CR 11-011 Stages Theatre Company Lease Agreement for the Hopkins Center for the Arts•
•
-4m
02/15/2011 City of 11oPkU18 Council Report 2011-011
Stages Theatre Company Lease Agreement
For the Hopkins Center for the Arts
Proposed Action
Staff recommends adoption of the following motion: Move to approve the lease
agreement between Stages Theatre Company and the City of Hopkins for the leasinq of
the Hopkins Center for the Arts.
Overview
Stages Theater Company's mission states, "Stages Theatre Company is committed to
the enrichment and education of children and youth in a professional theatre
environment that stimulates artistic excellence and personal growth". The Hopkins
Center for the Arts is Stages primary facility to carry out this mission. In a letter dated
May 22, 2009, Stages formally requested that the negotiations begin for their next Arts
Center lease. Since this written notice a methodical process of lease negotiations and
exploration with Stages of operational changes or partnerships has been undertaken.
The goal of city staff in this process has been to present a final lease to the City Council
that serves to retain a strong major tenant while maintaining the ability to effectively
serve the community. The lease with Stages Theater Company is an important asset to
the Arts Center as it relates to the Center's mission of providing arts to the community
and from a financial perspective of securing an established successful major tenant.
Attached you will find a copy of the Hopkins Center for the Arts Stages Theater
Company lease for Council approval.
Primary Issues to Consider
Does this lease meet the needs of the Arts Center and Community?
Does the lease meet the needs of the Stages Theatre Company?
Are there any major changes in this lease that differ from the previous lease?
Supportinq Information
• City of Hopkins & Stages Theatre Company Lease Agreement for Hopkins
Center for the Arts
,r
Jay R. Strachota
Facilities Director
Financial Impact: $153,550 revenue year one of lease Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes: Lease contains a 3% annual multiplier on the lease rate for term of lease
Council Report 2011-011
Page 2
Does this lease meet the needs of the Arts Center and Community?
This lease provides the Arts Center with an established successful tenant who is a
proven partner with the city and community. The lease provides the flexibility needed to
further develop relationships with community groups, individuals, and business users, to
utilize the facility in a way that showcases the Arts Center as a community focal point,
while sustaining the financial integrity of the facility.
As a result of this lease, community members are able to conveniently take advantage
of Stages Theatre Company's performances and educational opportunities at the Arts
Center. Stages presents 6-8 performance runs per year as well as offering acting
conservatories, summer and winter theater workshops, and special events. The use of
the Art Center for these types of activities has grown over the past 13+ years and
continues to grow.
Does the lease meet the needs of the Stages Theater Company ?
The Stages Board of Directors approved this lease on January 31, 2011.
Are there any major changes in this lease that differ from the previous lease?
In structure, this new lease differs very little from the previous lease. The way in which
time & space is allocated, the services provided as a landlord, and the landlord/tenant
basic relationship language has been changed very little. If this type of language has
been changed it is primarily to more accurately reflect how operations are carried out
day-to-day after 13+ years of experience. The only substantive change to this type of
• language occurs in Section 8B. Previously, if Stages wished to merge with another
organization, the City had the right to withhold consent with "unqualified discretion". In
the new lease the City shall not unreasonably withhold consent from Stages so long as
the merging performing arts entity has a substantially similar mission and target
audience to Stages at the signing of this lease.
In regards to space & time rights, the following changes were negotiated and more
accurately reflect the recent history of usage by Stages in the spaces of the Hopkins
Center for the Arts:
• Stages rights in the Mainstage Theater have been increased from 36-40 weeks
with the option to purchase 2 additional weeks.
• Stages rights to the Multi -Use Performance Hall (JC Studio) have been
decreased from 16 — 14 weeks with the option to purchase two additional weeks.
• Additional Hours rights were added for the Art Classroom on the condition the
hours are only available after the Art Center's first commitment to the Hopkins
School District in this space.
• Additional Hours in the all support rooms were adjusted to accurately reflect
current history.
• Exhibit C, Sharing Income Lease Provisions was added to help protect the rights
of the Art Center's frequent and large volume users, and to record how sharing
of revenue has come to be in practice.
40
Council Report 2011-011
. Page 3
In regards to the lease payment amount, the lease payment in the new lease continues
to increase from where it ends in the previous lease. The new lease payment multiplier,
(the percentage by which the lease payment increases each year) is 3%, whereas it
was 4% in the previous lease. Stages lease payment has increased by 4% each year
for 15 years (end of first lease). So even though the multiplier will decreased a
percentage point the actual revenue produced as a result of the multiplier will be
significant due to the growth of the lease payment at 4% compounded over the years.
Decreasing the "multiplier" was a major negotiation point of Stages in that they could
not foresee that they could sustain themselves financially if the lease payment
continued to grow and compound at 4%.
Attorneys from both the City and the Stages have reviewed the lease document and
staff has followed their recommendations in arriving at the attached final lease
document.
•
•
�J
LEASE AGREEMENT
BETWEEN
CITY OF HOPKINS
AND
STAGES THEATRE COMPANY
•
DATED
February 15, 2011
•
•
TABLE OF CONTENTS
Section
Page No.
1.
DEFINITIONS
1
2.
PREMISES
2
A. EXCLUSIVE USE SPACES
2
B. EXCLUSIVE USE TIMES
2
(i) Preliminary Rehearsal Activities
2
(ii) Final Rehearsal Activities
3
(iii) Performance Activities
3
(iv) Conference Room Activities
4
(v) Fund Raising Activities
4
C. ADDITIONAL HOURS USAGE BY TENANT
5
D. ADDITIONAL HOURS IN ARTS CLASSROOM
5
E. ADDITIONAL WEEK IN THE THEATER BY TENANT
5
•
F. SHARED USE OF BUILDING
6
G. SCHEDULING AND CONFLICTS
6
H. RELEASE OF SPACES BY TENANT
7
1. ENTERPRISE EVENTS
8
J. FLEXIBLE USE BY TENANT
8
3.
TERM
8
4.
RENT
8
5.
CALCULATION OF RENT
8
6.
SERVICES AND UTILITIES
9
7.
USE OF PREMISES, PARKING
10
8.
ASSIGNMENT AND SUBLETTING
11
•
9.
SUBORDINATION
12
10.
SALE OF THE PROJECT/ESTOPPEL CERTIFICATES
13
11.
INSURANCE
13
12.
FIRE OR OTHER CASUALTY
14
13.
CONDEMNATION
15
14.
ALTERATIONS AND SIGNS
15
15.
WAIVER OF SUBROGATION
16
16.
WAIVER AND INDEMNITY
17
17.
REPAIRS AND MAINTENANCE
17
18.
ENTRY AND INSPECTION
18
19.
IMPROVEMENTS
18
20.
WAIVER
18
21.
COVENANTS OF LANDLORD
19
22.
NO REPRESENTATIONS BY LANDLORD
19
23.
DEFAULT
19
24.
SURRENDER
21
25.
HOLDING OVER
22
26.
LATE PAYMENT
22
27.
HAZARDOUS SUBSTANCES/ENVIRONMENTAL REGULATIONS
22
28.
NOTICES
23
29.
MISCELLANEOUS
24
30.
BROKERS
24
31.
TENANT'S NONPROFIT STATUS
24
•
32.
RENEWAL OPTION
24
33.
EXCLUSIVE USE
25
•
34. LANDLORD'S RULES AND REGULATIONS
25
35. TENANT'S TECHNICAL SUPPORT FOR OPERATION OF THEATER
25
36. COMPLIANCE WITH MINN. STAT. SEC. 16A.695
26
EXHIBITS
A Legal Description
29
B Spaces — Building Map
30
C Shared Income Lease Provisions
32
D Meet and Confer Criteria
33
E Section 2.03 of Grant Agreement
34
F Tenant's Theater Equipment
35
G Rules and Regulations
37
•
H Payment Schedule
40
I Project Equipment
45
•
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of
, 2011, by and between the CITY OF HOPKINS, a municipal
corporation under the laws of Minnesota ("Landlord") and STAGES THEATRE
COMPANY, a Minnesota nonprofit corporation ("Tenant") and effective November 1,
2012;
WITNESSETH THAT:
1. DEFINITIONS. When used in this Lease Agreement the following
words or phrases shall have the following meanings:
ACTIVITY YEAR. Shall mean that twelve (12) month period beginning on
August 1 of any year and ending on July 31 of the following year.
BUILDING. Shall mean and refer to the Hopkins Center for the Arts located at
1111 Mainstreet, Hopkins, Minnesota, and located on the real estate legally
described in Exhibit A hereto.
• LEASED PREMISES. Shall mean and refer to those portions of the Building
which are leased to Tenant pursuant to the provisions of Section 2 of this Lease.
MULTI -USE PERFORMANCE HALL. Shall mean and refer to the Multi -Use
Performance Hall as well as its Control Booth, Dressing Rooms (East End), Sound
Locks and chair storage, all as identified in Exhibit B to this Lease.
PROJECT. Shall mean and refer to the Building, Real Estate and all
improvements situated thereon.
REAL ESTATE. Shall mean that certain parcel of Real Estate legally described.
in Exhibit A hereto.
SCHEDULE OF AVAILABLE USAGE DATES. Shall mean and refer to the
Schedule of Available Usage Dates identified in Paragraph F. of Section 2 of this
Lease.
THEATER. Shall mean and refer to the House, the Stage, the Upper House, the
Control Booth, the Green Room, the Dressing Rooms and the Sound Locks, all as
identified in Exhibit B to this Lease.
• THIS LEASE. Shall mean and refer to this Lease Agreement and all Exhibits
attached hereto.
- 1 -
2. PREMISES. Subject to the terms and conditions of this Lease, Landlord
leases to Tenant, and Tenant hires and takes of and from Landlord those rooms or spaces
within the Building ("Spaces") identified in Exhibit B to this Lease, but only as
specified in this Section 2, together with the right to use, in common with the Other Users
(hereinafter defined) and Landlord both the common areas of the Building and Project
and all rights and easements appurtenant to the Building and Project, including the lobby,
restrooms, kitchen, hallways and parking areas.
A. EXCLUSIVE USE SPACES. Tenant shall have the exclusive use and
possession, subject to the provisions of this Lease, of the following Spaces, and Tenant
shall have access thereto twenty-four (24) hours a day, every day during the term of this
Lease:
Stages Offices
Box Office
Scene Shop
B. EXCLUSIVE USE TIMES. Tenant shall also be entitled to the exclusive
use and possession, subject to the provisions of this Lease, of the Spaces described herein
under the conditions and circumstances and at the times stated below. The Tenant's
exclusive use of said Spaces at such times is comprised largely, but not wholly, of six (6)
Activities: Preliminary Rehearsal Activities, Final Rehearsal Activities, Performance
0 Activities, Education Activities, Conference Room Activities and Fund Raising Activities.
(i) Preliminary Rehearsal Activities. Landlord shall provide Tenant with Space for
Preliminary Rehearsal Activities and Educational Activities every Monday through Friday
of each week, from 6:00 p.m. to 10:00 p.m. Landlord agrees that Space for Preliminary
Rehearsal Activities must be clear of any tables, chairs, scenery and any other equipment.
Landlord and Tenant acknowledge and agree that Landlord may provide any
one of the following Spaces for Preliminary Rehearsal Activities during a
time period as stipulated herein:
Community Room — Room 207
Dance Studio — Room 218
Theater — Room 117
Multi -Use Performance Hall — Room 102
Landlord and Tenant agree that the Community Room will be considered Tenant's
primary rehearsal Space, followed in descending order of priority by the Dance Studio,
the Theater, and lastly the Multi -Use Performance Hall. Landlord shall provide Tenant
with the same Space on a given day for Activities in the 4:00 p.m. to 6:00 p.m. period as
in the 6:00 p.m. to 10:00 p.m. period if scheduling considerations permit; similarly,
• Landlord shall provide Tenant with the highest priority Space for Preliminary Rehearsal
Activities as scheduling considerations permit.
-2-
Tenant shall submit to Landlord by November 15 of each year a schedule (hereinafter all
schedules delivered by Tenant pursuant to this Paragraph B. shall be referred to as an
"Activity Schedule") of Tenant's Preliminary Rehearsal Activities for the upcoming
Activity Year. The Activity Schedule will identify dates and times of all of Tenant's
Preliminary Rehearsal Activities.
(ii) Final Rehearsal Activities. Final Rehearsal Activities include set construction,
painting, hanging/focusing lights, and rehearsals. Landlord shall provide Tenant with
Space for Final Rehearsal Activities every day from 7:00 a.m. to 10:00 p.m. for the
eighteen (18) days preceding the first or opening performance of each of the Performance
Activities described below. Landlord shall provide the same Space to Tenant for the entire
14 -day period for a given performance. Landlord and Tenant agree that the Space
provided for Final Rehearsal Activities will be the same Space in which the performance
is to take place, that is, either the Theater or the Multi -Use Performance Hall, as stipulated
below.
Tenant shall submit to Landlord by November 15 of each year an Activity Schedule of
Tenant's Final Rehearsal Activities for the upcoming Activity Year. The Activity
Schedule will identify dates and times of all of Tenant's Final Rehearsal Activities.
(iii) Performance Activities.
0 In the Theater
Landlord shall provide Tenant with the Theater for forty (40) weeks of each Activity Year
as selected by Tenant as hereinafter provided. Tenant and Landlord acknowledge and
agree that the time scheduled in the Theater for Tenant's Final Rehearsal Activities shall
be counted toward the 40 weeks to be provided for Performance Activities in the Theater.
Anything in this Lease to the contrary also notwithstanding, however, Tenant shall make
the Theater available, to the Landlord, to mid -stage, on the second (2" d) Thursday of July
of each Activity Year if in fact the use of the Theater is needed on that day by the
Landlord for the "Raspberry Festival."
Tenant shall submit to Landlord by November 15 of each year an Activity Schedule of
Tenant's Performance Activities in the Theater for the upcoming Activity Year. The
Activity Schedule will identify dates and times of all of Tenant's Performance Activities
in the Theater.
Landlord and Tenant acknowledge that some of Tenant's performances may be popular
enough to justify an extended run. Landlord wishes to provide and Tenant wishes to
obtain the flexibility within the schedule for the Theater for Tenant to extend the run of
popular performances for up to two (2) weeks longer than the time periods described
above. Subject to scheduling considerations, including prior commitments to Other Users,
Is
Landlord agrees to provide the Theater to the Tenant for extended runs. Tenant agrees to
pay additional rent to Landlord on a per -use basis for extended run Performance Activities
at a rate no greater than the base rate charged to Occasional Users for their use of the
Theater.
-3-
0 In the Multi -Use Performance Hall
Landlord shall provide Tenant with the Multi -Use Performance Hall for fourteen (14)
weeks of each Activity Year as selected by Tenant as hereinafter provided. Tenant and
Landlord acknowledge and agree that the time scheduled in the Multi -Use Performance Hall for
Tenant's Final Rehearsal Activities shall be counted toward the 14 weeks to be provided for
Performance Activities in the Multi -Use Performance Hall.
Anything in this Lease to the contrary also notwithstanding, however, Tenant shall not be
entitled to use the Multi -Use Performance Hall on the Friday through Sunday of the
second (2nd) and third (3`d) weekend of July of each Activity Year if in fact the use of the
Multi -Use Performance Hall is needed on those days by Landlord for the "Raspberry
Festival."
Tenant agrees to submit to Landlord by November 15 of each year an Activity Schedule
of Tenant's Performance Activities in the Multi -Use Performance Hall for the upcoming
Activity Year. The Activity Schedule will identify dates and times of all of Tenant's
Performance Activities in the Multi -Use Performance Hall.
Landlord and Tenant acknowledge that some of Tenant's performances may be popular
enough to justify an extended run. Landlord wishes to provide and Tenant wishes to
obtain the flexibility within the schedule for the Multi -Use Performance Hall for Tenant to
extend the run of popular performances for up to two (2) weeks longer than the time
periods described above. Subject to scheduling considerations, including prior
commitments to Other Users, Landlord agrees to provide the Multi -Use Performance Hall
to the Tenant for extended runs. Tenant agrees to pay additional rent to Landlord on a per-
use basis for extended run Performance Activities at a rate no greater than the base rate
charged to Occasional Users for their use of the Multi -Use Performance Hall.
(iv) Conference Room Activities. Tenant shall be entitled to use the Conference Room
for monthly board meetings, staff meetings, production meetings, conferences and
presentations. Tenant shall be entitled to the use of the Conference Room each Activity
Year for a total of fifty-two (52) weekly staff meetings to be held during the day between
9:00 a.m. and 5:00 p.m.
Tenant shall submit to Landlord by November 15 of each year an Activity Schedule of
Tenant's Conference Room Activities for the upcoming Activity Year. The Activity
Schedule will identify dates and times of all of Tenant's Conference Room Activities
which shall take place within the time periods specified above.
• (v) Fund Raising Activities. Tenant shall also be entitled to the use of the Theater, the
Multi -Use Performance Hall or so long as such use does not conflict with the Landlord's
or District 270's use thereof, the Visual Art Gallery for two (2) fund raising events per
Activity Year. It is acknowledged by Landlord that these fund-raising events will not
include fundraising for the Hopkins Center for the Arts, but instead will be for the
Tenant's annual fund. Tenant shall submit to Landlord no later than November 15 of each
year an Activity Schedule for Tenant's Fund Raising Activities for the upcoming Activity
Year. The Activity Schedule will identify dates, times and the location of all of Tenant's
Fund Raising Activities.
C. ADDITIONAL HOURS USAGE BY TENANT. In addition to Tenant's use and
possession of certain Spaces as stated in Paragraphs A. and B. of this Section 2, Tenant
shall be entitled to the exclusive use and possession of the following Spaces for the
number of "Additional Hours" stated below per Activity Year. The dates and times on
which Tenant shall be entitled to such "Additional Hours" usage of the Spaces identified
in this Paragraph C. shall be determined by the procedures set forth in Paragraph E. of
this Section 2. For the purposes hereof, it is agreed that the "all day" use of a Space shall
be deemed to be sixteen (16) hours.
Space As Designated on Exhibit C Additional Hours per Activity
Year
Multi -Use Performance Hall 40 hours
Community Room 800 hours
Dance Studio 500 hours
• Art Classroom 400 hours
Conference Room 400 hours
D. ADDITIONAL HOURS IN ART CLASSROOM. The Landlord and
Tenant acknowledge that the Landlord has entered into a lease with Independent School
District 270 ("District 270") which grants District 270 Exclusive Use of the Arts
Classroom. Any Additional Hours that are able to be scheduled by the Tenant or
Landlord will be after District 270 has scheduled their activities and released the space
for usage by the Landlord, Tenant, and other users.
E. ADDITIONAL USE WEEKS IN THE THEATER AND STUDIO BY
TENANT. In addition to Tenant's use and possession of certain Spaces as stated in
Paragraphs A., B., and C. of this Section 2, Tenant shall have the opportunity to purchase
up to an additional two (2) "Additional Use Weeks" in the Theater and/or Studio if the
requests by the other parties to the Meet and Confer process have been satisfied. The fee
for the purchased of Additional Use Weeks will be a fee equal to two (2) times the
Occasional User rental fee for a day in the respective space times the number of
Additional Use Weeks in the space.
Tenant shall submit to Landlord by November 15 of each year an Activity
Schedule of Tenant's Performance Activities in the Theater and Studio for the
upcoming Activity Year. The Activity Schedule of Tenant's Performance
Activities will identify any Additional Use Weeks, if requested. Additional Use
-5-
Weeks will stand second in priority to the Additional Hours in the District 270
(see paragraph F below) lease with the Landlord.
F. SHARED USE OF BUILDING. Landlord and Tenant acknowledge that
Landlord has entered into a lease with District 270 pursuant to which District 270 shall
be entitled to use Spaces in the Building other than Tenant's Exclusive Use Spaces.
Landlord shall also reserve the use and possession of Spaces in the Building for use by
Landlord or other users ("Occasional Users") to whom Landlord intends to lease the use
of the Spaces on dates and at times reserved to Landlord. District 270, Landlord, and the
Occasional Users are sometimes hereinafter collectively referred to as the "Other
Users". Tenant acknowledges that except as expressly stated in Paragraphs A., B., C.,
and D of this Section 2, Tenant shall not be entitled to the use and possession of the
Spaces reserved to Landlord or leased to the Other Users.
G. SCHEDULING AND CONFLICTS. Scheduling of Additional Hours on
available usage dates (which refer to those dates that have not been requested as exclusive
use spaces by any of the tenants) for spaces within the Hopkins Center for the Arts will be
accomplished through a Meet and Confer process involving the major tenants (Stages
Theatre Company, District 270) and Landlord. The Tenant agrees to participate in this
process beginning in December of each year as described below for the upcoming
Activity Year.
The Tenant agrees to submit to the Landlord by November 15 of each year a preliminary
schedule of Tenant's activities in the Building for the upcoming Activity Year. The
Landlord shall prepare a compilation of all tenant and Landlord activity requests onto one
"Activity Year Meet and Confer Calendar" for each space (Theater, Community Room,
Multi -Use Performance Hall, Dance Studio, Art Classroom, Gallery, Conference Room),
noting conflicts or overlapping requests.
The Meet and Confer process will then begin with a meeting of a representative(s) from
each tenant group as well as Landlord representative(s), in a joint meeting. The Activity
Year Meet and Confer Calendars will be reviewed and conflicts or overlapping requests
for space will be resolved at the Meet and Confer meeting. It may take more than one
meeting to completely resolve the Activity Year schedule for all the participants. The
Meet and Confer meeting(s) will take place during the month of December. A final
Activity Year schedule (each is a "Final Activity Year Schedule"), which will consist of
the final Activity Year Meet and Confer Calendars, will be distributed to the tenants no
later than January 31 for the upcoming Activity Year. Once the Final Activity Year
Schedule is distributed to tenants and the Landlord, the balance of unscheduled space in
the Building will be available on a first come, first served basis, up to each tenant's limit
of Additional Hours within each space.
The annual Meet and Confer meeting may also involve scheduling by mutual agreement
any events for Activity Years farther in the future than then current Activity Year. The
agenda of each Meet and Confer meeting may include specification by each tenant of such
• tenant's activities during such tenant's respective Exclusive Use Times and Additional
Hours, as well as discussion of logistical issues related to shared use of the Building,
including parking, kitchen use, foot traffic in lobby and halls, noise, etc.
M
At the Meet and Confer meeting, Landlord, Tenant, and the other tenants (excluding
occasional users) shall confer and attempt to resolve all conflicts regarding the allocation
of Available Usage Dates. In doing so, the criteria listed in Exhibit D ("Meet and Confer
Criteria") to this Lease shall be applied in resolving conflicts between tenants as to the
allocation of Available Usage Dates. Any conflicts regarding the allocation of Available
Usage Dates which are not resolved at the Meet and Confer meeting shall be finally
determined by Landlord applying the criteria listed in Exhibit D, and Landlord's
determination shall be final and binding on the Tenant and all other tenants in the
Building.
Tenant agrees that at any time the Landlord may request Tenant in writing to release
Spaces from Exclusive Use Times or Additional Use Hours reserved pursuant to this
Lease. Tenant shall consider each such request; provided, however, under no
circumstances shall Tenant be obligated to release any spaces from Exclusive Use Times
or Additional Use Hours reserved pursuant to this Lease.
H. RELEASE OF SPACES BY TENANT. Landlord and Tenant agree that after
Landlord delivers the Final Schedule under Paragraph E. above of this Section 2, upon
request of Landlord, Tenant may elect (but shall not be obligated) to release to Landlord
any Space for any date or time Tenant is entitled to use such Space under Paragraphs B.,
• C., D, and E. of this Section 2. In that regard, Tenant agrees to collaborate with Landlord
and Other Users to use the Building to the fullest extent possible.
a. Landlord and Tenant agree that unless the theater is leased by Landlord to
District 270, used for the Landlord's own programming, leased front of
curtain to other users on a Tenant non-performance date, or leased by an other
user identified in Exhibit C, Sharing Income Lease Provisions, as a non-
income sharing user, the Landlord shall compensate Tenant for release of the
theater by sharing fifty percent (50 %) of the rent for the theater or other cash
consideration received by Landlord as a result of the release of the theater by
Tenant. Landlord shall pay Tenant in the month following receipt by
Landlord of the rent or other consideration as a result of the release of Space
by Tenant.
b. The Tenant may, at the Tenant's own discretion, return up to two (2) weeks of
Exclusive Use time in the Theater for credit toward the Tenant's rent for that
Activity Year. The return must be identified at the Meet and Confer for the
upcoming Activity Year. Credit will be given at a rate of two (2) times the
Occasional User rental fee for a day, times the number of returned weeks.
Credit will be given in the form of a refund payment to Tenant in July of the
• Activity Year the return took place. This return of space for credit applies
only to the up to two (2) weeks in the Theater identified here and no other
return of space for credit, in the Theater or other Art Center space, is implied
by this section b.
-7-
I. ENTERPRISE EVENTS. In addition to Tenant's use of the Spaces pursuant
to the foregoing provisions of this Section 2, Tenant reserves the right to schedule
additional events that serve to achieve Tenant's mission in any of the Spaces in the
Building identified in Exhibit C, including fund raising events in the Theater, the
Multi -Use Performance Hall or so long as such use does not conflict with the
Landlord's or District 270's use thereof, the Visual Art Gallery in excess of the two (2)
such events Tenant is entitled to schedule per Activity Year under Paragraph B. above
of this Section 2; provided, however, Tenant may schedule such additional events only
after the Final Schedule has been prepared and delivered by Landlord under Paragraph
E. above of this Section 2 and only in the Spaces and at such times as remain available
for use under said Final Schedule and do not conflict with prior commitments to Other
Users. For all such additional events, Tenant agrees to pay additional rent to Landlord
on a per -use basis at a rate no greater than the base rate charged to Occasional Users for
their use of the subject Space.
J. FLEXIBLE USE BY TENANT. In addition to Tenant's use of the Spaces
pursuant to the foregoing provisions of this Section 2, Tenant shall be entitled to use, at no
additional Rent to Tenant, any of the Spaces identified in Paragraph B. of this Section 2,
including the Theater on a temporary, as needed basis if such Space is then, in fact, not
being used by Landlord or any Other User. Tenant shall give Landlord no more than one
week's notice prior to such use.
3. TERM The Term of this Lease shall commence on November 1, 2012, (the
"Commencement Date") The term of this Lease shall terminate on the date (the
"Termination Date"), which is the last day of the calendar month which is one hundred
twenty-two (122) full calendar months, December 31, 2022, following the
Commencement Date, unless this Lease shall be earlier terminated or unless this Lease
shall be renewed both as hereinafter provided.
4. RENT. Tenant agrees to pay Landlord, at 1111 Mainstreet, Hopkins,
Minnesota 55343, Facilities Office #206, or such other place as Landlord may from time
to time designate in writing, annual gross rent ("Rent") calculated in accordance with the
provisions of Section 5 below, payable in advance in equal monthly installments on the
first day of each and every month commencing on the Commencement Date, without
demand therefore or deduction, set off or counterclaim, until such Rent is adjusted as
provided in Section 5 below.
5. CALCULATION OF RENT. The Rent payable by Tenant under Section 4 of
this Lease shall be calculated as follows:
a. During the period commencing on the Commencement Date and ending on
• December 31, 2012, Tenant shall pay Landlord Rent at a monthly rate of
Twelve Thousand Four Hundred Eighty -Eight and 05/100ths Dollars
($12,488.05) payable in advance of each month (November and December).
•
b. During the period commencing on January 1, 2013 and ending on
December 31, 2013 ("Year One of Lease"), Tenant shall pay Landlord Rent
at an annual rate of One Hundred Fifty Three Thousand Five Hundred Fifty
and 00/100ths Dollars ($153,550.00) payable in advance in equal monthly
installments of Twelve Thousand Seven Hundred Ninety -Five and 00/100ths
Dollars ($12,795.84).
C. During the period commencing on January 1, 2014 and ending on
December 31, 2014 ("Year Two of Lease"), Tenant shall pay Landlord Rent
(payable in advance in equal monthly installments) equal to the Year One of
Lease Rent multiplied by a factor of One and 03/100ths (1.03).
d. For each calendar year thereafter during the term of this Lease, including
during any renewal term under Section 32 below, Tenant shall pay Landlord
Rent (payable in advance in equal monthly installments) equal to the Rent
payable by Tenant to Landlord for the previous calendar year multiplied by a
factor of One and 03/100ths (1.03).
The specific amounts of annual and monthly rent for each year, including
the optional renewal term are identified in the Rent Payment Schedule,
Exhibit H to this lease, which Exhibit shall control in the event of conflict
between Exhibit H and this Section.
6. SERVICES AND UTILITIES._Subject to Tenant's obligation to pay Rent
pursuant to Sections 4 and 5 of this Lease, Landlord shall provide the following services
and utilities:
a. Furnish water, sewer, electricity and refuse removal and heat and air
conditioning to provide a temperature and humidity condition required in
Landlord's reasonable judgment for comfortable occupancy of the Building
and the Leased Premises under normal business operations daily from 7:00
a. in. to 11:00 p.m., excepting only those legal holidays of the City of
Hopkins when Tenant has not scheduled the use of the Leased Premises in
accordance with the provisions of Section 2 above. Notwithstanding the
foregoing, at its sole cost and expense, Tenant shall install, maintain and pay
the refuse removal cost for, a dumpster to be located outside of the Building
near the Scene Shop. Said dumpster shall be for the exclusive use of Tenant
and Landlord agrees that the Rules and Regulations for the Hopkins
Performing Arts Center under Section 35 below shall so provide.
b. Provide daily janitor and cleaning service seven (7) days a week, excepting
only those legal holidays of the City of Hopkins when Tenant has not
scheduled use of the Leased Premises in accordance with the provisions of
is Section 2 above, which service shall not unreasonably interfere with
Tenant's use of the Leased Premises.
. C. Make all normal repairs to the Building and the Leased Premises, including
the Exclusive Use Spaces and the Initial Leasehold Improvements (as
hereinafter defined) but excluding repairs to any special treatments of walls,
floors or ceilings made by or at the request of Tenant and excluding repairs
to Tenant's Theater Equipment (as hereinafter defined) and any trade
fixtures installed or made by or at the request of Tenant.
d. It is acknowledged and agreed that Tenant shall contract, and be billed
separately for its own telephone equipment and service to include Tenant's
Exclusive Use Spaces and the Control Booths for the Theater and the Multi -
Use Performance Hall.
Landlord shall not be liable for, and there shall be no abatement of rent by reason of,
failure to furnish, or for delay or suspension in furnishing, any services to be provided by
Landlord, caused by adverse weather conditions, breakdown, maintenance, repairs,
strikes, scarcity of labor or materials, or other causes beyond Landlord's control; provided,
however, in the event such services are disrupted for a period of ninety-six (96)
consecutive hours and such disruption is caused by the negligence or willful misconduct
of Landlord, Rent under this Lease shall abate until such services are restored. Tenant
shall conserve heat, air conditioning, water and electricity and shall use reasonable care in
the use of the Building and the Leased Premises and of the public areas in the Project. All
costs incurred by Landlord in providing the services and utilities to be provided pursuant
• to this Section 6 shall be included in the Operating Expenses specified and defined in
Section 5 of this Lease.
7. USE OF PREMISES, PARKING. Tenant agrees that it will use and occupy
the Leased Premises solely for performing arts production, educational purposes and
related and incidental uses. Tenant acknowledges and agrees that its use of the Project
shall include charitable and/or educational uses and purposes. Tenant shall be solely
responsible for selecting the performances to be produced from the Leased Premises.
Tenant will not use or occupy the Leased Premises for any unlawful purpose and hereby
assumes responsibility for compliance with all present and future laws, ordinances,
regulations and orders of federal, state or local governmental units or agencies pertaining
to Tenant's use of the Leased Premises or the operation of Tenant's business thereon.
Tenant shall not cause or permit any unusual noise, odors or nuisance that is not
consistent with Tenant's permitted use of the Leased Premises in or about the Leased
Premises and the Building and grounds nor shall Tenant permit any debris or property of
Tenant, its officers, employees or agents to be placed or left upon any part of the Project
other than the Leased Premises; and Tenant, its officers and employees shall observe all
reasonable rules and regulations adopted by Landlord and applicable to Tenant and the
Other Users of the Project on a uniform, nondiscriminatory basis for the general safety,
comfort and convenience of Landlord, Tenant and Other Users of the Project.
• Landlord reserves the right to regulate the use of any parking areas and driveways
located on the Project and the Real Estate, including the location and designation of
parking for tenants and tenants' employees and invitees, and the designation of loading
and unloading areas. Notwithstanding the prior sentence, Tenant shall be entitled to use
-10-
• the shared reserved parking spaces located in the alley way behind the facility on a first
come, first served, basis with the Landlord employees.
Landlord disclaims any warranty that the Leased Premises are suitable for Tenant's
use and Tenant acknowledges that it has had full opportunity to make its own
determination in this regard.
Tenant warrants that the operation of its business will not be harmful to the
Building or the mechanical equipment within the Building and Tenant shall be liable in
the event of damage arising from such harmful operation. In the event Landlord's
insurance premiums are increased above the standard building rate as a result of Tenant's
use of the Leased Premises, Tenant will pay to Landlord as additional rent the amount of
such increase.
In the event Tenant shall cause or permit any unusual noise, odor or nuisance or the
storage of any debris or property of Tenant, its officers, employees or agents, in or about
those parts of the Project other than the Leased Premises, Building or Project in violation
of the terms of this Section 7, Landlord shall, upon seven (7) days written notice to
Tenant, be entitled to take any steps it deems reasonably necessary to correct or remove
such violation and Tenant shall pay Landlord, as additional rent hereunder, all reasonable
costs and expenses incurred in such correction or removal.
• 8. ASSIGNMENT AND SUBLETTING.
A. Assignment- General Prohibition. Tenant will not assign, transfer, mortgage
or encumber its interest in this Lease , or any part thereof by any third party, other than
employees, customers, patrons, guests and invitees of Tenant; nor shall any assignment or
transfer of this Lease be effectuated by operation of law or otherwise, without in each
such case obtaining the prior written consent of Landlord, which consent may be withheld
in Landlord's unqualified discretion. Tenant shall seek such consent of Landlord by a
written request, setting forth such information as Landlord may deem necessary and
reimburse Landlord as additional rent hereunder for any reasonable costs Landlord may
incur, including Landlord's reasonable attorney's fees, in reviewing and responding to
Tenant's request. The consent by Landlord to any assignment or subletting shall not be
construed as a waiver or release of Tenant from the terms of any covenant or obligation
under this Lease, nor shall the collection or acceptance of rent from any transferee under
an assignment constitute an acceptance of the assignment or a waiver or release of Tenant
from any covenant or obligation contained in this Lease, nor shall any assignment be
construed to relieve Tenant from the requirement of obtaining the consent in writing of
Landlord to any further assignment or subletting. No assignment or sublease or other
transfer of this Lease shall be effective unless the assignee, sub -lessee or transferee shall
at the time of such assignment, sublease or transfer, assume in writing, all of the terms,
covenants and conditions of this Lease to be performed by Tenant.
• B. Assignment- Exception for Merger. Should the Tenant desire to merge with
another entity by either:
-11-
a. Any transaction in which more than fifty percent (50 %) of the legal or
beneficial ownership or control of Tenant is transferred, if Tenant is a
corporation, limited liability company, trust or partnership, or
b. The sale or transfer of all or substantially all of the business and assets
of Tenant.
Then Landlord's consent, as required above, shall not be unreasonably withheld, so
long as:
a. Tenant is transferring its control or interest to a performing arts entity
substantially similar to Tenant in mission and target audience at the
signing of this lease,
b. The exemption of the Project from real estate taxes is not impaired by
virtue of such transfer of control or sale.
C. The transfer of control or sale complies with Minnesota Statutes
Section 16A.695, or would not impair Landlord's ability to comply
with same.
C. Subletting. Tenant will not sublet, rent or permit occupancy or use of the
Leased Premises without the prior written consent of Landlord, which consent shall not be
• unreasonably withheld if the proposed subletting of the use of all or any portion of the
Spaces to which Tenant is entitled pursuant to the provisions of Section 2 of this Lease so
long as (i) the exemption of the Project from real estate taxes is not impaired by virtue of
such subletting and (ii) all rent payable by the subtenant shall be divided by Landlord and
Tenant as follows: Tenant shall retain one-half (1/2) of all such rent and shall pay one-half
(1/2) of all such rent to Landlord. Tenant shall seek Landlord's consent in the same
manner as in Section 8(A), above.
9. SUBORDINATION. Without the necessity of any additional document being
executed by Tenant for the purpose of effecting a subordination, this Lease shall be
subject and subordinate at all times to the lien of any mortgage which may now or
hereafter encumber the Project or Landlord's interest or estate therein; provided, however,
that if the Landlord, any mortgagee or holder of any mortgage elects to have Tenant's
interest in this Lease be superior to any such mortgage, then by notice to Tenant, this
Lease shall be deemed superior, whether this Lease was executed before or after said
mortgage. Notwithstanding the foregoing, Tenant covenants and agrees to execute and
deliver within ten (10) days of written request therefore any certificate or Subordination
Agreement evidencing such subordination or superiority of this Lease as may be
reasonable requested by Landlord or any mortgagee, provided, however, that any
subordination by Tenant (under this Section 9 or pursuant to a separate agreement) shall
only be effective if Tenant has first received a nondisturbance agreement from the
mortgagee, by which the mortgagee shall agree not to disturb Tenant's possession
• (provided Tenant is not in default under this Lease) and shall agree to honor the terms of
this Lease. Tenant further agrees that in the event that any proceedings are brought for the
foreclosure of any mortgage, Tenant shall attorn to the purchaser at the foreclosure sale
-12-
and recognize such purchaser as the Landlord under this Lease, if requested to do so by
such purchaser, provided that said purchaser agrees that Tenant's possession of the Leased
Premises shall not be disturbed so long as Tenant shall continue to perform all of the
covenants and conditions of this Lease, in which case Tenant's obligations to perform
such covenants and conditions shall not be in any way diminished thereby. Tenant further
waives the provisions of any statute or rule of law, now or hereafter in effect, which may
give or purport to give Tenant any right to terminate or otherwise adversely affect this
Lease and the obligations of Tenant hereunder in the event that any such foreclosure
proceeding is prosecuted or completed.
10. SALE OF THE PROJECUESTOPPEL CERTIFICATES. In the event
of a sale of the Project, Landlord shall be relieved of all liability under this Lease accruing
from and after the date of sale provided Landlord has obtained the written agreement of its
transferee or assignee to assume and carry out all of the covenants and obligations of the
Landlord hereunder.
Tenant agrees at any time and from time to time, but no more than two (2) times per
calendar year, upon not less than ten (10) days' prior written notice by Landlord, to
execute, acknowledge and deliver to Landlord or a party designated by Landlord a
statement in writing
• (i) certifying that this Lease is unmodified and in full force and effect, or if there
have been modifications, that this Lease is in full force and effect as modified and stating
the modifications,
(ii) stating the dates to which the Rent and other charges hereunder have been paid by
Tenant,
(iii) stating, to the best of Tenant's knowledge, whether or not Landlord is in default in
the performance of any covenant, agreement or condition contained in this Lease, and, if
so, specifying each such default, (iv) agreeing that Tenant shall not prepay any rent more
than thirty (30) days in advance, and (v) such other matters relating to this Lease as may
reasonably be requested. Any such statement delivered pursuant hereto may be relied
upon by any owner of the Project, any prospective purchaser of the Project, any
mortgagee or prospective mortgagee of the Project or of Landlord's interest, or any
prospective assignee of any such mortgagee.
11. INSURANCE. Tenant agrees that it shall purchase in advance and carry the
following insurance at is own expense: a) "All Risk" fire and extended coverage
insurance insuring Tenant's personal property, furniture, trade fixtures, inventory and
business records against loss from all insurable events for the full replacement value
thereof, b) insurance against interruption of Tenant's business activities; c)
comprehensive general public liability insurance, providing coverage on an "occurrence"
and, not a "claims made" basis, covering all acts of Tenant, its employees, agents,
representatives and guests and insuring against all claims arising from injury to persons
. or damage to property in or about the Leased Premises, Building or the Project in a single
limit amount of not less than $2,000,000.00 for personal injury or death and not less than
$500,000.00 for property damage and fire legal liability.
-13-
All such insurance shall name Landlord as an additional insured and shall provide
for thirty (30) days written notice being sent to Landlord prior to cancellation, non-
renewal or material modification. Certificates of all such insurance shall be delivered to
Landlord prior to occupancy of the Leased Premises by Tenant and at least ten (10) days
prior to the termination date of any existing policy. Tenant shall pay to Landlord, upon
demand, as additional rent the cost of securing such insurance in the event Tenant fails to
furnish certificates of insurance to Landlord. However, it is not Landlord's duty nor
obligation to secure such insurance for Tenant.
Landlord shall, during the Term of this Lease, maintain standard, all risk insurance
on the Building, including any fixtures which are the property of Landlord and including
any improvements to the Leased Premises which shall become the property of Landlord
upon termination of this Lease, insuring against loss by fire and other perils covered by a
standard extended coverage endorsement. Such insurance shall be in an amount of not
less than the full replacement cost of the Building. Landlord shall maintain, during the
Term of this Lease, comprehensive general public liability insurance covering the legal
liability of Landlord against claims for bodily injury, death or property damage occurring
on or about the Project in a single limit amount of not less than $2,000,000.00 for
personal injury or death and not less than $500,000.00 for property damage. With respect
to all comprehensive general public liability insurance maintained by Landlord and any
Other Users of the Project (other than Occasional Users), Tenant hereunder shall be
named as an additional insured thereunder and shall be entitled to at least ten (10) days
• written notice prior to any termination, cancellation, non -renewal or material
modification thereof. The requirements of this Section 11 relating to insurance to be
maintained by Landlord shall be subject to the requirements of any mortgage or loan
agreement to which Landlord is subject, and the terms of any such mortgage or loan
agreement shall control the provisions of this Section 11.
By agreeing to provide or maintain the above insurance coverages, Landlord does
not waive any statutory or common law immunities or limitations of liability, all such
immunities and limitations being expressly reserved by Landlord.
12. FIRE OR OTHER CASUALTY. If the Building shall be damaged or
destroyed by fire or other cause, Landlord shall either (a) undertake to restore such
damage, including any such damage to the Initial Leasehold Improvements (provided,
however, that Landlord shall not be required to spend amounts in excess of insurance
proceeds available to Landlord to effect such restoration), or (b) in the event the Building
is damaged by fire or other cause to such extent the damage cannot, in Landlord's
reasonable judgment, be economically repaired within one hundred and eighty (180) days
after the date of such damage (taking into account the time necessary to effectuate a
satisfactory settlement with any insurance company and using normal construction
methods without overtime or other premium), terminate this Lease, by notice given to
Tenant within sixty (60) days after the date of damage. Any termination hereunder by
reason of damage which materially interferes with the use of the Leased Premises shall be
effective as of the date of the damage. Any termination by reason of damage to the
-14-
Building which does not materially interfere with the use of the Leased Premises shall be
effective as of the date notice is given. If Landlord elects to restore, Landlord shall not be
obligated to restore any improvements to the Leased Premises which do not become the
property of Landlord upon termination of this Lease. Upon substantial completion by
Landlord of its work, Tenant shall undertake to restore its leasehold improvements (other
than the Initial Leasehold Improvements) and trade fixtures with all due diligence. This
Lease shall, unless terminated by Landlord pursuant to this Section 12, remain in full
force and effect following such damage, and, in the case of damage which materially
interferes with the use of the Leased Premises, the Rent, prorated to the extent that the
Leased Premises are rendered untenantable, shall be equitably abated until such repairs
are completed; provided, however, that if Tenant does not restore its leasehold
improvements and trade fixtures with due diligence, abatement shall cease as of the date
restoration could have been completed using due diligence. Notwithstanding the
foregoing, if the destruction or damage was wholly or partially caused by the breach of
this Lease by Tenant, its officers, agents or employees, the Rent shall not abate and
Tenant shall remain liable for the same. Notwithstanding anything herein to the contrary,
in the event the Building is damaged by fire or other cause to such extent the damage
cannot, in Landlord's reasonable judgment, be economically repaired within one hundred
eighty (180) days after the date of such damage (taking into account the time necessary to
effectuate a satisfactory settlement with any insurance company and using normal
construction methods without overtime or other premium) or in the event the damage is
not, in fact, repaired within said one hundred eighty (180) day period, then in either such
• case Tenant may terminate this Lease upon written notice to Landlord.
13. CONDEMNATION. If the whole of the Building shall be taken or
condemned or purchased under threat of condemnation by any governmental authority,
then the Term of this Lease shall cease and terminate as of the date when the condemning
authority takes possession of the Leased Premises and Tenant shall have no claim against
the condemning authority, Landlord or otherwise for any portion of the amount that may
be awarded as damages as a result of such taking or condemnation or for the value of any
unexpired Term of this Lease; provided, however, that Landlord shall not be entitled to
any award made to Tenant for loss of business or costs of relocation. In the event part of
the Building is condemned to the extent that it cannot, in Landlord's reasonable judgment,
be economically restored within a reasonable time, either Landlord or Tenant shall have
the option, by notice given to the other party within sixty (60) days after the date the
condemning authority takes possession, to terminate this Lease as of the date of such
possession.
14. ALTERATIONS AND SIGNS. Tenant will not make or permit anyone to
make any alterations, additions or improvements, structural or otherwise, in or to the
Leased Premises or the Building without the prior written consent of Landlord, provided
that Landlord shall not unreasonably withhold such consent, and further provided all such
alterations, additions or improvements shall be completed in conformity with the
• reasonable building standards adopted by Landlord from time to time. If any mechanic's
lien is filed against any part of the Building or the Project for work claimed to have been
done for or labor or materials claimed to have been furnished to or authorized by Tenant,
such mechanic's lien shall be discharged by Tenant within thirty (30) days thereafter, at
-15-
Tenant's sole cost and expense, by the payment and satisfaction thereof or by making any
deposit required by law. Should Tenant fail to obtain the discharge of any such mechanic's
lien within thirty (30) days of the filing thereof, Landlord shall be entitled to obtain such
discharge by whatever reasonable means Landlord deems expedient, and all costs incurred
by Landlord in obtaining such discharge including reasonable attorneys' fees, shall be paid
by Tenant as additional rent hereunder. Notwithstanding the foregoing, however, Tenant
shall be not required to pay or discharge any mechanic's lien so long as Tenant shall in
good faith contest the same or the validity thereof by appropriate legal proceedings which
shall operate to prevent the collection of the lien so contested and the sale of the Building
or Project to satisfy any obligation arising from said lien, provided that Tenant shall give
such security as may be reasonable required by the Landlord or Landlord's mortgagee to
insure such payment and prevent any sale or forfeiture of the Building or Project by
reason of such nonpayment or contest by Tenant.
All alterations, additions or improvements in or to the Leased Premises, the
Building or the Project made by Tenant or by Landlord on Tenant's behalf shall
immediately become the property of Landlord and shall remain upon and be surrendered
with the Leased Premises as a part thereof at the end of the term hereof without
disturbance, molestation or injury. Notwithstanding the foregoing, provided that if any
and all damage resulting therefrom be repaired, Tenant shall have the right to remove at
its own expense, prior to the expiration or termination of the term of this Lease, all
furniture, equipment and other personal property and all trade fixtures installed by Tenant
40 in the Leased Premises.
Except as permitted pursuant to Exhibit G attached hereto and incorporated herein, Tenant
shall not place or maintain any sign, advertisement or notice on any part of the outside or
the inside of the Building without Landlord's prior written approval, which approval by
Landlord shall not be unreasonably withheld or delayed. Except as provided in said
Exhibit G, any such approved use and placement shall be at the sole expense and cost of
Tenant.
Tenant shall not install any equipment which will or may necessitate any changes,
replacements or additions to, or in the use of, the heating, ventilating or air conditioning
system, or electrical system of the Building nor any equipment containing Hazardous
Materials or chlorofluorocarbons without obtaining the prior written consent of Landlord.
Equipment belonging to Tenant which causes fumes, odors, noise or vibration that may be
transmitted to the structure of the Building or to any space therein to such a degree as to
be reasonably objectionable to Landlord or to any Other User of the Project and which is
not consistent with Tenant's use of the Leased Premises shall be installed and maintained
by Tenant, at Tenant's expense, on vibration eliminators, with ventilation equipment or
other devices sufficient to eliminate such fumes, odors, noise and vibration.
15. WAIVER OF SUBROGATION. Notwithstanding any other provision in
• this Lease to the contrary, Landlord and Tenant hereby release one another, their
respective officers, agents, officials, partners, employees and property manager, from any
and all liability or responsibility (to the other or anyone claiming through or under them
by way of subrogation or otherwise) for any loss or damage covered by insurance actually
-16-
• carried or coverable by the insurance required by Section 11 hereof, even if such loss or
damage shall have been caused by the fault or negligence of the other party, or anyone for
whom such party may be responsible.
16. WAIVER AND INDEMNITY. Tenant agrees that Landlord, its officers,
agents, officials, partners and employees shall not be liable to Tenant or those claiming
through or under Tenant for any personal injury, death or property damage occurring in,
on or about the Leased Premises, the Building or the Project except to the extent such
injury, death or property damage was caused by the intentional misconduct, negligence or
breach of this Lease by Landlord, its contractors, agents or employees. Without limitation
of the foregoing, and except as may be specifically provided elsewhere in this Lease and
provided that the following was not caused by the intentional misconduct, negligence or
breach of this Lease by Landlord, its contractors, agents or employees, Landlord shall not
be liable to Tenant for any damage, compensation or claims arising from: loss or damage
to books, records, files, money, securities, negotiable instruments or other papers in or
about the Building or the Leased Premises; the necessity of repairing any portion of the
Project; the interruption in the use of the Leased Premises; accident or damage resulting
from the use or operation by Landlord, Tenant, or any other person or persons whatsoever
of elevators, or heating, cooling, electrical or plumbing equipment or apparatus; the
termination of this Lease by reason of the destruction or condemnation of the Building or
the Leased Premises; any fire, robbery, theft, or any other casualty; any leakage or
bursting of pipes or water vessels or any roof or wall leakage in any part or portion of the
Building or the Leased Premises; water, rain, snow or underground water that may leak
into, flow on, or flow from, any part of the Building or the Leased Premises or the Project.
Landlord and Tenant each agree to indemnify and hold harmless the other party and its
officers, agents, partners and employees from and against all claims, costs, liabilities and
expenses, of whatever nature a) arising or resulting from any act, omission or negligence
of the indemnifying party, its officers, employees and agents in or about the Leased
Premises, the Building or the Project or, b) arising in connection with the indemnifying
party's use or occupancy of the Building, the Project or the Leased Premises or the
conduct of the indemnifying party's business thereon, and agrees to indemnify and hold
harmless the other party from and against all costs, expenses and liabilities, including
reasonable attorneys fees, incurred in connection with any such claims or proceedings
brought thereon, and the defense thereof.
17. REPAIRS AND MAINTENANCE. Subject to Landlord's undertakings
stated in Section 6 of this Lease, Tenant shall put, keep, repair and maintain Tenant's
Theatre Equipment and the Exclusive Use Spaces and the trade fixtures and equipment
therein at all times in a good, properly functioning, safe and sanitary condition and state of
repair, reasonable wear and tear excepted, free of debris and other similar obstructions.
Tenant shall allow Landlord access to the Exclusive Use Spaces identified in Paragraph
A. of Section 2 of this Lease during all reasonable hours upon forty-eight (48) hours
notice, except in the case of emergencies, to make repairs required to be made by Tenant
. which Tenant fails or refuses to make, and shall pay Landlord as additional rent the
reasonable cost of such repairs made for Tenant by Landlord. Tenant shall also allow
Landlord reasonable access to those portions of the Leased Premises other than the
-17-
Exclusive Use Spaces identified in Paragraph A. of Section 2 of this Lease, provided
Landlord shall not unreasonably interfere with Tenant's permitted use of the Leased
Premises. Subject to Tenant's obligation to pay Rent pursuant to Sections 4 and 5 of this
Lease, Landlord shall: i) make all necessary repairs to the outer walls, roof, and structural
elements of the Building, ii) keep the plumbing, sewage, heating, air conditioning,
electrical and ventilating systems of the Building in good repair, ordinary wear and tear
excepted, and iii) maintain and keep the common areas, grounds, walkways, driveways
and parking areas in a neat and clean condition. Tenant shall pay for electric lamps and
ballasts used in the Exclusive Use Spaces identified in Paragraph A. of Section 2 of this
Lease. Any cost of repairs, modifications, alterations or improvements to the Building, the
Leased Premises or the Project which are occasioned by the sole negligence or default of
Tenant, its officers, employees, agents or invitees, or by the requirements of law,
ordinance or other governmental directive not in effect as of the Commencement Date and
which arise solely out of the nature of Tenant's use and occupancy of the Leased Premises
or the installations of Tenant in the Building or the Leased Premises shall be paid solely
by Tenant.
Tenant will not suffer or permit any waste or injury to the Building or the Leased
Premises and will, at the expiration of the term of this Lease, surrender the Leased
Premises with all walls, floor coverings and other components thereof in the same order
and condition as on the Commencement Date, ordinary wear and tear, subsequent
alterations or improvements consented to by Landlord as provided in Section 14 of this
• Lease and casualty damage covered by insurance excepted.
18. ENTRY AND INSPECTION. Upon forty-eight (48) hours prior notice,
except in the case of emergencies, Tenant shall permit Landlord, its agents or
representatives to enter the Exclusive Use Spaces identified in Paragraph A. of Section 2
of this Lease to examine and inspect the same or to make such alterations, renovations or
repairs to the Leased Premises or the Building as Landlord may deem necessary or
desirable, or to exhibit said Exclusive Use Spaces to prospective Tenants during the last
180 days of the term of this Lease or to prospective purchasers at any time during the
term. Landlord shall also be entitled to reasonable access to those portions of the Leased
Premises other than said Exclusive Use Spaces. Landlord shall make reasonable efforts
not to unreasonably interfere with the conduct of Tenant's business, but Landlord shall in
no event be liable to Tenant or those claiming under or through Tenant for any loss or
damages in connection with such entry, inspection, alterations, renovations or repairs.
19. IMPROVEMENTS. The taking of possession of the Leased Premises by
Tenant shall be conclusive evidence that the Leased Premises and the Building are in
good and satisfactory condition in compliance with this Lease at the time of such taking of
possession.
20. WAIVER. No waiver by either party of any breach of any covenant,
condition or agreement herein contained shall operate as a waiver of such covenant,
• condition, or agreement itself, or of any subsequent breach thereof. No payment by
Tenant or receipt by Landlord of a lesser amount than the monthly installments of Rent
herein stipulated shall be deemed to be other than on account of the earliest stipulated
-18-
Rent nor shall any endorsement or statement on any check or letter accompanying a check
for payment of Rent be deemed an accord and satisfaction, and Landlord may accept such
check or payment without prejudice to Landlord's right to recover the balance of such
Rent, to terminate this Lease, to repossess the Leased Premises or to pursue any other
remedy provided in this Lease. No re-entry by Landlord, and no acceptance by Landlord
of keys from Tenant, shall be considered an acceptance of a surrender of this Lease or the
Leased Premises.
21. COVENANTS OF LANDLORD. Landlord covenants that as of the
Commencement Date of this Lease, Landlord will have become the fee owner of the Real
Estate, Building and Project. Landlord further covenants that it has the right to make this
Lease for the term aforesaid and covenants that if Tenant shall pay the Rent and perform
all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant
shall, during the term of this Lease freely, peaceably and quietly occupy and enjoy the use
and possession of the Leased Premises as provided in this Lease. This Lease shall be
binding upon Landlord and Tenant notwithstanding Landlord is not the fee owner of the
Project on the date of this Lease. The term "Landlord" as used in this Lease shall mean
solely the owner of the Project. In case the original or any successor Landlord shall
convey or otherwise dispose of its entire interest in the Project and turn over to the
transferee any funds held by it hereunder in which Tenant has an interest, all liabilities of
such Landlord under this Lease from and after the date of transfer of the Landlord's
interest shall terminate so long as said transferee assumes all obligations of Landlord
under this Lease.
22. NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor any
agent, employee or property manager of Landlord has made any representations with
respect to the Leased Premises, the Building or the Project except as herein expressly
stated, and no right, privileges, easements or licenses are acquired by Tenant except as
herein expressly stated.
23. DEFAULT.
a. Any one of the following events shall constitute an Event of Default:
Tenant shall fail to pay any installment of Rent or other sums
payable by Tenant as herein provided and such default shall continue
for a period of ten (10) days after written notice to Tenant;
ii. Tenant shall violate or fail to perform any of the other terms,
covenants or conditions of this Lease and such default shall continue
for a period of thirty (30) days after written notice from Landlord or,
in the event such default is of a nature that it cannot reasonably be
cured within thirty (30) days, such longer period of time, but not to
• exceed ninety (90) days, as is reasonable under the circumstances so
long as Tenant commences such cure and diligently pursues the same;
-19-
• iii. Tenant shall file or have filed against it or any guarantor of this
Lease any bankruptcy petition, or make an assignment for the benefit
of its creditors.
b. If an Event of Default shall have occurred and be continuing, Landlord may at its
sole option by written notice to Tenant terminate this Lease. Neither the passage
of time after the occurrence of the Event of Default nor exercise by Landlord of
any other remedy with regard to such Event of Default shall limit Landlord's
rights under this Subparagraph b. of this Section 23.
C. If an Event of Default shall have occurred and be continuing, whether or not
Landlord elects to terminate this Lease, Landlord may enter upon and repossess
the Leased Premises (said repossession being hereinafter referred to as
"Repossession") in compliance with applicable law, and may remove Tenant and
all other persons and property therefrom.
d. From time to time after Repossession of the Leased Premises, whether or not this
Lease has been terminated, Landlord shall attempt to re -let the Leased Premises
for the account of Tenant in the name of Landlord or otherwise, for such term or
terms (which may be greater or less than the period which would otherwise have
• constituted the balance of the Term) and for such terms (which may include
concessions or free rent) and for such uses as Landlord, in its reasonable
discretion, may determine, and may collect and receive the rent therefor. Landlord
shall not be responsible or liable for any failure to collect any rent due upon any
such re -letting.
e. No termination of this Lease pursuant to Subparagraph b. of this Section 23 and no
Repossession of the Leased Premises pursuant to Subparagraph c. of this Section
23 or otherwise shall relieve Tenant of its liabilities and obligations under this
Lease, all of which shall survive any such termination or Repossession. In the
event of any such termination or Repossession, whether or not the Leased
Premises shall have been relet, Tenant shall pay to Landlord the Rent and other
sums and charges to be paid by Tenant up to the time of such termination or
Repossession, and thereafter Tenant, until the end of what would have been the
term in the absence of such termination or Repossession, shall pay to Landlord, as
and for liquidated and agreed current damages for Tenant's default, the equivalent
of the amount of the Rent and such other sums and charges which would be
payable under this Lease by Tenant if this Lease were still in effect, less the net
proceeds, if any, of any re -letting effected pursuant to the provisions of
Subparagraph d. after deducting all of Landlord's reasonable expenses in
connection with such reletting, including without limitation, all repossession costs,
• brokerage and management commissions, operating expenses, legal expenses,
reasonable attorneys' fees, alteration costs, and expenses of preparation for such re-
letting. Tenant shall pay such current damages to Landlord monthly on the days on
which the Rent would have been payable under this Lease if this Lease were still
-20-
in effect, and Landlord shall be entitled to recover the same from Tenant on each
such day. At any time, after such termination or Repossession, whether or not
Landlord shall have collected any current damages as aforesaid, Landlord shall be
entitled to recover from Tenant, and Tenant shall pay to Landlord on demand, as
and for liquidated and agreed final damages for Tenant's default, an amount equal
to the then present worth of the excess of the Rent and other sums or charges
reserved under this Lease from the day of such termination or repossession for
what would be the then unexpired term of this Lease if the same had remained in
effect, over the then net fair rental value of the Leased Premises for the same
period.
f. If an Event of Default shall have occurred and Landlord places in the hands
of an attorney the enforcement of all or any of the terms, covenants,
agreements or conditions of this Lease, the collection of any rent due or to
become due, or the recovery of possession of the Leased Premises, Tenant
agrees to reimburse Landlord, as additional rent hereunder, for Landlord's
reasonable attorneys fees, together with the actual cost of maintaining any
action commenced in law or equity by Landlord, whether suit is actually
filed or not.
• g. Landlord shall in no event be considered to be in default hereunder until the
expiration of a reasonable period of time after written notice of default from
Tenant. Tenant agrees that it will look solely to the interest of Landlord in
the Project and the rentals therefrom for the collection of any judgment or
award requiring the payment of money by Landlord in the event of any
default by Landlord in any of the terms, covenants or conditions of this
Lease; and no other assets of Landlord shall be subject to levy, execution or
other legal process for the payment of Tenant's claims.
h. Tenant waives any demand for possession of the Leased Premises, demand
for payment of rent and notice of intent to re-enter, or of intention to
terminate this Lease, other than the notices provided in this Section 23 or
elsewhere in this Lease.
24. SURRENDER. Tenant shall surrender the Leased Premises to Landlord upon
termination of this Lease, whether such termination occurs at the end of the lease term or
sooner, together with all utility systems, equipment, improvements, replacements,
alterations and decorations thereto and operating bulbs or tubes in all light fixtures, but
excluding Tenant's trade fixtures, Tenant's Theater Equipment (as defined in Section 36 of
this Lease) and other personal property, broom clean and in good order, condition and
repair except for ordinary wear and tear and casualty damage actually covered by
insurance. At Tenant's option, Tenant shall remove promptly alterations, modifications
. and the like to the Leased Premises made by Tenant or on behalf of Tenant and shall
restore and repair damage caused by such removal. Should Tenant fail to surrender the
Leased Premises in the condition required by this section, Landlord shall be entitled to
-21-
take whatever steps may, in Landlord's reasonable discretion, be required to restore the
• Leased Premises to said condition and Tenant agrees that it shall pay to Landlord all
reasonable costs incurred by Landlord in so restoring the Leased Premises.
25. HOLDING OVER. Should the Tenant continue to occupy the Leased
Premises, or any part thereof, after the expiration or termination of the term of this Lease
whether with or without the consent of the Landlord, such tenancy shall be from month to
month and Tenant shall pay Landlord an amount equal to one hundred twenty-five percent
(125 %) of the Rent in Sections 4 and 5 of this Lease during the entire period that Tenant
continues to so occupy the Leased Premises after the term of this Lease.
26. LATE PAYMENT. Other remedies for nonpayment of rent
notwithstanding and without prejudice to such remedies, if Tenant fails to pay the Rent or
any other payment due hereunder, within ten (10) days following written notice of default
by Landlord, Tenant shall pay to Landlord, as additional rent hereunder, interest on all
such past due payments at the rate of one percent (1 %) per month or at the maximum rate
permitted by law, whichever rate is lower. Interest shall accrue from the date each such
late payment became due and shall be payable to the date of payment thereof by Tenant.
27. HAZARDOUS SUBSTANCES/ENVIRONMENTAL
REGULATIONS. Tenant warrants and represents that:
• a. Its use of the Leased Premises and the operation of its business and affairs
thereon shall not violate any law, statute, ordinance, rule, regulation, order
or determination of any governmental authority pertaining to hazardous
substances, toxic waste, asbestos, health or the environment (hereinafter
sometimes collectively called "Environmental Regulations") including,
without limitation, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 ("CERCLA"), as amended by the
Superfund Amendments and Reauthorization Act of 1986 ("SARA")
(collectively "CERCLA/SARA") and the Resource Conservation and
Recovery Act of 1976 ("RCRA") and the Minnesota Environmental
Response and Liability Act ("MERLA");
b. Tenant will obtain by the Commencement Date and shall continue to
maintain all permits, licenses or similar authorizations, if any, required by
Environmental Regulations to conduct its business on the Leased Premises
and;
C. Tenant's use of the Leased Premises will not result in the disposal,
discharge or release in violation of applicable Environmental Regulations of
any hazardous substance, toxic waste, asbestos or other substance regulated
by Environmental Regulations (such hazardous substances, toxic waste,
• asbestos and other substances being hereinafter collectively referred to as
"Hazardous Substances") on or about the Leased Premises, Building or the
Project.
-22-
In the event Tenant, its officers, agents, employees or subcontractors shall
• breach or fail to perform any of the warranties and representations contained in this
Section:
d. Upon notice from Landlord, Tenant shall remove from the Leased
Premises, Building or the Project, at Tenant's sole expense, any
Hazardous Substance which is not in compliance with Environmental
Regulations or this Lease Agreement;
e. Landlord and such environmental engineers or consultants as it may
employ shall be entitled to enter upon the Leased Premises upon
reasonable prior notice for the purpose of conducting such
environmental audits or similar tests as Landlord may deem reasonably
necessary and the cost and expense of such environmental audits or and
tests incurred by Landlord shall be paid by Tenant as additional rent
hereunder with the next installment of Rent; and
f. Tenant shall protect, indemnify and save Landlord harmless from all
costs, fines, claims, demands, actions, proceedings, judgments and
damages (including court costs and reasonable attorneys' fees) resulting
from or arising out of any breach or nonperformance by Tenant of the
representations and warranties contained in this Section including,
without limitation, the cost of removal and/or remediation of any
• disposal, discharge, release or contamination or discharge of Hazardous
Substances on or about the Leased Premises, Building or the Project.
It is expressly acknowledged by Tenant that all of the terms, covenants and
conditions of this Section pertaining to Environmental Regulations including, but not
by way of limitation, the indemnifications herein provided shall survive the
termination of this Lease.
28. NOTICES. All notices or other communications hereunder shall be in
writing and shall be hand delivered or sent by first class United States Mail, postage
prepaid, or by a nationally -recognized overnight delivery service, to the following
address:
Landlord: City of Hopkins
Attention: City Manager
1010 First Street South
Hopkins, Minnesota
55343
Tenant: Stages Theatre Company
Attention: Executive Director
• 1111 Mainstreet
Hopkins, Minnesota 55343
-23-
If notice is given by mail or by overnight delivery service, such notice shall be
deemed to have been given the day following the date of mailing.
29. MISCELLANEOUS.
a. This Lease is made and executed in the State of Minnesota, and shall be
construed according to the laws of Minnesota;
b. The invalidity or unenforceability of any provision of this Lease shall
not affect or impair the validity of any other provisions; and section titles
and captions in this Agreement are for convenience only and do not
define, limit or construe the contents of such sections and paragraphs;
C. If more than one person or entity shall sign this Lease as Tenant, the
obligations set forth herein shall be deemed joint and several obligations
of each such party;
d. This Lease shall be binding upon and inure to the benefit of the parties
thereto and, subject to the restrictions and limitations herein contained,
their respective heirs, successors and assigns;
C. Any modifications to this Lease must be in writing and signed by both
Landlord and Tenant; and
f. The attached Exhibits A -I are incorporated in and made a part of this
Lease in their entirety.
30. BROKERS. Landlord and Tenant each warrants that it has not engaged
or dealt with any real estate broker or agent in connection with this Lease and agrees to
indemnify, defend and hold the other party harmless from and against any claim for
commissions, brokers' fees or finders' fees asserted by anyone on account of any dealings
with the indemnifying party in connection with this Lease.
31. TENANT'S NONPROFIT STATUS. Tenant represents to Landlord that
it is duly qualified as a nonprofit corporation under Section 501 (c)(3) of the Internal
Revenue Code, and Tenant agrees that it shall maintain that status during the entire term
of this Lease. Upon request by Landlord, Tenant shall provide Landlord with written
evidence Tenant is maintaining its status as a 501 (c)(3) nonprofit corporation.
Notwithstanding any provision of this Lease to the contrary, Tenant shall pay all real
estate taxes or payments in lieu of real estate taxes imposed on the Project or on
Landlord or Tenant solely as a result of Tenant's use or occupancy of the Project.
32. RENEWAL OPTION. Provided Tenant is not in default under this
Lease either at the time notice is given or at the expiration of the then current term of this
• Lease, Tenant shall have the right and option, exercisable by giving Landlord written
notice ("Notice of Extension") thereof at least 180 days but no more than 360 days prior
to the expiration of the then current term of this Lease, to extend the term of this Lease
-24-
• for one period of 55 months, so if the renewal option is exercised the renewal period will
end July 31, 2027. Upon the giving of the Notice of Extension, the term of this Lease
shall automatically be extended as provided in the preceding sentence, and no further
document or instrument evidencing the extension of this Lease shall be required to be
executed. In the event Tenant fails to give Notice of Extension at the time and manner
herein provided, this Lease shall automatically terminate as of the end of the then current
term, and Tenant shall have no further right or option to extend this Lease. When used in
this Lease, the phrase "term of this Lease" or similar phrases shall mean and refer to the
original term of this Lease and the extended term thereof. The extended term of this
Lease shall be upon and subject to all of the terms, covenants, agreements, provisions
and conditions of this Lease, including the payment of Rent as calculated pursuant to
Sections 4 and 5 of this Lease, but excluding this Section 33.
33. EXCLUSIVE USE. With the exception only of District 270, Landlord
shall not, without Tenant's prior written consent, lease space in the Building to or allow
the use of such space by, any Other User (including Landlord) who would use such space
for the purpose of presenting a theatrical production for children or offering theater
education programs for children. Notwithstanding the foregoing, upon the termination of
Tenant's right of possession of the Leased Premises pursuant to the provisions of Section
23 of this Lease, this Section 34 become null and void and be of no further force or effect.
34. LANDLORD'S RULES AND REGULATIONS._Tenant agrees that it
is shall comply with, and cause its employees, agents and guests to comply with, Landlord's
Rules and Regulations for the Hopkins Center for the Arts which Rules and Regulations
are attached hereto as Exhibit G to this lease, provided that such Rules and Regulations
are applied to Tenant and all Other Users of the Project on a uniform, nondiscriminatory
basis and such Rules and Regulations do not conflict with the express provisions of this
Lease. Landlord agrees that the Rules and Regulations for the Hopkins Center for the Arts
shall apply to all Other Users of the Project (including Landlord and Occasional Users)
and shall prohibit any Other User (i.e., other than Tenant) from entering the Control
Booths for the Theater and the Multi -Use Performance Hall or the catwalk area above the
areas of the Theater unless Tenant consents to such entry.
35. TENANT'S TECHNICAL SUPPORT FOR OPERATION OF
THEATER. It is acknowledged and agreed that Tenant shall own and maintain on the
Leased Premises the sound, lighting and other equipment identified in Exhibit F attached
hereto and incorporated herein by reference (said equipment owned and maintained by
Tenant, and all replacements and additions thereto being herein referred to as "Tenant's
Theater Equipment"). It is also acknowledged that Tenant's Theater Equipment shall be
maintained and together with related equipment owned and maintained by Landlord,
operated by personnel furnished and employed by Tenant. All Other Users (including
Landlord and Occasional Users) who use the Theater or the Multi -Use Performance Hall
shall be required to contract with Tenant, on reasonable terms acceptable to Tenant and
such Other Users, for the use and operation of Tenant's Theater Equipment and such
related equipment of Landlord, and Tenant shall throughout the Term of this Lease cause
Tenant's Theater Equipment and personnel to be made available for use by Other Users as
-25-
needed for the use of the Theater and Multi -Use Performance Hall, subject to such
reasonable contract terms.
The Tenant purchased and provided approximately $130,000.00 of equipment
(other than Tenant's Theater Equipment") for use in the Hopkins Center for the Arts prior
to it's opening. This equipment purchased by Tenant is identified as "Project Equipment."
in Exhibit I to this lease. Notwithstanding anything in this Section 35 or in any other
provision of this Lease to the contrary, even though Tenant hereunder shall retain
ownership of such Project Equipment during the Term of this Lease, upon termination of
this Lease, whether such termination occurs at the end of the Term or sooner, such Project
Equipment shall become the property of Landlord and shall remain at the Project. If
Tenant desires to replace any of the Project Equipment identified in Exhibt I, whether due
to inoperability or obsolescence, Tenant may do so provided that the replacement
equipment is of similar type and quality (the "Replacement Equiprment"). Any
Replacement Equipment will become Project Equipment, as defined in this Section, and
shall also revert to Landlord's possession at the termination of this Lease. Tenant
warrants that any Replacement Equipment installed will be free and clear of any liens or
enucmbrances prior to the termination of this Lease.
36. COMPLIANCE WITH MINN. STAT. SEC. 16A.695
The parties hereto agree that notwithstanding any other provision of this Lease to the
contrary, the following provisions shall apply:
a. Landlord covenants that it has the authority to enter into and execute this
Lease under Minn. Stat. Secs. 471.15 and 471.191.
b. Tenant's use of the Leased Premises under Section 7 above for "performing
arts production, educational purposes and related and incidental uses" shall
constitute the "Governmental Program" within the meaning of Minn. Stat.
Sec. 16A.695 to be carried out by Tenant from the Leased Premises.
C. Landlord acknowledges that it has received Tenant's initial program
evaluation report. Tenant covenants that Tenant will provide Landlord with
an annual budget showing forecasted program revenues and expenses for
each upcoming Activity Year of the Tenant for the Governmental Program
to be carried out by Tenant from the Leased Premises. Nothing in this
Section 37 or elsewhere in this Lease shall give Landlord the right to
approve the performances Tenant selects to produce from the Leased
Premises.
d. In the event that Tenant terminates or changes the Governmental Program
to be carried out by Tenant from the Leased Premises, Landlord may upon at
least thirty (30) days written notice to Tenant and opportunity to cure,
terminate this Lease in accordance with the provisions of Section 23 b.
above. Tenant's use of the Leased Premises shall comply with the
requirements of Section 2.03 of the grant agreement to be entered into by
-26-
•
n
U
Landlord with the State of Minnesota, Department of Administration, a copy
of said Section 2.03 being attached hereto as Exhibit E.
e. In accordance with the provisions of Section 18 above of this Lease, the
employees, agents and representatives of Landlord and the State of
Minnesota, including the Departments of Finance and Administration
thereof shall have access to Tenant's Exclusive Use Spaces and the
remainder of the Leased Premises hereunder for the purpose of determining
whether the Governmental Program is being carried out by Tenant from the
Leased Premises.
f. For a period of one (1) year from the date of this Lease, Tenant shall list
any job vacancies or new jobs it may have with Job Services of the
Minnesota Department of Economic Security.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement
as of the day and year first above written.
LANDLORD
CITY OF HOPKINS
Its
Its
TENANT
STAGES THEATRE COMPANY
LIM
-27-
Its
Its
0 EXHIBITS
A Legal Description
B Spaces — Building Map
C Shared Income Lease Provisions
D Meet and Confer Criteria
E Section 2.03 of grant agreement
F Tenant's Theater Equipment
G Rules and Regulations
H Payment Schedule
. I Project Equipment
C,
-28-
•
•
EXHIBIT A
LEGAL DESCRIPTION
HOPKINS CENTER FOR THE ARTS
Lots 10, 11, 12, 13, 14, 15, Block 70 in West Minneapolis Second Division
according to the map or plat thereof on file and of record in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
-29-
•
•
0
-30-
0
m
CS
C3
0
-31-
• SHARED INCOME LEASE PROVISIONS EXHIBIT "C"
SHARING INCOME
is
U
A.
During Meet and Confer or at a later time, within the Stages
Yes, for mid stage
Theatre Company's (STC) secured time, there is a day
Deanne Dance Company
without a theater performance and Landlord can rent the
No, for front of curtain
Recital
space to an Occasional User (OU).
Hopkins Dance Center
Late May
No
B.
Same scenario as above for Hopkins School District (HSD),
No, for mid stage
On Your Toes School of Dance
or Landlord programming
No
Recital
Full
No, for front of curtain
Library Foundation of Hennepin County
Varies
No
C.
If STC seeks to schedule a performance during secured time
Yes, for mid stage
at Meet and Confer and relinquishes the date for OU.
Yes, for front of curtain
D. Same as above but relinquishes it to HSD or Landlord for No, for mid stage
Landlord programming
No, for front of curtain
E. The Landlord's clients listed below are in a special category No, for mid stage
and are not subject to sharing income with STC.
No, for front of curtain
-32-
Deanne Dance Company
June
No
Recital
Full
Hopkins Dance Center
Late May
No
Recital
Full
On Your Toes School of Dance
June
No
Recital
Full
Library Foundation of Hennepin County
Varies
No
Lecture
Front
5/6 evenings
and mornings
combinations
Mainstreet School of Performing Arts
June
No
Graduation
Front
only
St. John's Catholic School
Spring
No
Play
Mid
Not Holy Week
r abutting
Hopkins spring
break
Hopkins Raspberry Association
2nd Thursday in
No
Coronation
Front/mid
Jul
Intermediate District 287
Last Monday in
No
Staff Mtg
Front
August
Ubah Medical Academy -Charter HS
I Early June
I No
I Graduation
I Front
-32-
• EXHIBIT D: MEET AND CONFER CRITERIA
If the meet -and -confer process fails to resolve all scheduling conflicts among the major tenants in
the Hopkins Center for the Arts (Stages, District 270), then the City of Hopkins as landlord shall
apply the following criteria to resolve the conflicts. The agent of the City in this regard shall be the
facility manager for the Hopkins Center for the Arts.
1 Relevance to the Arts. Activities which are relevant to the arts and/or cultural education have
priority over those that are not. Scoring scale:
Relevant to the Arts Not Relevant to the Arts
10 9 8 7 6 5 4 3 2 1
2. Precedence. Activities will be scored on whether and to what extent there is a positive precedent
for that specific user group's activity. There is precedent for the activity if it was part of the
Center's schedule in the prior year(s). The longer the user group has used the Center, the
stronger the precedent is for that use. Activities that have worked well for the user group and
for the Center have a positive precedent. Scoring scale:
Prior Problem -Free Use No Prior Use/Problematic Use
5 4 3 2 1
3. Reasonableness. Activities will be scored on the extent to which the request for time
and space is proportional to the size of the program and reasonable for the age and
• programmatic needs of the people served. Scoring scale:
Proportional/Reasonable Disproportionate/Unreasonable
5 4 3 2 1
4. Number of People Served. The activity that serves the most people will have
priority over other activities, all other things being equal. Scoring scale:
Large Group Served Small Group Served
4 3
5. Residency. Activities that serve residents of the City of Hopkins and/or of Hopkins School
District 270 have priority over those that do not. Activities that serve businesses and/or their
employees located in the City of Hopkins and/or Hopkins School District 270 have priority over
those that do not.
Many Residents Served No Residents Served
5 4 3 2 1
6. Financial/In-kind Investment in the Center. User groups which have made or are making
financial and/or in-kind contributions to the Center, including rental fees, lease payments and
volunteer time, have priority over groups that have not contributed.
• Significant Contributions Made No Contributions Made
5 4 3 2 1
Meet and Confer Criteria.doc
-33-
•
•
EXHIBIT E
SECTION 2.03 OF GRANT AGREEMENT
Section 2.03 Operation of the Facility. The Public Entity shall operate
the Facility, or cause it to be operated, as a center for arts and cultural
performance and education, or for such other use as the legislature may from
time to time designate, and may enter into Use Contracts with Lessees to so
operate the Facility; provided that such contracts have been approved, in writing,
by the State Entity and the Finance Commissioner. The Public Entity shall also
annually determine that the Facility is being so used, and shall supply a
statement, sworn to before a notary public, to such effect to both the State Entity
and the Finance Commissioner.
With respect to any program which will be operated in the Facility, the Public
Entity covenants with, and represents and warrants to, the State Entity that (i) it
has the ability and a plan to fund the program which will be operated in the
Facility, (ii) it demonstrated such ability and supplied such plan to the State Entity
prior to the execution of this Agreement, and (iii) it will not enter into a Use
Contract with a Lessee unless such Lessee has demonstrated to the State Entity
that it has the ability and a plan to fund the program which Lessee intends to
operate in the Facility.
-34-
•
STAGES THEATRE COMPANY
Theatre Equipment
Exhibit F
23 -Apr -97
Llylllllly .. LLJulvl 1141 IL.
___....-..--1
--- F --
Instrument
Watts
#
Instrument
r
11
Century 6" Fresnel
500w
3
Telex PH1 Headsets
1
Century 6" Fresnel
500w
3
Telex Control Boxes
1
Kliegl 6" Fresnel
500w
2
Realistic PZM Microphones
8
Altman 6 x 9 Leko (P)
750w
3
Crown 30GPB PZM Microphones
1
Altman 3'/" Leko
400w
1
Telex WT -25 Body Microphones
4
Century 6x4 Wide -Angle Leko eko
750w
2
Realistic Cardioid Dynamic Microphones
1
Century 3'/2" Leko
400w
1
Altec Lansing 8 Channel Sound Mixer
10
Kliegl 6 x 9 Leko (P)
750w
1
12 -Channel Diamond Pro 12-3 Studio Master Mixer
9
C.C.T. Minuette Leko (P)
500w
1
BGM Professional Power Amp 250C
15
Par 64
1000w
2
Home made 3 -way Speakers
6
Century 18" Scoop
500w
2
Pevey 3 -Way H5H Speakers
1
Century 24" Beam Projector
750w
1
JVC Stereo Cassette Deck TD -W201
2
Major 8 x 15' Strip
300w
1
Technics Compact Disc Player SL -P1
3
Altman 6x6'
150w
1
Teac X-3 Reel -to -Reel Player Recorder
1
Mini Vari-strobe
650w
1
AB International Precedent Series 600A Amp
2
14' Boom
I
TOA Powered Mixer Mx 104
3
18" side arm
1
Telex Wireless Microphone Receiver FMR-25TD
2
6" Barn door
1
Telex US -2000 Master Channel Splitter Box
4
6" Snoot
1
Telex 2 -Channel Power Supply PS -2L
1
24" paper cutter
1
RCA Tape Deck Radio RP -7824A
1
Sharp Stereo Cassette Deck RT -10
1
American DJ 3 Position Remote Foot Switch
1
American DJ 4 -Channel Ch Controller
2
Electrovoice #644 microphones
•
1 Black Shark -tooth scrim 20'x 48' 1 Sears 1/2" electric drill
1 Porter cable Pneumatic finish nailer 1 Sears Radial arm saw
1 Rosco Fogger 1 Wagner heat gun
-35-
1
2
Sears Craftsman Jig Saw 1
Ryobt Corded Screw Guns 1
1
Wlier soldering iron 1
2
Sears Shop Vac 5.25 hp 1
1
Dewalt 41 /2' angle grinder 1
1
Milwaukee corded screw gun 1
2
Arrow electric staplers 1
1
Dayton shop vacuum 1
1
Shopsmith 2
1
AMT14" band saw 1
1
2
•
•
-36-
Makita Cordless Drill
B&D 3/8" electric drill
Brother Sewing Machine
Delta 1/2" Tabletop drill press
6" Belt/9" disc Sander "True Sander" 3/4hp
7-1/4" Skill 2-3/4 hp circular saw
Sears Reciprocating Saw
B&D 10" miter saw
C -H 1/4" Crown Pneumatic Stapler
Dewalt cordless screw gun
C -H 1 qut spray gun
8" step ladders
Exhibit G
Use of Space Rules and Regulations
1. ALCOHOL POLICY. The Tenant/Renting Organization/Individual shall not sell,
serve, or allow alcoholic beverages of any kind to be sold, brought into, or served upon
the premises except as permitted by the Hopkins Center for the Arts Liquor Policy.
2. CATERING. The Tenant/Renting Organization/Individual shall not sell, serve, or
allow food of any kind to be sold, brought into or served upon the premises except as
permitted by the Hopkins Center for the Arts Catering Policy.
3. DECORATIONS. All decorations must be approved in writing two weeks in advance
of any function. The following items are NOT ALLOWED:
Nails or screws Confetti and/or glitter No helium balloons
Candles that are not enclosed No electrical circuits may be altered
All decorations must be put up without defacing the building. All decorations must meet fire
code regulations. Candles must be enclosed in glass. Nothing may be attached to the
Theater stage without written permission from the Facility Director, Scheduling Coordinator,
or Technical Services Director.
4. CLEAN UP. The Tenant/Renting Organization/Individual shall clear all areas after
use, unless otherwise approved by the Facility Director or Scheduling Coordinator. The
Hopkins Center for the Arts and the City of Hopkins are not responsible for any items
left beyond the contracted rental period. The Renting Organization/Individual shall also
leave all areas in a reasonably clean and orderly condition at the end of the term of this
agreement. If areas are not cleared and/or cleaned within the contracted time period, the
Hopkins Center for the Arts and the City of Hopkins will employ a crew for this
purpose and bill the Tenant/Renting Organization/Individual.
BROADCASTS. All broadcasts, telecasts, tape recorders, films, etc. in the Hopkins
Center for the Arts shall have prior written consent from the participants and the
Hopkins Center for the Arts. A duplicate of the original of such executed consent shall
be given to the Hopkins Center for the Arts prior to the event. If consent is given, the
Tenant/Renting Organization/Individual shall furnish and install all equipment
necessary for the broadcast and for the control booth other than that furnished by the
Hopkins Center for the Arts.
6. CONCESSIONS. The Tenant/Renting Organization/Individual shall not sell, serve, or
allow cigarettes, cigars, beverages, liquor, food, gum, and refreshments of any kind to
be sold, brought into or served upon the premises except as permitted by the Hopkins
Center for the Arts. The Hopkins Center for the Arts must approve all concessions in
writing. The Hopkins Center for the Arts does not allow popcorn, or red punch.
• 7. CONDUCT. The Tenant/Renting Organization/Individual is responsible for the
conduct of its guests, representatives, casts, students, and workers while in the Hopkins
Center for the Arts.
-37-
• 8. LOADING — UNLOADING. Equipment must be brought in through either the
Theater loading dock, the Studio loading area, or main entrance doors. Vehicles must be
moved when unloading and loading is complete. Vehicles will be towed at Renters
expense, if parked in loading zone area or in assigned parking spaces. Driving or
parking on the sidewalk is not allowed.
9. CITY, COUNTY, STATE AND FEDERAL LAWS. The Tenant/Renting
Organization/Individual in conduction of any performance, public or private meeting or
in giving any lecture, concert, class, or other event shall conform to, comply with and
abide by all laws of the United States and the State of Minnesota, the rules and
regulations of all Federal and State Boards and Bureaus, the ordinances of Hennepin
County, the City of Hopkins and the regulations of the Fire Departments, Board of
Health, and Police Department.
Alcohol Policy
1. All Tenants/Renting Organizations/Individuals distributing and/or consuming alcohol in
the Hopkins Center for the Arts must comply with and abide by all Federal, State and
Municipal laws and ordinances.
2. Beer, wine, and champagne may be served by the Tenant/Renting Org./Individual if the
• event is by invitation only and closed to the public, and there is no monetary exchange for
the alcohol or the event. Monetary exchange includes donations, tips, and advance or at
the door ticket sales. The Tenant/Renting Organization/Individual must meet special
insurance requirements.
3. If the Tenant/Renting Org./Individual would like to have a cash bar to serve alcohol, or to
charge admission to an event, the Renting Organization/Individual is required to hire the
services of one of the Arts Center approved caterers. This caterer must provide both the
food and alcohol. Please request this list if you will be serving alcohol at a cash bar.
4. If alcohol is being served security must be present at the event. The Hopkins Center
for the Arts will designate and arrange this service from the time the distribution of
alcohol begins until the end of the event. The Tenant/Renting Organization/Individual
will directly pay the Arts Center at the hourly rate of $25.00 per hour, minimum four
hours, per security personnel. The security fee is subject to change. The Hopkins Center
for the Arts reserves the right to determine the number and placement of security
personnel.
5. Alcoholic beverage service will end no later than 11:30 p.m.
6. Alcohol must stay in the designated rental space. The Renting Organization/Individual
will be responsible for making sure its guests follow this policy.
•
WE
0 Food Catering Policies
The catering kitchen at the Hopkins Center for the Arts is intended for catering purposes
only. This area is not intended to be used for cooking of any food products.
2. The following products are prohibited in the Hopkins Center for the Arts:
Red punch Popcorn Chewing Gum
3. Catering areas must be left in a clean condition following each event.
4. Food and beverages must be kept in the rented room or space. Food and beverages are
not allowed in the theater or dance studio.
5. All loading and unloading must be done in the designated loading zone. The loading
zone is not a parking area. All trucks must be unloaded and then parked in a designated
parking zone.
6. Deliveries of supplies must be approved by and arranged with the Scheduling
Coordinator.
7. Supplies must be removed by the event end time unless approved by and arranged with
the Scheduling Coordinator.
• 8. The Hopkins Center for the Arts and the City of Hopkins are not responsible for articles
left unattended or overnight.
9. The Hopkins Center for the Arts is a non-smoking facility. The caterer's employees
will abide by this policy and smoke only in the designated smoking area.
10. The caterer shall comply with all laws and regulations related to the preparation and
disposal of food and shall procure at its expense all permits and licenses required by law
or regulation for the operation of catering services. The caterer will furnish the
Hopkins Center for the Arts with a copy of these permits or licenses.
11. Caterers will at all times have, and keep in force, at its expense, workers' compensation
and employers' liability, automobile liability, and professional liability insurance
covering any injury caused by any act or omission on the part of the caterer in the
performance of or with relation to any of the work or services provided to be performed
or furnished by the caterer. The caterer will furnish the Hopkins Center for the Arts
with a copy of its certificate of liability insurance.
12. Caterers shall be deemed to be an independent contractor and not an employee of the
Hopkins Center for the Arts, or the City of Hopkins. Any and all agents, servants, or
employees of the contractor or other persons, while engaged in the performance of any
work or services required to be performed by the Hopkins Center for the Arts, or the
City of Hopkins, its agents, servants, employees or other persons, shall in no way be the
obligation or responsibility of the Hopkins Center for the Arts, or the City of Hopkins.
The contractor, its agents, servants, or employees shall be entitled to none of the rights,
privileges or benefits of the Hopkins Center for the Arts or the City of Hopkins.
-39-
n
U
HOPKINS CENTER FOR THE ARTS
Payment Schedule
Exhibit H
Schedule of Monthly Rent Payments based on Stages
Rent:,," on hl
JAM nth y
Year of
STC Fiscal Year Monthly Cumulative
Payment Payments
August*
2012 12,488.05
September*
Nov & December
$24,976.10
12,488.05
$12,488.05
12,488.05
December
2012
January
12,795.84
• February
12,795.84
March
2013
153,550.08
12, 795.84
$12,795.84
1
2014
158,156.52
13,179.71
2
2015
162,901.20
13,575.10
3
2016
167,788.20
13,982.35
4
2017
172,821.84
14,401.82
5
2018
178,006.44
14,833.87
6
2019
183,346.68
15,278.89
7
2020
188,847.12
15,737.26
8
2021
194,512.56
16,209.38
9
2022
200,347.92
16,695.66
10
Lease term ends
12/31/2022
2023
206,358.36
17,196.53
11
Renewal option term_
commences 1/01/23
2024
212,549.16
17,712.43
12
2025
218,925.60
18,243.80
13
2026
225,493.32
18,791.11
14
2027
135,483.88
19,354.84
15
Renewal option term
ends
July 31, 2027
Schedule of Monthly Rent Payments based on Stages
Theatre Company's Fiscal Years
Month
STC Fiscal Year Monthly Cumulative
Payment Payments
August*
2012 12,488.05
September*
12,488.05
October*
12,488.05
November
12,488.05
December
12,488.05
January
12,795.84
• February
12,795.84
March
12,795.84
- April
12, 795.84
•
•
•
May
June
July
Month
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
STC Fiscal Year
2013
2014
2015
2016
-41 -
12,795.84
12, 795.84
12,795.84
152,011.13
Monthly
Payment
12,795.84
12,795.84
12,795.84
12,795.84
12,795.84
13,179.71
13,179.71
13,179.71
13,179.71
13,179.71
13,179.71
13,179.71
156,237.17
13,179.71
13,179.71
13,179.71
13,179.71
13,179.71
13,575.10
13,575.10
13,575.10
13,575.10
13,575.10
13,575.10
13,575.10
160,924.25
13,575.10
13,575.10
13,575.10
13,575.10
13,575.10
13,982.35
13,982.35
13,982.35
13,982.35
13,982.35
13,982.35
13,982.35
165,751.95
13, 982.35
13, 982.35
13,982.35
13,982.35
13, 982.35
14,401.82
14,401.82
152,011.13
Cumulative
Payments
308,248.30
469,172.55
634,924.50
March
14,401.82
April
14,401.82
May
14,401.82
June
14,401.82
July
14,401.82
170,724.49
Month STC Fiscal Year
Monthly
Payment
September
14,401.82
October
14,401.82
November
14,401.82
December
14,401.82
January
14,833.87
February
14,833.87
March
14,833.87
April
14,833.87
May
14,833.87
June
14,833.87
July
14,833.87
175,846.19
August 2018
14,833.87
September
14,833.87
October
14,833.87
November
14,833.87
December
14,833.87
January
15,278.89
February
15,278.89
March
15,278.89
April
15,278.89
May
15,278.89
June
15,278.89
July
15,278.89
181,121.58
August 2019
15,278.89
September
15,278.89
October
15,278.89
November
15,278.89
December
15,278.89
January
15,737.26
February
15,737.26
March
15,737.26
April
15,737.26
May
15,737.26
June
15,737.26
July
15,737.26
186,555.27
August 2020
15, 737.26
• September 15,737.26
October 15,737.26
November 15,737.26
December 15,737.26
-42-
805,648.99
Cumulative
Payments
981,495.19
1,162,616.77
1,349,172.03
January
16,209.38
• February
16,209.38
March
16,209.38
April
16,209.38
May
16,209.38
June
16,209.38
July
16,209.38
192,151.96
Month
STC Fiscal Year
Monthly
Payment
August
2021
16,209.38
September
16,209.38
October
16,209.38
November
16,209.38
December
16,209.38
January
16,695.66
February
16,695.66
March
16,695.66
April
16,695.66
May
16,695.66
June
16,695.66
July
16,695.66
197,916.52
August
2022
16,695.66
September
16,695.66
• October
16,695.66
November
16,695.66
December
16,695.66
January
17,196.53
February
17,196.53
March
17,196.53
April
17,196.53
May
17,196.53
June
17,196.53
July
17,196.53
203,854.01
August
2023
17,196.53
September
17,196.53
October
17,196.53
November
17,196.53
December
17,196.53
January
17,712.43
February
17,712.43
March
17,712.43
April
17,712.43
May
17,712.43
June
17,712.43
July
17,712.43
•
209,969.66
August
2024
17,712.43
September
17,712.43
October
17,712.43
-43-
1,541,323.99
Cumulative
Payments
1,739,240.51
1,943,094.52
2,153,064.18
November
17,712.43
December
17,712.43
January
18,243.80
February
18,243.80
March
18,243.80
April
18,243.80
May
18,243.80
June
18,243.80
July
18,243.80
216,268.75
2,369,332.93
Month STC Fiscal Year
Monthly
Cumulative
Payment
Payments
August 2025
18,243.80
September
18,243.80
October
18,243.80
November
18,243.80
December
18,243.80
January
18,791.11
February
18,791.11
March
18,791.11
April
18,791.11
May
18,791.11
June
18,791.11
July
18,791.11
222,756.77
2,592,089.70
• August 2026
18,791.11
September
18,791.11
October
18,791.11
November
18,791.11
December
18,791.11
January
19,354.84
February
19,354.84
March
19, 354.84
April
19,354.84
May
19, 354.84
June
19,354.84
July
19,354.84
229,439.43
2,821,529.14
CJ
* Note: Payments in August, September, and October of 2012 are applied to the previous
lease with the City of Hopkins.
-44-
HOPKINS CENTER FOR THE ARTS
Project Equipment
Exhibit I
1. Architectural Lighting Control System, main stage
a. 1 ea L86 ARW Control Program Module
b. 5 ea DAS 3100-4 Preset Station
c. 2 ea DAS -LCD House control station
2. Dimmer Rack, main stage
a. 2 ea SR48 Dimmer Enclosure
b. 91 ea D20 Dual 20a Dimmer Module
c. 5 ea Air Flow Module
3. Electrical Raceways, main stage
a. 1 ea Connector Strip, 46'-0" long with 30 ea 2 p+g, 18"
pigtails
b. 2 ea Connector Strip, 46'-0" long with 44 each 2p+g, 18"
pigtails
• c. 2 ea Connector Strip, 12"-0" long with 7 ea 2 p+g, 18"
pigtails
d. 2ea Flush Mount 4 Circuit Outlet Box
e. 4 ea Surface Mount 6 Circuit Outlet Box
f. 2 ea Pipe Mount 4 Circuit Outlet Box with 42" pigtails
g. 3 ea Flush Mount 3 Circuit Outlet Box
h. 14 ea Pipe Mount 3 Circuit Outlet Box with 36" pigtails
i. 1 ea Pipe Mount S Circuit Outlet Box with 24" pigtails
4. Lighting Instruments, main stage
a. 44 ea ETC Source 426jr Ellipsoidal
b. 14 ea ETC Source 436jr Ellipsoidal
c. 9 ea ETC Source 419 Ellipsoidal
d. 7 ea ETC Source 426 Ellipsoidal
e. 12 ea Altman #65Q 6" Fresnel
5. Lighting Instruments, studio
a. 3 ea ETC Source 426jr Ellipsoidal
b. 18 ea ETC Source 436jr Ellipsoidal
6. Sound Boards, main stage
a. 1 ea CS -3 DDA 24X4 Audio Console
• 7. Sound Boards, studio
a. 1 ea Diamond Pro Studio Master (8/3)
-45-
8. Other Sound Equipment, main stage:
a. 3 ea GT3020 GAD 2 -Way Speaker
b. 4 ea V -900 Crest Power Amp
c. 2 ea V -450 Crest Power Amp
d. 3 ea MQX-2310 Dual 31 Band Equalizer
e. 2 ea PD -3 A.R.T. Delay
f. 1 ea TX -37 A Gentner Transmitter
g. 15 ea RX -IA Gentner Receiver
h. 1 ea 150'24X4 Snake
1. 8 ea DP-D3F4 Microphone Junction Box
J. 1 ea MDX 2100 Composer, Comp Limiter
k. 2 ea GAR 37 RAXXESS Amp Rack
1. 1 ea PD8 Rack Mount Power Strip
m. 1 ea MS 222 Clear Com Base Station
n. 1 ea KB -IIIA Speaker Station
o. 7 ea WP2 Wall Plate
p. 2 ea CC -250 Muff Headset
q. 4 ea CC -85 Muff Headset
r. 6 ea RS -502 2 Channel Belt Pack
s. 6 ea KB -111 A Speaker Station
t. 2 ea dbx 1231 Graphic Equalizer
. u. 3 ea PLX1202 QSC Power Amps
v. 7 ea IMPACT 50 Turbosound Speaker
9. Other Sound and Lighting Equipment, studio
a. 2 ea V -650 Crest Power Amp
b. 2 ea DS -15 15" 2 Way Speaker
c. 1 ea SR24 Dimmer Enclosure
d. 24 ea D20 Dual 20a Dimmer Module
e. 1 ea L86 ARW Control Program Module
f 3 ea DAS 1002P House Control Station
g. 14 ea Pipe Mount 5 Circuit Outlet Box with 18" Pigtails (3 ea
2 p+g and 2 ea GTL)
h. 4 ea Flush Mount 2 Circuit Outlet Box
1. 1 ea Express 24/48 Memory Control Console
J. 1 ea Color Monitor
k. 2 ea QSC MPX 1202 Amp
1.2 ea Cerwin Vega 15" 2 -way speaker
10. Curtains
a. 2 ea Traveler 20 oz. velour 24'-0"h x 28'-0" w
b. 2 ea Leg 20 02 velour 24'-0" h x 18"-0" w
c. 1 ea Black Scrim 24'-0" h x 54'-0" w
• d. 1 ea White Scrim 24'-0" h x 54'-0" w
-46-