CC RES 96-054 RESOLUTION APPROVING A LEASE BETWEEN THE CIFT OF ST. ANTHONY AND THE STE. MARIE COMPANY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ST. ANTHONY

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subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord and Tenant unless reduced to writing and signed by them. • O. Authority. Landlord and Tenant, if a corporation, warrants and represents to the other that its execution of this Lease is pursuant to a resolution of its Board of Directors or as otherwise duly authorized by all necessary corporate action. P. Copies. This Lease is executed in two (2) four 4 copies,any of which may be considered and used as an original copy. Q. Examination. The submission of this Lease for examination does not constitute a reservation of or option for the Premises and this Lease becomes effective only upon execution and delivery thereof by Landlord and Tenant. R. Estoppel. Tenant agrees that at any time and from time to time at reasonable intervals,within fifteen (15) days after written request by Landlord, Tenant will execute, acknowledge and deliver to Landlord, Landlord's mortgagee, or others designated by Landlord,a certificate in a form as may from time to time be provided, ratifying this Lease and certifying: (1) that Tenant has entered into occupancy of the Premises and the date of such entry if such is the case; (2) that this Lease is in full force and effect, and has not been assigned,modified,supplemented or amended in any way(or if there has been any assignment, modification, supplement or amendment,identifying the same);(3)that this Lease represents the entire agreement between Landlord and Tenant as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying the sante); (4) the Commencement Date and the Termination Date; (5) that all conditions under this Lease to be performed by Landlord have been satisfied (and if not, what conditions remain unperformed); (6) that to the knowledge of the signer of such writing no default exists in the performance or observance of any covenant or condition in this Lease and there are no defenses or offsets against the enforcement of this Lease by Landlord or specifying each default, defense or offset of which the • signer may have knowledge; (7) that no Rent or other charges have been paid in advance, and (8) the date to which Rent and all other charges have been paid under this Lease. In the event Tenant fails to execute such a writing within twenty (20) days of receipt of Landlord's request, Landlord may prepare its own certificate covering such matters and Tenant agrees that it shall not dispute or challenge any matter stated therein prepared in good faith by Landlord, and any mortgagee,purchaser or other person or entity may rely thereon. S. Advertising. Tenant may use as its advertised business address for the Premises the name of the Shopping Center. The right to use such name for such purpose for the Term of this Lease is hereby licensed by Landlord to Tenant. Landlord retains all property rights in such name and Tenant shall not acquire or have any rights in or to such name other than as are expressly granted by Landlord in this Article 29, Section S. Tenant agrees that the name of the Shopping Center shall not be used in any confusing, detrimental or misleading manner,and upon termination of this Lease,Tenant will cease to use the name of the Shopping Center. In no event shall Tenant use the Landlord's name for such purposes. T. Rules and Regulations. Tenant shall comply with Landlord's Rules and Regulations for the Shopping Center a copy of which is attached hereto as Exhibit G. Landlord reserves the right to amend said Rules and Regulations from time to time so long as such amendments are reasonable and uniformly applied and are not materially inconsistent with the provisions of this Lease. Landlord shall provide Tenant with a copy of said amended Rules and Regulations. Landlord shall use its good faith best efforts to consistently and uniformly apply and enforce said Rules and Regulations for and against all tenants in the Shopping Center. U. Apache Wells Lease. Tenant is presently leasing certain premises in the Shopping Center under a Lease dated June 2, 1989 between Tenant and Landlord's predecessor in interest, Apache Plaza, Ltd., as amended(the"Apache Wells Lease"). By the execution and delivery of this Lease,Landlord and Tenant agree that the Apache Wells Lease is amended to provide that the Term of the Lease (as specified in Article 4 • thereof), is amended such that the Term of the Apache Wells Lease shall terminate as of ug;u&* 1, !996 the Commencement Date, on which Commencement Date Landlord shall refund to Tenant the minimum guaranteed rent paid by Tenant under the Apache Wells Lease for the one hundred fifty (150) day period prior to the Commencement Date. In the event the Lease is terminated prior to the Commencement Date or if the Commencement Date never occurs for any reason,the Apache Wells Lease shall remain in full force and effect and shall be unmodified herebv. V. SAV Liquor Warehouse Lease. Tenant is presently leasing certain premises in the Shopping Center for use as a SAV Liquor Warehouse under a Lease dated July 9, 1986 between Tenant and Landlord's predecessor in interest, Apache Plaza, Ltd., as amended, (the "SAV Lease"). Landlord and Tenant acknowledge and agree that the Term of the SAV Lease expired on August 30, 1996, and that Tenant has occupied said premises on the same terms and conditions as contained in the SAV Lease,except that the same has been on a month-to-month basis. Landlord and Tenant hereby extend the Term of the SAV Lease to the date thirty (30) days after the Commencement Date of this Lease; provided however, if this Lease is terminated_prior to the Commencement Date, the SAV Lease shall continue on a month-to-month basis 326559.8 Redlined V8 to V7 9-27-96 27