AMERICA,
Department as office space for a term The State of Nebraska commencing January 1, 2011 and extending SS.
through December 31, 2015 in the annual , District of Nebraska,
,amount of$30,000.00 to be paid in quarterly
installments of$7,500.00 for Year 2011;and in County of Douglas,
the annual amount of$35,000.00 to be paid , Cityof Omaha,
in quarterly installments of$8,750.00 for Year ' -
2012;and in the annual amount of$40,000.00
to be paid in quarterly installments of • J. BOYD
$10,000.00 for Year 2013; and in the annual r
amount of$45,000.00 to be paid in quarterly being duly sworn,deposes and says that she is
installments off$11$11,250.00 for Year 2014;and
in the annual amount of $50,003.00 to be'
paid in quarterly installments of $12,500.00 LEGAL EDITOR
for Year 2015; and to provide the effective
date hereof. of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
SUMMARY: ,
AN ORDINANCE to approve a lease, published daily in the English language, having a bona fide paid
involving the payment of money from' circulation in Douglas County in excess of 300 copies, printed in
appropriations of more than one year in
accordance with Section 5.17 of the Home Omaha,in said County of Douglas,for more than fifty-two weeks last
Rule Charter of the City of Omaha, 1956, as past; that the printed notice hereto attached was published in THE
' amended, by and between the City of l
Omaha, a municipal corporation in Douglas f DAILY RECORD,of Omaha,on
County, Nebraska, and Project Harmony, for
the use of premises at 11949 'O' Street,' December 29 , 2010
Omaha, Nebraska by the Omaha Police
• Department as. office space for a term
commencing January 1, 2011 and extending,
through December 31, 2015 in the annual
amount of$30,000.03 to be paid in quarterly
installments of$7,500.00 for Year 2011;and in -
the annual amount of$35,000.00 to be paid That said Newspaper during that time was . arly published and
in quarterly installments of$8,750.00 for Year -
2012;and in the annual amount of$40,030.00 in Ia• ei\al cir`-etulation in the County of Dougl r -at6-6 Nebraska.
to be paid in quarterly•installments of "•• •t-Ab 'I•
$10,000.00 for Year 2013; and in the annual f QQ';'cp1ERA4 'j
amount of$45,000.00 to be paid in quarterly- ,� �t �•
installments of$11,250.00 for Year 2014; and' / r,, Subscribed in my pre-re• and swo A../.before
in the annual amount of $50,000.03 to be t
paid.in quarterly installments of $12,500.00 • .✓,wmrA $
r• Riit,�p"�u`�,�� RY
for Year 2015; and to r u lash NQTA 40..` 0 me this 2 9 t day of
provide the effective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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