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EXHIBIT 1
<br />Lessee's excluslve use, no matter where located), and Alterations In goad order, condition and repair (whether or not the portion of the Premises requiring repairs, or
<br />the means of repairing the, ame, are reasonably or readily accessible to Lessee, end whether ce not the need for such repairs occurs as a restrtt of Lessee's use, any
<br />prier use, the elements or theege of such portion of the Premises), Including, but not limited to,all equipment or facilides, such as plumbing, NVAC equipment,
<br />electrlcal,110ting faclildes,bolleis, pressufavessels, Are protection system, Rxlums,walls (intodorand exi0rior), foundations, tetlings, roofs, roof drainage systems,
<br />floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, feialning walls, signs, side"lksand parkways located In, on, or adjacent to
<br />the Premises. Lessee, In keepingthe Premises In good order, condition and repair, shalt exercise and perform good maintenance practices, specifically including the
<br />procurement and maintenance of the service contracts required by Paragraph 7.1(b) below, lessee's obligations shall Include restorations, replace menns or renewals
<br />when necessary to keep the Premises and all Improvements thereon or a part thereof In good order, condition and State of repair. Lessee shall, during the term of this
<br />wain, koep the exterior appeatanco of the Building In a first-class condition (Inc;u dine, e.g, graffiti removal) consistentwith the exterior appearkme of other similar
<br />facllitiasof comparable age and site In thevldnity, Including, when necessary, theexterlor repalnting or the Building,
<br />(b) Service Contracts. Lessee shall, at Laisee's sole expense, procure and maintain contracts,with copies to Lessor, In customary formand substance for.,
<br />and with contractors speclallring and experienced in the rnalotenance of the following equipment and Improvements, If any, Ifand when liutelled on the Premises: (1)
<br />14VACequipment, (R)boller, and pressure vessels, (III) fire extinguishing systems, including fire alarm and/or smoke detection, (hr)Iandscaping and Irrigation systems,
<br />(vl roof coveringand drains, and [A) clarifiers. However, lessor reserves the right, upon notice to Lessee, to procure and malntain any or ail of suchservlce contracts,
<br />and lessee shall reimburse Lessor, upon dernwd, for the cost thereof.
<br />(c) Failure to Perform. If lessee falls to perform LOssee'sobligations under this Paragraph 7.1, Lessor may enter upon thePremisesaher 10days' prior
<br />written notice to lessee (except In the case of an emer6oricy, In which case no notice shall be requlred), perform such obligations on lessee's behalf, and put the
<br />Premises in good order, condition and repair, and lessee shall promptly payia Lessor a sum equal to 115% of the cost thereof.
<br />(d) Replacement Subject to lessee's indemnification of lessor as set forth in Paragraph 8,7 below, and without relieving lessee of Itabllity resulting from
<br />Lessee'sfallure to exerclse and performgood malntenance practices, if an item described In Paragraph 7,1(b) cannot be repaired other than at acost which Is in excess
<br />of 50% of the cost of replacing such Item, then such Item shall be replaced by lessor, and the cost thereof shall be prorated between the Parties and Lessee shill only
<br />be obligated to pay,, each month during she remainder of the term of this Lease or any extension thereof, on the date on which Base Rent Is due, an amount equal to
<br />the product of multiplying the cost of such replacement bya (raction, the numerator ofwhich is one, and the deeominrtor of whkh is 144 (Le, 1/144thof the cost per
<br />month), Lessee shall pay Interest on theunamortited balance but may prepay Its obligation at any time.
<br />7.1 tinsor's Obilgations. Strbiecllo tillnresvlslortt�i PataRoahS22 ({ 13ttam up nn,m) 3(Bamign nrnstsn rrsnnl anA id�rnnAe�,n�r;�. t� Itis
<br />Intended by the Parties heretothat Lassor haven obllgatfon,In any manner whatsoever, to repair and mointaln the Premises, or the equipment therein, all of which
<br />obligations are intended to be that of the Lessee. It Is the intention ofthe Parties that the terms of this lease govern the respective obligations of the Parties as to
<br />ma Intenance and repair of the Premises.
<br />7.3 UNRty installations; Trade Fixtures; Alterations,
<br />(a) Definitions, The term -Utility installations" refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution,
<br />security and fire protection systems, communication cabllne, ilghtingfixtures, NV,ACequipment, plumbing, and fencing In or on the Premises, The term "Trade
<br />Fixtures' shall mean Lessee's machinery and equipment plat can be removed without doing material damage to the Premises. The term "Alterations' shall mean any
<br />modification of the Improvements, other than Utility Installations or Trade Pbnures, whether by addition or deletion. "Lessee Owned Alterations and/or Utility
<br />Installations" are defined as Altetatlen$and/or Utility Inslalatians made by lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a),
<br />(b) Consent. Lessee shall notmake any Alterations or Utility Installations to the Premises without Lessors prlorwritten consent. Lessee may, however,
<br />make non•stmcturalARerations or Utility Inslallatlonsto the interior of the Premises (excluding the roof) without suchconsentbut upon notice to Lessor, as long as
<br />they are not visible from theoulside, do not involve puncturing, raiocatingorremoving the toot or any existing walls, will nil effect the electrical, plumbing, NVAC,
<br />and/or life safety systems, do sxd trigger the requirement for add Ilional modifications and/or improvements to the Premises resulting from Applicable Requirements,
<br />such as compliance with Title 24, and the Cumulative cost thereof during this Lease as extended does not exceed a sum equal to•3 month's (lase Rent in the aggregate
<br />ora sum equal to one month's Base Rent in any one year. Notwlthstandlog the foregoing, Lessee shall not"Ve or permit any roof penetrations and/or Install
<br />anything on the roof without theprlor written approval of tessor, Lessor may, as a precondition togranting such approval, require Lesseo to Willa a contractor
<br />chosen and/or approved by Lessor, Any Alterations or Utility Installations that Lessee shall desire to malra and which require the consentof the lessor shall be
<br />presented to Lessor In writtenformvrRh detaged plans. Consent shall be deemed conditioned upon Lessee's: (1) acquirlog all applicable governmental permits, (II)
<br />furnishing Lessor with copies of both the permits and the plans andspedficatiom prior to commencement of the work, and (Ill) compliance with all conditions of said
<br />permits and other Applicable Requirements in a prompt and expedhious manner, AnyAlteratlons or Utility Installationsshill be performed in a workmanlike manner
<br />with good and sufficient materials. Lessee shall promptly, upon completion furnish Lessorwith as -built plans and specifications. for work which costs an amount in
<br />excess of one month's Base Rent, Lessor maycondltlon llsconsent upon Lessee providing a lien and completion bond in in amount equal to 150% of the estimated
<br />cost o(suthAlteration of Utility installation and/or upon lessee's posting an additional Security Oeposit with Lessor.
<br />fc)f Liens; Bonds, Lessee shall pay, when due, ail clalmsfor labor or materials furnished or alleged to have been furnished to or for lessee at or for use on
<br />the Premises, which claims are or may be secured by any mechanlc's or materialmen`s lien agalnst the Premises or any Interest therein. Lessee shall give Lessor nor
<br />less than 10 days notice prior to We commencement of any work In, on of about the Premises, and Lessor shall have the right to post noticesof non -responsibility, If
<br />Lessee shall contest the valldityof any such lien, claim or demand, then Lessee shall, at Its sole expense defend and protect Itself, Lessor and the Promises against the
<br />same and shall pay and sadsty any such adverse judgment that may be rendered thereon berate the enforcement thereof, If Lessor shall require, Lessee shall furalsh
<br />a surety bond In an amount equal to 150% of the amount of such contested lien, claim or demand, indemnifying Lessor agatAst liability for thesame, If Les for elects
<br />to participate In any such action, Lessee shall pay lassor's attorneys' fees and costs.
<br />7.4 Ownership; Removal; Surrender, and Restoration.
<br />(a) ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Udlltyinstallatlons made by
<br />Lessee shall he the property of lessen, but considered a part of the Premises. Lessor may„ at any time, elect Inwrltlng to be the owner of all or any specified part of
<br />the Lessee Owned Alterations and Utility installations, Unless otherwise Instructed per paragraph 7.4(b) hereof,all Lessee Owned Alterations and Utility ;nstallations
<br />shall. at the expiration or termination of thltLease, become the property of lessor and be surrendered by Lessee with the Premises,
<br />(b) Removal. By deltyety to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease,
<br />Lessor may require that any or all Lessee Owned Alterations or U611tylnstallations be removed by the expiratlon or termination of this Lease, Lessor may require the
<br />removal at any time of all or any part of any Lessee Owned Alterations or Utility installations made without the required consent.
<br />(cl Surrender; Restoration. Lessee shall surrender the Premise sby the Fxpkalfon Pate or any eaflleT termination date, with all of the Improvements,
<br />parts and surfaces thereof broom clean and free of debris,and In good operating ord er, condition and state of repair.ordlnary wear and tear excepted. "Ordinary
<br />wear and tear` shall not include any damage or deterioration that would have been prevented by good maintenance practlee. Notwithstanding the foregoing and the
<br />provisions of Paragraph 7.1(a), If the Lessee occupies the Premises for 12 months or less, then Lessee shall surrender the Premises In the same condition as delivered
<br />IV —
<br />INITIALS (S PS
<br />gl 2019 AIR CRC:, All Rights Reserved, Last Edited: 2/25/2021 9:51 AM
<br />STN-27.30, Revised 11-25.2019 Page 5 of 16
<br />City Council 26 — 7 4/19/2022
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