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EXHIBIT 1
<br />Parties, Lessee may, at Its option, by notice In wrlHng within 10 days after the and of such 60 day period, cancel this Lease, in which event the Parties shall be
<br />discharged from all obligations here under, If such written notice Is not received by lessor within said 10day period, Lessee's rlght to cancel shall wrminale. if
<br />possessloo of the Premises is not delivered within 120 days afler the Commencement Date, this Lease shall terminate unless other agreements are tea shed between
<br />lessor and Lessee, In writing.
<br />3.4 Lessee Compliance. Lessor shall not be required to tender possession of the Premises to Lessee until lessee compiles with Its obligation to provide
<br />evidence of Insurance (Paragraph 8.5), Pending dellveryof such evidence, Lessee shalt be required to perform all of itsobilgations under this teaser from and afterthe
<br />Start Date, including the payment of Rent, notwithstanding Lessor's eletrlanto withhold possession pending receipt of such evtdence of Insurance. Furiher, if Lessee
<br />Is required to perform any other conditions prior to or concurrent with the Start Date, the Start Dateshall occur but Lessor may elect to withhold possession until such
<br />conditlonsare satisfied.
<br />4. Rent.
<br />4.1 Rem Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed to be rent ("Rent"),
<br />4.2 Paymant Lessee shah oust: paymentof Bent lobe received by Lessorin lawful moneyof the United States, without offset or deduction (except as
<br />specifically permitted In this lease), on or before the day on which it Is due. All monetary amounts shall be rounded lathe nearest whole dollar. In the event that any
<br />Invalce prepared by Lessor Isinacturate such inaccuracy shalf not constitute a waiver and Lossee shag be obligated to pay the amount set forth in this Lease, Rent for
<br />any period during the tram hereof which Is for loss than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of
<br />Rentshall bemade to Lessor at its address stated herein ortosuch other persons or placeas Lessor may from timoto time designate Inwiling. Acceptance of a
<br />paymentwhich Mess than the amount then due shall not be a walver of Lessor's rights to the balance of such Rant regardless of Lessor's endorsement of any check
<br />so stating. In the event that any check, draft, or other Instrument of payment given by Lessee to Lessor is dishonored for any reason, lessee agrees to pay to lessor
<br />the sum of $25 In addition to any late Charge and Lesso, at Its optlon, may require all future Rent be paid by tashler's check, Paymentswlll be applied first to accrued
<br />late charges i M attorney's fees, second to accrued Interest, then to Base Rent, Insurance and Real Property Taxes, and any remaining amount to any other
<br />outstanding charges oncosts.
<br />4.3 Assoclation Fees. Intentionally Omitted.•tn ea,nnu V equal ioau>po—ge,
<br />arauciatWn ar-coadwala[ura coat rev bad ac auassad•a6a ust•csw-suwataas—Sob• asoalaa shalt-"im"t at 4he taaaa ilmaaari ta lira catna+su aaneaac-3ha8asa go".
<br />S. Security Depmlt. Lessee shall deposit with lessor upon execution hereof the Security Depositas security for Lessee's faithful perfarmance of Its obllgatlons
<br />under this Lease. If Lessee falls topay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit tot the
<br />payment of any amount already due Lessor, for Rents which wind be due In the future, and/or to reimburse orcompensate Lessorfor any Ilabllity, expense, loss or
<br />damage which Lessor may suffer orincur by reason thereof. If Lessor uses or applies all or any portion of theSectirlty, Deposit, lessee shalt within 10 days after
<br />written request therefor deposit modes with lessor sufficient to restore said SecuiltyDe posit to the full amount requlred by this lease, ff Me ease Rent Increases
<br />during file term of thlslease, Lessee shall, upon written request from tcssor. deposit additional monies with lessor so that the total amount of the Security Deposit
<br />shall atoll times bear the same proportion to the Increased Base Rent as the Initial Security Deposit bore to the Initial Base Rent. Should the Agreed Use be amended
<br />to accom modate a material change In the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to Increase the Security Deposit
<br />to the extent necessary, In Letsor's reasonable judgment, to account for anyincfeased wear and tear that the Premises may suffer as a resuft thereof, if a change in
<br />control of Lessee occurs duringthls tease and following such change the financialcondliton oftessee It, In Lessor's reasonable judgment, slgnificanity reduced, Lessee
<br />shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonabhs level based on such change in
<br />financial condition. Lessor shag not be required to beep the Security Deposit separate from [is general accounts, Within 00 days after the expiration or termination of
<br />this Lease, lessor shall return that portion of the Security Deposit not used or appkd by Lessor- Lessor shall upon wthitun request provide Lessee with an accounting
<br />showing how that portion of the Security Deposit that was not returned was applied, No part of the SacurityDeposlt shall be toruldeted to be held in trust, to bear
<br />interest or to be prepayment for any monies to be paid by Lessee under thislease, THE SECURITY WPOSITSHALL HOt BE USlD BY LESSEE IN LIEU OF PAYMENT OF
<br />THE LAST MONTH'S RENT,
<br />6. Use,
<br />6.1 Use lessee shall use and occupy the Premises only for the Agreed use, or arty other legal use which Is reasonably comparable thereto, and for no other
<br />purpose. Lessee shall not use or permit the use of the Premises In a manner that Is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or
<br />causesdamage to neighboring premises or properties, Othaa-thaw-gultle,-algnalsndceokgrye>ZarlarwaatsaU-awtJwapar-aUaualaihAFewnkoaaa fpeu.aalassaic,-
<br />Wrda,ttsA,a:.cepUiac Lessor shall not unreasonably withhold or delay itsconsent to any written request for a modification of the Agreed the, so long as the same will
<br />not Impair the structural Integrity ofthe Improvements on the premises or the mechanical or electrical systems therein, andfor Is not slgnlfttamly more burdensome
<br />to the Premises. If Lessor elects to withhold consent, Lessor shall within 7 days after such request give written notification of same,whlch notice shall include an
<br />explanation of Lessor's objections to the change In the Agreed Use.
<br />6.2 Hazardous Substances,
<br />(a) Reportable Uses Require Consent. The term "Hwardous Substance" as used In this tease shall mean anyproduct, substance, or waste whose
<br />presence, use, manufacture, disposal, transportation, or release, either by itself or In combination with other materials expected to be on the Premises, Is either., (I)
<br />potentially injurious to the publichealth, safety or welfare, the environment or the Premises, (fs) rogulaled or monitored by any governmental authority, or (IR) a basis
<br />lot potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but
<br />not be limited to, hyd(ocarbons, petroleum, gasoline, and/or crude allot anypfoducts, by-products orfractiom thereof. Lessee shall not engage In any activity In or
<br />on the Premises which constitutes a Reportable Use of Hazardous Substances without the express pnarwritten consent oflessot and timely compliance (at Lessee's
<br />expense) with all Applicable Requirements, "Reportable Use" shall mean if) the Installation or useof any above or below ground storage tank, ill) the generation,
<br />possession, storage, use, transporlatlon, ordlsposalof a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration of
<br />businessplan Is required to be hied with, any governmental authoilty, and/or till) the presence at the Premisesof a Hazardous Substance with respect to which any
<br />Applicable Requirements requires that a notice be given to persons entering or occupvingthe Premises or neighboring properttes. Notwithstanding the foregoing,
<br />lessee may use arty ordinary and customary materials reasonably required to be used In the normal course ofthe Agreed Use, ardinoryofflcesupplies (copler toner,
<br />liquid p R, glue, etc.) and common ho usehold cleaning materials, so long as such use Isin compliance with all Applicable Requirements, is not a Reportable Use, and
<br />does not expbsethe Premisesor neighboring property to any meaningful risk of contamination ordamage or expose Lessor to any lability therefor, In addition,
<br />Lessotmay condition its consent toarry Reportable Use upon receiving suchaddltionalassurances as Lessor reasonably deems necessary toproteCt Itself, the publlc,
<br />the Premises andforthe environment against damage, contamination, injury and/or liability, Including, but not limited to, the installation (and removal on or before
<br />tease explraton or termination) of protective modifications (such as concrete encasements) and/or Increasing the Security Deposit.
<br />(b) bury to Inform lessor. It lessee knows, or has reasonable cause to believe tit t a HatardotuSubstancehascome to be located in, on, under er
<br />INITIALS lIl
<br />© 2019AIR CRE, All Rights Reserved, Last Edited: 2/25120219:53 AM
<br />STN-27,30, Revised 11-25.2019 Page 3of 16
<br />City Council 26 — 5 4/19/2022
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