Preview
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
State of Minnesota District Court
County of HENNEPIN Judicial District: FOURTH
Court File Number:
Case Type: Housing
CP4 7201 Walker, LLC
Plaintiff (“Landlord”)
7201 Walker Street
St. Louis Park, MN 55426
Address
vs. Eviction Action Complaint
(Minn. Stat. § 504B.321)
BEDO, LLC, a Minnesota Liability Company
and any other occupants
Defendant(s) (“Tenant”)
7201 Walker Street, Suite 20
St. Louis Park, MN 55426
Address
______________________________________________________________________________
I, Nikolas D. Schaal, state upon oath/affirmation:
1. Landlord leased or rented to Tenant on August 1, 2022, by written agreement the
premises at: 7201 Walker Street, Suite 20, in the City of St. Louis Park, the State of Minnesota,
zip code 55426, in the County of Hennepin. The agreement was from October 1, 2022 to
September 30, 2027. The current rent due and payable under this agreement each month is
$2,575.00 due on the 1st day of the month.
2. The Landlord of the Premises is CP4 7201 Walker, LLC.
3. Landlord having present right of possession of said property has complied with
Minn. Stat. § 504B.181 by:
a. Disclosing to the Tenant either in the rental agreement or otherwise in writing
prior to beginning of the tenancy the name and address of:
i. The person authorized to manage the property AND
ii. A landlord or agent authorized by the landlord to accept service of process
and receive and give receipt for notices and demands, AND
b. Posted in a conspicuous place on the property a printed or typewritten notice
containing the above information, specifically the common area.
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
4. Landlord seeks to have the Tenant evicted for the following reasons: the Tenant is
still in possession of the above premises and has failed to pay rent or other charges, for the partial
or full months of February 2024 to March 2024, due in the total amount of $5,562.00 as of March
4, 2024, as such amount is further detailed in the attached Ledger. Past due rent and other charges
will continue to accrue from the date referenced in the attached Ledger. Landlord will seek
judgment for restitution of the premises based on all past due rent and charges owing as of the date
of the eviction hearing.
5. The Landlord seeks judgment against the above Tenant for restitution of said
premises plus costs and disbursements herein.
6. Commercial Tenant is not subject to the requirements of Minn. Stat. § 504B.321,
subd. 1a.
7. The commercial tenancy is not affected by a federal or state housing subsidy
program through project-based federal assistance payments; the Section 8 program, as defined in
Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar
program.
Verification and Affidavit of Non-Military Status
I, Nikolas D. Schaal , being sworn/affirmed, state that I am the attorney in
this action, that I have read the complaint and that it is true to the best of my knowledge; that I am
unable to verify whether Defendants are in the military service of the United States.
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27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
I declare under penalty of perjury that everything I have stated in this document is true and correct.
Minn. Stat. § 358.116.
BERNICK LIFSON, P.A.
Dated: March 14, 2024 /s/Nikolas D. Schaal
Nikolas D. Schaal (#396690)
nschaal@bernicklifson.com
Matthew D. Goldfine (#391149)
mgoldfine@bernicklifson.com
Malcolm P. Terry (#261117)
mterry@bernicklifson.com
600 Highway 169 South, Suite 1700
Minneapolis, Minnesota 55426
Telephone: (763) 546-5455
Facsimile: (763) 546-1003
Attorneys for Plaintiff
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27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
Post Date Due Date Post Month Created On Trans ID Memo Allocated Charges Taxes Payments Balance
4‐Mar‐24 4‐Mar‐24 24‐Mar Mar 04, 2024 02:39 PM GMT‐7 575525377 Late Fee ‐ Late Fee None $206.00 $5,562.00
1‐Mar‐24 1‐Mar‐24 24‐Mar Mar 01, 2024 08:02 AM GMT‐7 574543767 LLIP Program ‐ BEDO, LLC Jessica Bernier ‐ charge_id: 780447 None $10.95 $5,356.00
1‐Mar‐24 1‐Mar‐24 24‐Mar Mar 01, 2024 12:47 AM GMT‐7 574260115 Monthly Lease Rent ‐ Posted from 03/01/2024 to 03/31/2024 None $2,575.00 $5,345.05
9‐Feb‐24 9‐Feb‐24 24‐Feb Feb 09, 2024 10:48 AM GMT‐7 571485129 Late Fee ‐ Late Fee Applies Partial $206.00 $2,770.05
7‐Feb‐24 7‐Feb‐24 24‐Feb Feb 07, 2024 01:50 PM GMT‐7 571226237 Late Fee ‐ BEDO, LLC: No Late Fees, Retail space. Credited back. Full ($206.00) $2,564.05
4‐Feb‐24 4‐Feb‐24 24‐Feb Feb 03, 2024 11:19 PM GMT‐7 570382227 Late Fee Full $206.00 $2,770.05
1‐Feb‐24 1‐Feb‐24 24‐Feb Feb 01, 2024 12:39 AM GMT‐7 569165643 Monthly Lease Rent ‐ Posted from 02/01/2024 to 02/29/2024 None $2,575.00 $2,564.05
10‐Jan‐24 10‐Jan‐24 24‐Jan Jan 10, 2024 04:21 PM GMT‐7 566181290 eCheck Payment ID ‐ Captured Full ($2,781.00) ($10.95)
4‐Jan‐24 4‐Jan‐24 24‐Jan Jan 03, 2024 11:19 PM GMT‐7 564775295 Late Fee Full $206.00 $2,770.05
1‐Jan‐24 1‐Jan‐24 24‐Jan Jan 01, 2024 12:44 AM GMT‐7 563528046 Monthly Lease Rent ‐ Posted from 01/01/2024 to 01/31/2024 Full $2,575.00 $2,564.05
1‐Dec‐23 1‐Dec‐23 23‐Dec Dec 01, 2023 03:51 PM GMT‐7 559050997 eCheck Payment ID ‐ Captured Full ($2,585.95) ($10.95)
1‐Dec‐23 1‐Dec‐23 23‐Dec Dec 01, 2023 12:40 AM GMT‐7 558397548 Monthly Lease Rent ‐ Posted from 12/01/2023 to 12/31/2023 Full $2,575.00 $2,575.00
23‐Nov‐23 23‐Nov‐23 23‐Jan Jan 05, 2023 10:34 AM GMT‐7 441530235 Application Fee Full ($50.00) $0.00
23‐Nov‐23 23‐Nov‐23 23‐Jan Jan 05, 2023 10:34 AM GMT‐7 441530115 Administration Fee Full ($200.00) $50.00
6‐Nov‐23 6‐Nov‐23 23‐Nov Nov 06, 2023 04:02 PM GMT‐7 553087687 eCheck Payment ID ‐ Captured Full ($2,781.00) $250.00
4‐Nov‐23 4‐Nov‐23 23‐Nov Nov 03, 2023 11:15 PM MDT 552088621 Late Fee Full $206.00 $3,031.00
1‐Nov‐23 1‐Nov‐23 23‐Nov Nov 01, 2023 12:55 AM MDT 548620461 Monthly Lease Rent ‐ Posted from 11/01/2023 to 11/30/2023 Full $2,575.00 $2,825.00
6‐Oct‐23 6‐Oct‐23 23‐Oct Oct 06, 2023 03:43 PM MDT 540608627 eCheck Payment ID ‐ Captured Full ($2,553.10) $250.00
4‐Oct‐23 4‐Oct‐23 23‐Oct Oct 04, 2023 10:24 AM MDT 539242806 Late Fee Full ($206.00) $2,803.10
4‐Oct‐23 4‐Oct‐23 23‐Oct Oct 03, 2023 11:11 PM MDT 539049554 Late Fee Full $206.00 $3,009.10
1‐Oct‐23 1‐Oct‐23 23‐Oct Oct 01, 2023 12:43 AM MDT 535893326 Monthly Lease Rent ‐ Posted from 10/01/2023 to 10/31/2023 Full $2,575.00 $2,803.10
6‐Sep‐23 6‐Sep‐23 23‐Sep Sep 06, 2023 07:33 AM MDT 528022878 eCheck Payment ID ‐ Captured Full ($2,500.00) $228.10
4‐Sep‐23 4‐Sep‐23 23‐Sep Sep 05, 2023 01:18 PM MDT 527569634 Late Fee Full ($200.00) $2,728.10
4‐Sep‐23 4‐Sep‐23 23‐Sep Sep 03, 2023 11:06 PM MDT 526832462 Late Fee Full $200.00 $2,928.10
1‐Sep‐23 1‐Sep‐23 23‐Sep Sep 01, 2023 01:20 AM MDT 523841264 Monthly Lease Rent ‐ Posted from 09/01/2023 to 09/30/2023 Full $2,500.00 $2,728.10
2‐Aug‐23 2‐Aug‐23 23‐Aug Aug 02, 2023 07:47 AM MDT 511527978 eCheck Payment ID ‐ Captured Full ($2,510.95) $228.10
1‐Aug‐23 1‐Aug‐23 23‐Aug Aug 01, 2023 01:38 AM MDT 509827111 Monthly Lease Rent ‐ Posted from 08/01/2023 to 08/31/2023 Full $2,500.00 $2,739.05
7‐Jul‐23 7‐Jul‐23 23‐Jul Jul 07, 2023 02:57 PM MDT 501617558 eCheck Payment ID ‐ Captured Full ($2,510.95) $239.05
4‐Jul‐23 4‐Jul‐23 23‐Jul Jul 05, 2023 01:36 PM MDT 500574983 Late Fee Full ($200.00) $2,750.00
4‐Jul‐23 4‐Jul‐23 23‐Jul Jul 03, 2023 11:09 PM MDT 499961380 Late Fee Full $200.00 $2,950.00
1‐Jul‐23 1‐Jul‐23 23‐Jul Jul 01, 2023 01:25 AM MDT 497880697 Monthly Lease Rent ‐ Posted from 07/01/2023 to 07/31/2023 Full $2,500.00 $2,750.00
8‐Jun‐23 8‐Jun‐23 23‐Jun Jun 08, 2023 10:25 AM MDT 491313916 eCheck Payment ID ‐ Captured Full ($2,500.00) $250.00
5‐Jun‐23 5‐Jun‐23 23‐Jun Jun 05, 2023 09:17 AM MDT 490079853 Late Fee Full ($200.00) $2,750.00
4‐Jun‐23 4‐Jun‐23 23‐Jun Jun 03, 2023 11:07 PM MDT 489780978 Late Fee Full $200.00 $2,950.00
1‐Jun‐23 1‐Jun‐23 23‐Jun Jun 01, 2023 12:33 AM MDT 487574479 Monthly Lease Rent ‐ Posted from 06/01/2023 to 06/30/2023 Full $2,500.00 $2,750.00
30‐May‐23 30‐May‐23 23‐Jun May 30, 2023 11:11 AM MDT 486583235 eCheck Payment ID ‐ Captured Full ($2,530.00) $250.00
23‐May‐23 23‐May‐23 23‐Jun May 30, 2023 07:02 AM MDT 486453333 NSF Fee Return Item Fee ‐ fee posted Full $30.00 $2,780.00
4‐May‐23 4‐May‐23 23‐May May 04, 2023 10:08 AM MDT 480078550 Late Fee Full ($200.00) $2,750.00
4‐May‐23 4‐May‐23 23‐May May 03, 2023 11:19 PM MDT 479896992 Late Fee Full $200.00 $2,950.00
1‐May‐23 1‐May‐23 23‐May May 01, 2023 12:23 AM MDT 477730874 Monthly Lease Rent ‐ Posted from 05/01/2023 to 05/31/2023 Full $2,500.00 $2,750.00
3‐Apr‐23 3‐Apr‐23 23‐Apr Apr 03, 2023 11:29 AM MDT 470420959 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $250.00
1‐Apr‐23 1‐Apr‐23 23‐Apr Apr 01, 2023 12:31 AM MDT 468915014 Monthly Lease Rent ‐ Posted from 04/01/2023 to 04/30/2023 Full $2,500.00 $2,750.00
10‐Mar‐23 10‐Mar‐23 23‐Mar Mar 10, 2023 11:12 AM GMT‐7 463672547 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $250.00
4‐Mar‐23 4‐Mar‐23 23‐Mar Mar 06, 2023 12:29 PM GMT‐7 462610364 Late Fee Full ($200.00) $2,750.00
4‐Mar‐23 4‐Mar‐23 23‐Mar Mar 03, 2023 11:04 PM GMT‐7 461947494 Late Fee Full $200.00 $2,950.00
1‐Mar‐23 1‐Mar‐23 23‐Mar Mar 01, 2023 01:24 AM GMT‐7 459720762 Monthly Lease Rent ‐ Posted from 03/01/2023 to 03/31/2023 Full $2,500.00 $2,750.00
1‐Feb‐23 1‐Feb‐23 23‐Feb Feb 01, 2023 01:00 AM GMT‐7 450355708 Monthly Lease Rent ‐ Posted from 02/01/2023 to 02/28/2023 Full $2,500.00 $250.00
25‐Jan‐23 25‐Jan‐23 23‐Feb Jan 25, 2023 10:53 AM GMT‐7 447380823 Check 21 Payment CK# ‐ Captured Full ($2,500.00) ($2,250.00)
4‐Jan‐23 4‐Jan‐23 23‐Jan Jan 05, 2023 10:33 AM GMT‐7 441528568 Late Fee Full ($200.00) $250.00
4‐Jan‐23 4‐Jan‐23 23‐Jan Jan 03, 2023 11:01 PM GMT‐7 440649635 Late Fee Full $200.00 $450.00
1‐Jan‐23 1‐Jan‐23 23‐Jan Jan 01, 2023 01:13 AM GMT‐7 438076250 Monthly Lease Rent ‐ Posted from 01/01/2023 to 01/31/2023 Full $2,500.00 $250.00
6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:22 PM GMT‐7 430288681 Security Deposit Full ($300.00) ($2,250.00)
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:18 PM GMT‐7 430282518 Check Payment CK# ‐ BEDO LLC, 1st Months' Rent Check Full ($2,500.00) ($1,950.00)
6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:15 PM GMT‐7 430280145 Check Payment CK# ‐ BEDO LLC, Security Deposit Amount Full ($2,813.77) $550.00
4‐Dec‐22 4‐Dec‐22 22‐Dec Dec 06, 2022 12:42 PM GMT‐7 430226362 Late Fee Full ($200.00) $3,363.77
4‐Dec‐22 4‐Dec‐22 22‐Dec Dec 03, 2022 11:03 PM GMT‐7 429021338 Late Fee Full $200.00 $3,563.77
1‐Dec‐22 1‐Dec‐22 22‐Dec Dec 01, 2022 12:29 AM GMT‐7 426229398 Monthly Lease Rent ‐ Posted from 12/01/2022 to 12/31/2022 Full $2,500.00 $3,363.77
30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850341 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $863.77
30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850340 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $3,363.77
30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850306 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $5,863.77
23‐Nov‐22 23‐Nov‐22 22‐Nov Nov 23, 2022 12:57 PM GMT‐7 423322921 Jessica Bernier, BEDO, LLC ‐ Application Completed Administration Fee ‐ Posted‐ Administration Fee Full $200.00 $8,363.77
23‐Nov‐22 23‐Nov‐22 22‐Nov Nov 23, 2022 12:57 PM GMT‐7 423322920 Jessica Bernier, BEDO, LLC ‐ Application Completed Application Fee ‐ Posted‐ Application Fee Full $50.00 $8,163.77
1‐Nov‐22 1‐Nov‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083716 Monthly Lease Rent ‐ Posted from 11/01/2022 to 11/30/2022 Full $2,500.00 $8,113.77
1‐Oct‐22 1‐Oct‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083715 Monthly Lease Rent ‐ Posted from 10/01/2022 to 10/31/2022 Full $2,500.00 $5,613.77
30‐Sep‐22 30‐Sep‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083714 Security Deposit Move In ‐ fee posted‐ Security Deposit Full $300.00 $3,113.77
3‐Aug‐22 3‐Aug‐22 22‐Dec Dec 06, 2022 02:15 PM GMT‐7 430280496 Security Deposit Full $2,813.77 $2,813.77
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
ARRIVE ST. LOUIS PARK - OFFICE LEASE
SUMMARY OF BASIC LEASE INFORMATION
The undersigned hereby agree to the following terms of this Summary of Basic Lease Information (the “Summary”). This Summary is
hereby incorporated into and made a part of the attached Short Form Office Lease (this Summary, the Short Form Office Lease and Exhibits A. B, C,
and D attached hereto shall be known collectively as the “Lease”) which pertains to the "Building" or “Project” (as defined below). Each reference
in the Short Form Office Lease to any term of this Summary shall have the meaning as set forth in this Summary for such term. In the event of a
conflict between the terms of this Summary and the Short Form Office Lease, the terms of the Short Form Office Lease shall prevail. Any
capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Lease.
TERMS OF LEASE /DESCRIPTION .
1. Effective Date: As of C CdZ| A4T / 2022
2. Landlord: CP4 7201 Walker, LLC, a Delaware limited liability company
3. Tenant: BEDO, LLC, a Minnesota limited liability company
4. Building; Premises; Project
(Article 1).
4.1 Premises: Approximately 3,400 rentable square feet of space located in the Building located at 7201
Walker Street, St. Louis Park, MN, and commonly known as Suite 20 as further set forth in
Exhibit A to the Office Lease.
4.2 Buildings: That certain office building (the "Building") containing 3,400 rentable square feet of space
and located at 7201 Walker Street, St. Louis Park, MN. The square footage of the Building is
subject to adjustment, at any time and without notice, due to re-measure by Landlord’s
architect, as set forth in Article 1.
4.3 Project: The Building is a component of the Project known as "Arrive St. Louis," a residential
property as further set forth in Article 1 of this Lease.
5. Term (Article 2).
5.1 Lease Term: Sixty (60) full calendar months
5.2 Lease October 1, 2022
Commencement
Date:
5.3 Lease Expiration September 30, 2027
Date:
5.4 Rent
October 1, 2022
Commencement
Date:
Landlord shall deliver the Premises to the Tenant on September 1, 2022, provided that the
5.5 Delivery Lease has been folly executed, and, Tenant has provided Landlord with the following: (i)
Requirements: Certificate of Insurance pursuant to Section 10.3 herein, and, (it) Payment of the Security
Deposit and First Months’ Rent, totaling $5,313.77. The terms and conditions of this Lease
shall apply to Tenant’s use and occupancy of the Premises from the date Tenant first occupies
the Premises, notwithstanding the fact that the Lease Term of the Lease and Tenant’s
obligation to pay rent may occur at a subsequent date.
October 1, 2022 - September 30, 2023 $2,500.00 per month
6. Base Rent
October 1, 2023 - September 30, 2024 $2,575.00 per month
(Article 3)
October 1, 2024 - September 30, 2025 $2,652.25 per month
October 1, 2025 - September 30, 2026 $2,731.82 per month
October 1, 2026 - September 30, 2027 $2,813.77 per month
7. Permitted Use Tenant shall use the Premises solely for general office use and uses incidental thereto to the
(Article 6): extent the same are legally permissible, comply with applicable laws and zoning, and are
otherwise consistent with the character of the Project as a first-class office building project
8. Security Deposit
$2,8 13.77, payable upon the full execution of this Lease.
(Article 21):
9. Address of Tenant: Address of Landlord:
(Article 1 8): (Article 18):
CP4 7201 Walker, LLC
BEDO, LLC
2082 Michelson Drive, Suite 350-7
3495 Northdale Blvd. NW,
#200
Irvine, CA 92612
Attention: Commercial - Lease Administration
Coon Rapids, MN 55448
10. Address for Payment of Rent:
CP4 7201 Walker, LLC
(Article 3):
7201 Walker Street, St. Louis Park, MN 55426
619486.02/WLA
TR91 1-009/7-234)7 eg eg
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
11. Brokers
Representing Landlord - Christianson & Co.
(Section 28.8):
Representing Tenant - RG Realty
12. Parking: First come, first served basis. Landlord permits Tenant the option to lease up to two (2)
underground, reserved parking spaces for $50.00 per month, per space.
6 1 9486.02/WLA
2
T89I I -009/7-23-07.'eg eg
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
ARRIVE ST. LOUIS PARK - SHORT FORM OFFICE LEASE
1. BUILDING & PREMISES. Upon and subject to the terms, covenants, and conditions hereinafter set forth in this Lease, Landlord hereby
leases to Tenant and Tenant hereby leases from Landlord the Premises set forth in Section 4.1 of the Summary (the ’'Premises”), which Premises are
located in the “Building,” as that term is defined in this Article 1, and which Premises shall be deemed for all purposes to contain the amount of
rentable square feet set forth in such Article 4. The outline of the floor plan of the Premises is set forth in Exhibit A attached hereto. The taking of
possession of the Premises by Tenant shall conclusively establish that die Premises and the Building were at such time in good and sanitary order,
condition, and repair. The term "Building," as used in this Lease, shall mean (a) the building set forth in Section 4.2 of the Summary, and (b) the
land (which is improved with landscaping, parking facilities and other improvements) upon which the Building is located, also known as the Project.
Tenant is hereby granted the right to the non-exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or
common areas located within the Building; provided, however, that the manner in which such public and common areas are maintained and operated
shall be at the sole discretion of Landlord and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from
time to time. Landlord reserves the right to make alterations or additions to, to change the location of elements of, or to reduce or expand the
Building and the common areas thereof. Tenant hereby acknowledges and agrees that (i) Tenant has thoroughly examined the Premises, (ii) Tenant
hereby accepts the Premises in its “as is” condition, and (iii) Landlord shall not be obligated to provide or pay for any improvement work or services
related to the improvement of the Premises other than outlined on Exhibit B. Tenant also acknowledges that Landlord has made no representation or
warranty regarding the condition of the Premises or the Building.
2. LEASE TERM. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this
Lease relating to the payment of Rent. The term of this Lease (the "Lease Term”) shall be as set forth in Section 5.1 of the Summary and shall
commence on the date (the "Lease Commencement Date”) set forth in Section 5.2 of the Summary and shall terminate on the date (the "Lease
Expiration Date") set forth in Section 5.3 of the Summary, unless this Lease is sooner terminated pursuant to the express terms and conditions of
this Lease.
2.1 Option Right. Landlord hereby grants the Original Tenant one (1) option to extend the Lease Tenn for the entire Premises by a
period of five (5) years (the “Option Term”). Such option shall be exercisable only by written notice delivered by Tenant to Landlord as provided
below, provided that, as of the date of delivery of such notice, (i) Tenant is not then in default under this Lease (beyond any applicable notice and
cure periods) or (ii) Tenant’s financial condition has not suffered a material, adverse change during the immediately preceding twelve (12) month
period.
2.2 Option Rent. The “Rent” as that term is defined in Section 3 of this Lease, payable by Tenant during the Option Term (the
“Option Rent”) shall be at the Fair Market Value.
2.3 Exercise of Option. The option contained in this Section 2. 1 shall be exercised by Tenant, if at all, only in the manner set forth in
this Section 2.3, Tenant shall deliver written notice (the “Intent Notice”) to Landlord no later than thirty (30) days prior to the expiration of the
initial Lease Expiration, stating that Tenant is interested in exercising its option. On or before the date which is the later to occur of (i) thirty (30)
days following its receipt of such Intent Notice, or (ii) after receiving the Intent Notice, the date which is eight (8) months prior to the expiration of
the initial Lease Term, Landlord shall deliver to Tenant a written notice (the “Option Rent Notice”) to Tenant, setting forth Landlord’s
determination of the Option Rent. Within ten (10) business days of its receipt of the Option Rent Notice, Tenant may, at its option, either (A) deliver
written, notice (the “Exercise Notice”) to Landlord, which Exercise Notice shall state that Tenant is exercising its option and accepting the Option
Rent, or (B) otherwise elect not to so exercise such option. If Tenant does not timely and affirmatively exercise the option contained in this 2.3 by
delivering the Exercise Notice pursuant to the TCC's of the foregoing sentence, Tenant shall be deemed not to have exercise such option, and the
option shah terminate and be of no further force or effect.
3. BASE RENT. Tenant shall pay, without notice or demand, to Landlord at such other place as Landlord may from time to time designate in
writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America,
the base rent (“Base Rent") as set forth in Section 6 of the Summary, payable in advance on or before the first day of each and every month during
the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time
of Tenant’s execution of this Lease. All amounts due under this Lease other than Base Rent shall be referred to herein as "Additional Rent" and
Base Rent and Additional Rent shall be collectively referred to herein as "Rent".
4. ADDITIONAL RENT. All amounts due under this Lease other than Base Rent shall be referred to herein as "Additional Rent" and Base
Rent and Additional Rent shall be collectively referred to herein as "Rent". Additional Rent includes the following:
4.1 - 4.2.2 Intentionally deleted - All Operating Expenses, including Tax, Insurance, and Common Area costs are included in the
Base Rent.
4.2.3 Intentionally deleted - All Common Area Utility Costs for the Project are included in the Base Rent.
4.2.4 Intentionally deleted
4.2.5 Intentionally deleted
4.2.6 Tenant shall pay, when due and before any delinquency, (to the assessing authority, if directly assessed against Tenant, or to
Landlord, if assessed against Landlord or the Building within ten (10) days of Landlord’s demand); (i) all taxes and assessments levied against any
personal property or trade fixtures of Tenant in or about the Premises; and (ii) any sales, use excise tax or other tax imposed, assessed or levied in
connection with Tenant’s payment of Rent hereunder.
4.2.7 Tenant shall contract directly and pay for any janitorial services for the Premises or Tenant shall have the option to clean the
Premises utilizing its own staff. Landlord to provide janitorial service for the Common Areas three (3) times per week
4.2.8 Intentionally deleted
5. COMMON AREAS. Common Areas shall mean, as they may from time to time exist, those portions of the Landlord's Land, the Project
designated as such by Landlord from time to time (including, without limitation, any offsite parking areas, if any which, Landlord may establish for
parking use by the employees and/or customers and invitees of the tenant in the Project) which are exclusive of gross leasable area and other areas
which are set aside as the exclusive use areas of Landlord or its designees. Landlord shall have or reserves the right at any time to redesignate,
modify, expand, reduce, and change the Common Areas and to use and permit uses thereof as do not materially and adversely affect Tenant’s use of
the Premises. In all events, Landlord shall not be liable to Tenant, and Tenant hereby waives any claim against Landlord, for (i) any unauthorized or
criminal entry of third parties into tire Premises, Landlord’s Land, or the Project (ii) any damage to persons or property, or (iii) any loss of property in
and about the Premises or the Project, by and from any unauthorized or criminal acts of third parties, regardless of any action, inaction, failure,
breakdown, malfunction or insufficiency of the security services provided by Landlord.
6. USE OF PREMISES. Tenant shall use the Premises solely for the “Permitted Use,” as that term is defined in Section 7 of the Summary,
and Tenant shall not use or permit the Premises to be used for any other purpose or purposes whatsoever without the prior written consent of
Landlord, which may be withheld in Landlord’s sole discretion. Tenant covenants and agrees that it shall not use, or suffer or permit any person or
persons to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations promulgated by Landlord from time to
6 1 9486.02/WLA 3
T891 1 -009/7-23-07eg'eg
27-CV-24-3876
Filed in District Court
State of Minnesota
3/14/2024 11:28 AM
time ("Rules and Regulations"), or in violation of the laws of the United States of America, the State of Minnesota, or the ordinances, regulations or
requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building. Tenant shall
faithfully observe and comply with the Rules and Regulations.
6.1 Prohibition on Hazardous Substances. The term "Hazardous Substance" as used in this Lease shall mean any product, substance,
chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or
effect, either by itself or in combination with other materials on the Premises, is either: (i) potentially injurious to the public health, safety or welfare,
the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for liability of Landlord to any
governmental agency or third party under any applicable statute or common law theory. Hazardous Substance shall include, but not be limited to,
hydrocarbons, petroleum, gasoline, crude oil or any products, byproducts or fractions thereof. Tenant represents and warrants to Landlord that
Tenant's business and all activities to be performed by Tenant in, on or about the Premises shall comply with all Applicable Laws respecting
Hazardous Substances and Tenant agrees to change any such activity or install any equipment, safety devices, pollution control systems and/or other
installations as may be required at any time during the Lease Term to comply therewith. Tenant shall not cause or permit any Hazardous Substance
to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent
of Landlord. Without limitation upon the other provisions of this Lease, if the presence of any Hazardous Substance on the Premises caused or
permitted by Tenant results in any contamination of rhe Premises and/or adjacent property, Tenant shall promptly take all actions at its sole expense
as are necessary to return the Premises and/or adjacent property to the condition existing prior to the introduction of any such Hazardous Substance to
the Premises and/or adjacent property; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be
unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or
adjacent property.
6.2.1 Dmv to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance, or a
condition involving or resulting from same, has come to be located in, on, under or about the Premises, other than as previously consented to by
Landlord, Tenant shall immediately give written notice of such fact to Landlord. Tenant shall also immediately give Landlord a copy of any
statement, report, notice, registration, application, permit, business plan, license, claim, action or proceeding given to, or received from, any
governmental authority or private party, or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of, or
exposure to, any Hazardous Substance or contamination in, on, or about the Premises.
6.2.2 Indemnification. Tenant shall indemnify, protect, defend and hold harmless Landlord, its agents, representatives,
employees, lenders and ground landlord, if any, from and against any and all damages, liabilities, judgments, costs, claims, loss, liens, expenses,
penalties, permits and attorneys’ and consultants' fees arising during or after the Lease Term out of any Hazardous Substance or storage tank caused
or permitted by Tenant to be located on the Premises or otherwise caused to be located upon the Premises during the Lease Term. Tenant's
obligations under this Paragraph 6 shall include, but not be limited to, the effects of any contamination or injury to person, property or the
environment created or suffered by Tenant, and the cost of investigation (including consultants' and attorneys' fees and testing), removal,
remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of
this Lease. No termination, cancellation, or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under
this Lease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Landlord in writing at the time of such agreement.
6.3 Interruption of Use. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for Tenant’s
failure to obtain, or for any failure to furnish or delay in furnishing, any service (including telephone and telecommunication services), or for any
diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or
improvements, by any strike, lockout or other labor trouble, by governmental action, by epidemic, pandemic or disease, by inability to secure
electricity, gas, water, or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of
Tenant or other parties, or by any other cause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance
of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease.
7. REPAIRS & MAINTENANCE. Tenant shall, subject to Landlord’s obligations hereinafter provided, at all times during the lease term,
and at Tenant’s sole cost and expense, keep, maintain and repair the Premises in a good and sanitary order.
Landlord shall maintain in good repair (including replacements thereof, when necessary) at Landlord’s sole expense the Project, Building, and
Premises, including, but not limited to, the exterior, window systems, sidewalks, downspouts, HVAC units, electrical systems and lighting, gutters,
plumbing and pipes and roof of the Building containing the Premises. Landlord shall maintain all grounds, including landscaping and snow removal
from parking areas and sidewalks, provide pest control services, fire protection, refuse dumpster, and other maintenance tasks consistent with the
ownership and management of a first-class property. Tenant agrees that it will not, nor will it authorize any person to, go onto the roof of the
Building without the prior written consent of Landlord. Said consent will be given only upon Landlord’s satisfaction that any repairs necessitated as a
result of Tenant’s actions will be made by Tenant at Tenant’s expense and will be made in such a manner so as not to invalidate any guarantee
relating to said roof. Landlord shall also, at Landlord’s cost, shall furnish a kitchen area, washroom facility, gym, spa and steam room, not within the
Premises, for use by Tenant in common with other occupant and tenants in the Building, and, Landlord shall also furnish electricity and municipal
water for the Premises, so long as the Premises are not separately metered for electricity. Landlord shall provide Tenant with applicable codes and
keys for access to the Premises.
8. ADDITIONS & ALTERATIONS. Tenant may not make any improvements, alterations, additions, or changes to the Premises during the
Lease Term without the consent of Landlord, which consent may be granted, withheld, or conditioned in the sole and absolute discretion of Landlord.
All improvements, fixtures and/or equipment which currently exist or may be installed or placed in or about the Premises, and all signs installed in,
on or about the Premises, from time to time, shall be and become the property of Landlord, except that Tenant may remove any improvements,
fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds provided
to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal.
9. COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever,
whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Building or Premises, and any and all liens and
encumbrances created by Tenant shall attach to Tenant’s interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or
materialmen or others to be placed against the Building or the Premises with respect to work or services claimed to have been performed for or
materials claimed to have been furnished to Tenant or the Premises, and, in case of any such lien attaching or notice of any lien, Tenant covenants
and agrees to cause it to be immediately released and removed of record. Notwithstanding anything to the contrary set forth in this Lease, in the
event that such lien is not released and removed on or before the date notice of su
Preview
27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM State of Minnesota District Court County of HENNEPIN Judicial District: FOURTH Court File Number: Case Type: Housing CP4 7201 Walker, LLC Plaintiff (“Landlord”) 7201 Walker Street St. Louis Park, MN 55426 Address vs. Eviction Action Complaint (Minn. Stat. § 504B.321) BEDO, LLC, a Minnesota Liability Company and any other occupants Defendant(s) (“Tenant”) 7201 Walker Street, Suite 20 St. Louis Park, MN 55426 Address ______________________________________________________________________________ I, Nikolas D. Schaal, state upon oath/affirmation: 1. Landlord leased or rented to Tenant on August 1, 2022, by written agreement the premises at: 7201 Walker Street, Suite 20, in the City of St. Louis Park, the State of Minnesota, zip code 55426, in the County of Hennepin. The agreement was from October 1, 2022 to September 30, 2027. The current rent due and payable under this agreement each month is $2,575.00 due on the 1st day of the month. 2. The Landlord of the Premises is CP4 7201 Walker, LLC. 3. Landlord having present right of possession of said property has complied with Minn. Stat. § 504B.181 by: a. Disclosing to the Tenant either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of: i. The person authorized to manage the property AND ii. A landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands, AND b. Posted in a conspicuous place on the property a printed or typewritten notice containing the above information, specifically the common area. 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM 4. Landlord seeks to have the Tenant evicted for the following reasons: the Tenant is still in possession of the above premises and has failed to pay rent or other charges, for the partial or full months of February 2024 to March 2024, due in the total amount of $5,562.00 as of March 4, 2024, as such amount is further detailed in the attached Ledger. Past due rent and other charges will continue to accrue from the date referenced in the attached Ledger. Landlord will seek judgment for restitution of the premises based on all past due rent and charges owing as of the date of the eviction hearing. 5. The Landlord seeks judgment against the above Tenant for restitution of said premises plus costs and disbursements herein. 6. Commercial Tenant is not subject to the requirements of Minn. Stat. § 504B.321, subd. 1a. 7. The commercial tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar program. Verification and Affidavit of Non-Military Status I, Nikolas D. Schaal , being sworn/affirmed, state that I am the attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that I am unable to verify whether Defendants are in the military service of the United States. 2 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. BERNICK LIFSON, P.A. Dated: March 14, 2024 /s/Nikolas D. Schaal Nikolas D. Schaal (#396690) nschaal@bernicklifson.com Matthew D. Goldfine (#391149) mgoldfine@bernicklifson.com Malcolm P. Terry (#261117) mterry@bernicklifson.com 600 Highway 169 South, Suite 1700 Minneapolis, Minnesota 55426 Telephone: (763) 546-5455 Facsimile: (763) 546-1003 Attorneys for Plaintiff 3 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM Post Date Due Date Post Month Created On Trans ID Memo Allocated Charges Taxes Payments Balance 4‐Mar‐24 4‐Mar‐24 24‐Mar Mar 04, 2024 02:39 PM GMT‐7 575525377 Late Fee ‐ Late Fee None $206.00 $5,562.00 1‐Mar‐24 1‐Mar‐24 24‐Mar Mar 01, 2024 08:02 AM GMT‐7 574543767 LLIP Program ‐ BEDO, LLC Jessica Bernier ‐ charge_id: 780447 None $10.95 $5,356.00 1‐Mar‐24 1‐Mar‐24 24‐Mar Mar 01, 2024 12:47 AM GMT‐7 574260115 Monthly Lease Rent ‐ Posted from 03/01/2024 to 03/31/2024 None $2,575.00 $5,345.05 9‐Feb‐24 9‐Feb‐24 24‐Feb Feb 09, 2024 10:48 AM GMT‐7 571485129 Late Fee ‐ Late Fee Applies Partial $206.00 $2,770.05 7‐Feb‐24 7‐Feb‐24 24‐Feb Feb 07, 2024 01:50 PM GMT‐7 571226237 Late Fee ‐ BEDO, LLC: No Late Fees, Retail space. Credited back. Full ($206.00) $2,564.05 4‐Feb‐24 4‐Feb‐24 24‐Feb Feb 03, 2024 11:19 PM GMT‐7 570382227 Late Fee Full $206.00 $2,770.05 1‐Feb‐24 1‐Feb‐24 24‐Feb Feb 01, 2024 12:39 AM GMT‐7 569165643 Monthly Lease Rent ‐ Posted from 02/01/2024 to 02/29/2024 None $2,575.00 $2,564.05 10‐Jan‐24 10‐Jan‐24 24‐Jan Jan 10, 2024 04:21 PM GMT‐7 566181290 eCheck Payment ID ‐ Captured Full ($2,781.00) ($10.95) 4‐Jan‐24 4‐Jan‐24 24‐Jan Jan 03, 2024 11:19 PM GMT‐7 564775295 Late Fee Full $206.00 $2,770.05 1‐Jan‐24 1‐Jan‐24 24‐Jan Jan 01, 2024 12:44 AM GMT‐7 563528046 Monthly Lease Rent ‐ Posted from 01/01/2024 to 01/31/2024 Full $2,575.00 $2,564.05 1‐Dec‐23 1‐Dec‐23 23‐Dec Dec 01, 2023 03:51 PM GMT‐7 559050997 eCheck Payment ID ‐ Captured Full ($2,585.95) ($10.95) 1‐Dec‐23 1‐Dec‐23 23‐Dec Dec 01, 2023 12:40 AM GMT‐7 558397548 Monthly Lease Rent ‐ Posted from 12/01/2023 to 12/31/2023 Full $2,575.00 $2,575.00 23‐Nov‐23 23‐Nov‐23 23‐Jan Jan 05, 2023 10:34 AM GMT‐7 441530235 Application Fee Full ($50.00) $0.00 23‐Nov‐23 23‐Nov‐23 23‐Jan Jan 05, 2023 10:34 AM GMT‐7 441530115 Administration Fee Full ($200.00) $50.00 6‐Nov‐23 6‐Nov‐23 23‐Nov Nov 06, 2023 04:02 PM GMT‐7 553087687 eCheck Payment ID ‐ Captured Full ($2,781.00) $250.00 4‐Nov‐23 4‐Nov‐23 23‐Nov Nov 03, 2023 11:15 PM MDT 552088621 Late Fee Full $206.00 $3,031.00 1‐Nov‐23 1‐Nov‐23 23‐Nov Nov 01, 2023 12:55 AM MDT 548620461 Monthly Lease Rent ‐ Posted from 11/01/2023 to 11/30/2023 Full $2,575.00 $2,825.00 6‐Oct‐23 6‐Oct‐23 23‐Oct Oct 06, 2023 03:43 PM MDT 540608627 eCheck Payment ID ‐ Captured Full ($2,553.10) $250.00 4‐Oct‐23 4‐Oct‐23 23‐Oct Oct 04, 2023 10:24 AM MDT 539242806 Late Fee Full ($206.00) $2,803.10 4‐Oct‐23 4‐Oct‐23 23‐Oct Oct 03, 2023 11:11 PM MDT 539049554 Late Fee Full $206.00 $3,009.10 1‐Oct‐23 1‐Oct‐23 23‐Oct Oct 01, 2023 12:43 AM MDT 535893326 Monthly Lease Rent ‐ Posted from 10/01/2023 to 10/31/2023 Full $2,575.00 $2,803.10 6‐Sep‐23 6‐Sep‐23 23‐Sep Sep 06, 2023 07:33 AM MDT 528022878 eCheck Payment ID ‐ Captured Full ($2,500.00) $228.10 4‐Sep‐23 4‐Sep‐23 23‐Sep Sep 05, 2023 01:18 PM MDT 527569634 Late Fee Full ($200.00) $2,728.10 4‐Sep‐23 4‐Sep‐23 23‐Sep Sep 03, 2023 11:06 PM MDT 526832462 Late Fee Full $200.00 $2,928.10 1‐Sep‐23 1‐Sep‐23 23‐Sep Sep 01, 2023 01:20 AM MDT 523841264 Monthly Lease Rent ‐ Posted from 09/01/2023 to 09/30/2023 Full $2,500.00 $2,728.10 2‐Aug‐23 2‐Aug‐23 23‐Aug Aug 02, 2023 07:47 AM MDT 511527978 eCheck Payment ID ‐ Captured Full ($2,510.95) $228.10 1‐Aug‐23 1‐Aug‐23 23‐Aug Aug 01, 2023 01:38 AM MDT 509827111 Monthly Lease Rent ‐ Posted from 08/01/2023 to 08/31/2023 Full $2,500.00 $2,739.05 7‐Jul‐23 7‐Jul‐23 23‐Jul Jul 07, 2023 02:57 PM MDT 501617558 eCheck Payment ID ‐ Captured Full ($2,510.95) $239.05 4‐Jul‐23 4‐Jul‐23 23‐Jul Jul 05, 2023 01:36 PM MDT 500574983 Late Fee Full ($200.00) $2,750.00 4‐Jul‐23 4‐Jul‐23 23‐Jul Jul 03, 2023 11:09 PM MDT 499961380 Late Fee Full $200.00 $2,950.00 1‐Jul‐23 1‐Jul‐23 23‐Jul Jul 01, 2023 01:25 AM MDT 497880697 Monthly Lease Rent ‐ Posted from 07/01/2023 to 07/31/2023 Full $2,500.00 $2,750.00 8‐Jun‐23 8‐Jun‐23 23‐Jun Jun 08, 2023 10:25 AM MDT 491313916 eCheck Payment ID ‐ Captured Full ($2,500.00) $250.00 5‐Jun‐23 5‐Jun‐23 23‐Jun Jun 05, 2023 09:17 AM MDT 490079853 Late Fee Full ($200.00) $2,750.00 4‐Jun‐23 4‐Jun‐23 23‐Jun Jun 03, 2023 11:07 PM MDT 489780978 Late Fee Full $200.00 $2,950.00 1‐Jun‐23 1‐Jun‐23 23‐Jun Jun 01, 2023 12:33 AM MDT 487574479 Monthly Lease Rent ‐ Posted from 06/01/2023 to 06/30/2023 Full $2,500.00 $2,750.00 30‐May‐23 30‐May‐23 23‐Jun May 30, 2023 11:11 AM MDT 486583235 eCheck Payment ID ‐ Captured Full ($2,530.00) $250.00 23‐May‐23 23‐May‐23 23‐Jun May 30, 2023 07:02 AM MDT 486453333 NSF Fee Return Item Fee ‐ fee posted Full $30.00 $2,780.00 4‐May‐23 4‐May‐23 23‐May May 04, 2023 10:08 AM MDT 480078550 Late Fee Full ($200.00) $2,750.00 4‐May‐23 4‐May‐23 23‐May May 03, 2023 11:19 PM MDT 479896992 Late Fee Full $200.00 $2,950.00 1‐May‐23 1‐May‐23 23‐May May 01, 2023 12:23 AM MDT 477730874 Monthly Lease Rent ‐ Posted from 05/01/2023 to 05/31/2023 Full $2,500.00 $2,750.00 3‐Apr‐23 3‐Apr‐23 23‐Apr Apr 03, 2023 11:29 AM MDT 470420959 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $250.00 1‐Apr‐23 1‐Apr‐23 23‐Apr Apr 01, 2023 12:31 AM MDT 468915014 Monthly Lease Rent ‐ Posted from 04/01/2023 to 04/30/2023 Full $2,500.00 $2,750.00 10‐Mar‐23 10‐Mar‐23 23‐Mar Mar 10, 2023 11:12 AM GMT‐7 463672547 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $250.00 4‐Mar‐23 4‐Mar‐23 23‐Mar Mar 06, 2023 12:29 PM GMT‐7 462610364 Late Fee Full ($200.00) $2,750.00 4‐Mar‐23 4‐Mar‐23 23‐Mar Mar 03, 2023 11:04 PM GMT‐7 461947494 Late Fee Full $200.00 $2,950.00 1‐Mar‐23 1‐Mar‐23 23‐Mar Mar 01, 2023 01:24 AM GMT‐7 459720762 Monthly Lease Rent ‐ Posted from 03/01/2023 to 03/31/2023 Full $2,500.00 $2,750.00 1‐Feb‐23 1‐Feb‐23 23‐Feb Feb 01, 2023 01:00 AM GMT‐7 450355708 Monthly Lease Rent ‐ Posted from 02/01/2023 to 02/28/2023 Full $2,500.00 $250.00 25‐Jan‐23 25‐Jan‐23 23‐Feb Jan 25, 2023 10:53 AM GMT‐7 447380823 Check 21 Payment CK# ‐ Captured Full ($2,500.00) ($2,250.00) 4‐Jan‐23 4‐Jan‐23 23‐Jan Jan 05, 2023 10:33 AM GMT‐7 441528568 Late Fee Full ($200.00) $250.00 4‐Jan‐23 4‐Jan‐23 23‐Jan Jan 03, 2023 11:01 PM GMT‐7 440649635 Late Fee Full $200.00 $450.00 1‐Jan‐23 1‐Jan‐23 23‐Jan Jan 01, 2023 01:13 AM GMT‐7 438076250 Monthly Lease Rent ‐ Posted from 01/01/2023 to 01/31/2023 Full $2,500.00 $250.00 6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:22 PM GMT‐7 430288681 Security Deposit Full ($300.00) ($2,250.00) 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM 6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:18 PM GMT‐7 430282518 Check Payment CK# ‐ BEDO LLC, 1st Months' Rent Check Full ($2,500.00) ($1,950.00) 6‐Dec‐22 6‐Dec‐22 22‐Dec Dec 06, 2022 02:15 PM GMT‐7 430280145 Check Payment CK# ‐ BEDO LLC, Security Deposit Amount Full ($2,813.77) $550.00 4‐Dec‐22 4‐Dec‐22 22‐Dec Dec 06, 2022 12:42 PM GMT‐7 430226362 Late Fee Full ($200.00) $3,363.77 4‐Dec‐22 4‐Dec‐22 22‐Dec Dec 03, 2022 11:03 PM GMT‐7 429021338 Late Fee Full $200.00 $3,563.77 1‐Dec‐22 1‐Dec‐22 22‐Dec Dec 01, 2022 12:29 AM GMT‐7 426229398 Monthly Lease Rent ‐ Posted from 12/01/2022 to 12/31/2022 Full $2,500.00 $3,363.77 30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850341 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $863.77 30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850340 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $3,363.77 30‐Nov‐22 30‐Nov‐22 22‐Dec Nov 30, 2022 03:52 PM GMT‐7 425850306 Check 21 Payment CK# ‐ Captured Full ($2,500.00) $5,863.77 23‐Nov‐22 23‐Nov‐22 22‐Nov Nov 23, 2022 12:57 PM GMT‐7 423322921 Jessica Bernier, BEDO, LLC ‐ Application Completed Administration Fee ‐ Posted‐ Administration Fee Full $200.00 $8,363.77 23‐Nov‐22 23‐Nov‐22 22‐Nov Nov 23, 2022 12:57 PM GMT‐7 423322920 Jessica Bernier, BEDO, LLC ‐ Application Completed Application Fee ‐ Posted‐ Application Fee Full $50.00 $8,163.77 1‐Nov‐22 1‐Nov‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083716 Monthly Lease Rent ‐ Posted from 11/01/2022 to 11/30/2022 Full $2,500.00 $8,113.77 1‐Oct‐22 1‐Oct‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083715 Monthly Lease Rent ‐ Posted from 10/01/2022 to 10/31/2022 Full $2,500.00 $5,613.77 30‐Sep‐22 30‐Sep‐22 22‐Dec Nov 29, 2022 03:28 PM GMT‐7 425083714 Security Deposit Move In ‐ fee posted‐ Security Deposit Full $300.00 $3,113.77 3‐Aug‐22 3‐Aug‐22 22‐Dec Dec 06, 2022 02:15 PM GMT‐7 430280496 Security Deposit Full $2,813.77 $2,813.77 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM ARRIVE ST. LOUIS PARK - OFFICE LEASE SUMMARY OF BASIC LEASE INFORMATION The undersigned hereby agree to the following terms of this Summary of Basic Lease Information (the “Summary”). This Summary is hereby incorporated into and made a part of the attached Short Form Office Lease (this Summary, the Short Form Office Lease and Exhibits A. B, C, and D attached hereto shall be known collectively as the “Lease”) which pertains to the "Building" or “Project” (as defined below). Each reference in the Short Form Office Lease to any term of this Summary shall have the meaning as set forth in this Summary for such term. In the event of a conflict between the terms of this Summary and the Short Form Office Lease, the terms of the Short Form Office Lease shall prevail. Any capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Lease. TERMS OF LEASE /DESCRIPTION . 1. Effective Date: As of C CdZ| A4T / 2022 2. Landlord: CP4 7201 Walker, LLC, a Delaware limited liability company 3. Tenant: BEDO, LLC, a Minnesota limited liability company 4. Building; Premises; Project (Article 1). 4.1 Premises: Approximately 3,400 rentable square feet of space located in the Building located at 7201 Walker Street, St. Louis Park, MN, and commonly known as Suite 20 as further set forth in Exhibit A to the Office Lease. 4.2 Buildings: That certain office building (the "Building") containing 3,400 rentable square feet of space and located at 7201 Walker Street, St. Louis Park, MN. The square footage of the Building is subject to adjustment, at any time and without notice, due to re-measure by Landlord’s architect, as set forth in Article 1. 4.3 Project: The Building is a component of the Project known as "Arrive St. Louis," a residential property as further set forth in Article 1 of this Lease. 5. Term (Article 2). 5.1 Lease Term: Sixty (60) full calendar months 5.2 Lease October 1, 2022 Commencement Date: 5.3 Lease Expiration September 30, 2027 Date: 5.4 Rent October 1, 2022 Commencement Date: Landlord shall deliver the Premises to the Tenant on September 1, 2022, provided that the 5.5 Delivery Lease has been folly executed, and, Tenant has provided Landlord with the following: (i) Requirements: Certificate of Insurance pursuant to Section 10.3 herein, and, (it) Payment of the Security Deposit and First Months’ Rent, totaling $5,313.77. The terms and conditions of this Lease shall apply to Tenant’s use and occupancy of the Premises from the date Tenant first occupies the Premises, notwithstanding the fact that the Lease Term of the Lease and Tenant’s obligation to pay rent may occur at a subsequent date. October 1, 2022 - September 30, 2023 $2,500.00 per month 6. Base Rent October 1, 2023 - September 30, 2024 $2,575.00 per month (Article 3) October 1, 2024 - September 30, 2025 $2,652.25 per month October 1, 2025 - September 30, 2026 $2,731.82 per month October 1, 2026 - September 30, 2027 $2,813.77 per month 7. Permitted Use Tenant shall use the Premises solely for general office use and uses incidental thereto to the (Article 6): extent the same are legally permissible, comply with applicable laws and zoning, and are otherwise consistent with the character of the Project as a first-class office building project 8. Security Deposit $2,8 13.77, payable upon the full execution of this Lease. (Article 21): 9. Address of Tenant: Address of Landlord: (Article 1 8): (Article 18): CP4 7201 Walker, LLC BEDO, LLC 2082 Michelson Drive, Suite 350-7 3495 Northdale Blvd. NW, #200 Irvine, CA 92612 Attention: Commercial - Lease Administration Coon Rapids, MN 55448 10. Address for Payment of Rent: CP4 7201 Walker, LLC (Article 3): 7201 Walker Street, St. Louis Park, MN 55426 619486.02/WLA TR91 1-009/7-234)7 eg eg 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM 11. Brokers Representing Landlord - Christianson & Co. (Section 28.8): Representing Tenant - RG Realty 12. Parking: First come, first served basis. Landlord permits Tenant the option to lease up to two (2) underground, reserved parking spaces for $50.00 per month, per space. 6 1 9486.02/WLA 2 T89I I -009/7-23-07.'eg eg 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM ARRIVE ST. LOUIS PARK - SHORT FORM OFFICE LEASE 1. BUILDING & PREMISES. Upon and subject to the terms, covenants, and conditions hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises set forth in Section 4.1 of the Summary (the ’'Premises”), which Premises are located in the “Building,” as that term is defined in this Article 1, and which Premises shall be deemed for all purposes to contain the amount of rentable square feet set forth in such Article 4. The outline of the floor plan of the Premises is set forth in Exhibit A attached hereto. The taking of possession of the Premises by Tenant shall conclusively establish that die Premises and the Building were at such time in good and sanitary order, condition, and repair. The term "Building," as used in this Lease, shall mean (a) the building set forth in Section 4.2 of the Summary, and (b) the land (which is improved with landscaping, parking facilities and other improvements) upon which the Building is located, also known as the Project. Tenant is hereby granted the right to the non-exclusive use of the common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located within the Building; provided, however, that the manner in which such public and common areas are maintained and operated shall be at the sole discretion of Landlord and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to make alterations or additions to, to change the location of elements of, or to reduce or expand the Building and the common areas thereof. Tenant hereby acknowledges and agrees that (i) Tenant has thoroughly examined the Premises, (ii) Tenant hereby accepts the Premises in its “as is” condition, and (iii) Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises other than outlined on Exhibit B. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises or the Building. 2. LEASE TERM. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term”) shall be as set forth in Section 5.1 of the Summary and shall commence on the date (the "Lease Commencement Date”) set forth in Section 5.2 of the Summary and shall terminate on the date (the "Lease Expiration Date") set forth in Section 5.3 of the Summary, unless this Lease is sooner terminated pursuant to the express terms and conditions of this Lease. 2.1 Option Right. Landlord hereby grants the Original Tenant one (1) option to extend the Lease Tenn for the entire Premises by a period of five (5) years (the “Option Term”). Such option shall be exercisable only by written notice delivered by Tenant to Landlord as provided below, provided that, as of the date of delivery of such notice, (i) Tenant is not then in default under this Lease (beyond any applicable notice and cure periods) or (ii) Tenant’s financial condition has not suffered a material, adverse change during the immediately preceding twelve (12) month period. 2.2 Option Rent. The “Rent” as that term is defined in Section 3 of this Lease, payable by Tenant during the Option Term (the “Option Rent”) shall be at the Fair Market Value. 2.3 Exercise of Option. The option contained in this Section 2. 1 shall be exercised by Tenant, if at all, only in the manner set forth in this Section 2.3, Tenant shall deliver written notice (the “Intent Notice”) to Landlord no later than thirty (30) days prior to the expiration of the initial Lease Expiration, stating that Tenant is interested in exercising its option. On or before the date which is the later to occur of (i) thirty (30) days following its receipt of such Intent Notice, or (ii) after receiving the Intent Notice, the date which is eight (8) months prior to the expiration of the initial Lease Term, Landlord shall deliver to Tenant a written notice (the “Option Rent Notice”) to Tenant, setting forth Landlord’s determination of the Option Rent. Within ten (10) business days of its receipt of the Option Rent Notice, Tenant may, at its option, either (A) deliver written, notice (the “Exercise Notice”) to Landlord, which Exercise Notice shall state that Tenant is exercising its option and accepting the Option Rent, or (B) otherwise elect not to so exercise such option. If Tenant does not timely and affirmatively exercise the option contained in this 2.3 by delivering the Exercise Notice pursuant to the TCC's of the foregoing sentence, Tenant shall be deemed not to have exercise such option, and the option shah terminate and be of no further force or effect. 3. BASE RENT. Tenant shall pay, without notice or demand, to Landlord at such other place as Landlord may from time to time designate in writing, in currency or a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, the base rent (“Base Rent") as set forth in Section 6 of the Summary, payable in advance on or before the first day of each and every month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. All amounts due under this Lease other than Base Rent shall be referred to herein as "Additional Rent" and Base Rent and Additional Rent shall be collectively referred to herein as "Rent". 4. ADDITIONAL RENT. All amounts due under this Lease other than Base Rent shall be referred to herein as "Additional Rent" and Base Rent and Additional Rent shall be collectively referred to herein as "Rent". Additional Rent includes the following: 4.1 - 4.2.2 Intentionally deleted - All Operating Expenses, including Tax, Insurance, and Common Area costs are included in the Base Rent. 4.2.3 Intentionally deleted - All Common Area Utility Costs for the Project are included in the Base Rent. 4.2.4 Intentionally deleted 4.2.5 Intentionally deleted 4.2.6 Tenant shall pay, when due and before any delinquency, (to the assessing authority, if directly assessed against Tenant, or to Landlord, if assessed against Landlord or the Building within ten (10) days of Landlord’s demand); (i) all taxes and assessments levied against any personal property or trade fixtures of Tenant in or about the Premises; and (ii) any sales, use excise tax or other tax imposed, assessed or levied in connection with Tenant’s payment of Rent hereunder. 4.2.7 Tenant shall contract directly and pay for any janitorial services for the Premises or Tenant shall have the option to clean the Premises utilizing its own staff. Landlord to provide janitorial service for the Common Areas three (3) times per week 4.2.8 Intentionally deleted 5. COMMON AREAS. Common Areas shall mean, as they may from time to time exist, those portions of the Landlord's Land, the Project designated as such by Landlord from time to time (including, without limitation, any offsite parking areas, if any which, Landlord may establish for parking use by the employees and/or customers and invitees of the tenant in the Project) which are exclusive of gross leasable area and other areas which are set aside as the exclusive use areas of Landlord or its designees. Landlord shall have or reserves the right at any time to redesignate, modify, expand, reduce, and change the Common Areas and to use and permit uses thereof as do not materially and adversely affect Tenant’s use of the Premises. In all events, Landlord shall not be liable to Tenant, and Tenant hereby waives any claim against Landlord, for (i) any unauthorized or criminal entry of third parties into tire Premises, Landlord’s Land, or the Project (ii) any damage to persons or property, or (iii) any loss of property in and about the Premises or the Project, by and from any unauthorized or criminal acts of third parties, regardless of any action, inaction, failure, breakdown, malfunction or insufficiency of the security services provided by Landlord. 6. USE OF PREMISES. Tenant shall use the Premises solely for the “Permitted Use,” as that term is defined in Section 7 of the Summary, and Tenant shall not use or permit the Premises to be used for any other purpose or purposes whatsoever without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Tenant covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations promulgated by Landlord from time to 6 1 9486.02/WLA 3 T891 1 -009/7-23-07eg'eg 27-CV-24-3876 Filed in District Court State of Minnesota 3/14/2024 11:28 AM time ("Rules and Regulations"), or in violation of the laws of the United States of America, the State of Minnesota, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building. Tenant shall faithfully observe and comply with the Rules and Regulations. 6.1 Prohibition on Hazardous Substances. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products, byproducts or fractions thereof. Tenant represents and warrants to Landlord that Tenant's business and all activities to be performed by Tenant in, on or about the Premises shall comply with all Applicable Laws respecting Hazardous Substances and Tenant agrees to change any such activity or install any equipment, safety devices, pollution control systems and/or other installations as may be required at any time during the Lease Term to comply therewith. Tenant shall not cause or permit any Hazardous Substance to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord. Without limitation upon the other provisions of this Lease, if the presence of any Hazardous Substance on the Premises caused or permitted by Tenant results in any contamination of rhe Premises and/or adjacent property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises and/or adjacent property to the condition existing prior to the introduction of any such Hazardous Substance to the Premises and/or adjacent property; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or adjacent property. 6.2.1 Dmv to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance, or a condition involving or resulting from same, has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord. Tenant shall also immediately give Landlord a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action or proceeding given to, or received from, any governmental authority or private party, or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of, or exposure to, any Hazardous Substance or contamination in, on, or about the Premises. 6.2.2 Indemnification. Tenant shall indemnify, protect, defend and hold harmless Landlord, its agents, representatives, employees, lenders and ground landlord, if any, from and against any and all damages, liabilities, judgments, costs, claims, loss, liens, expenses, penalties, permits and attorneys’ and consultants' fees arising during or after the Lease Term out of any Hazardous Substance or storage tank caused or permitted by Tenant to be located on the Premises or otherwise caused to be located upon the Premises during the Lease Term. Tenant's obligations under this Paragraph 6 shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation (including consultants' and attorneys' fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. No termination, cancellation, or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Landlord in writing at the time of such agreement. 6.3 Interruption of Use. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for Tenant’s failure to obtain, or for any failure to furnish or delay in furnishing, any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by governmental action, by epidemic, pandemic or disease, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. 7. REPAIRS & MAINTENANCE. Tenant shall, subject to Landlord’s obligations hereinafter provided, at all times during the lease term, and at Tenant’s sole cost and expense, keep, maintain and repair the Premises in a good and sanitary order. Landlord shall maintain in good repair (including replacements thereof, when necessary) at Landlord’s sole expense the Project, Building, and Premises, including, but not limited to, the exterior, window systems, sidewalks, downspouts, HVAC units, electrical systems and lighting, gutters, plumbing and pipes and roof of the Building containing the Premises. Landlord shall maintain all grounds, including landscaping and snow removal from parking areas and sidewalks, provide pest control services, fire protection, refuse dumpster, and other maintenance tasks consistent with the ownership and management of a first-class property. Tenant agrees that it will not, nor will it authorize any person to, go onto the roof of the Building without the prior written consent of Landlord. Said consent will be given only upon Landlord’s satisfaction that any repairs necessitated as a result of Tenant’s actions will be made by Tenant at Tenant’s expense and will be made in such a manner so as not to invalidate any guarantee relating to said roof. Landlord shall also, at Landlord’s cost, shall furnish a kitchen area, washroom facility, gym, spa and steam room, not within the Premises, for use by Tenant in common with other occupant and tenants in the Building, and, Landlord shall also furnish electricity and municipal water for the Premises, so long as the Premises are not separately metered for electricity. Landlord shall provide Tenant with applicable codes and keys for access to the Premises. 8. ADDITIONS & ALTERATIONS. Tenant may not make any improvements, alterations, additions, or changes to the Premises during the Lease Term without the consent of Landlord, which consent may be granted, withheld, or conditioned in the sole and absolute discretion of Landlord. All improvements, fixtures and/or equipment which currently exist or may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be and become the property of Landlord, except that Tenant may remove any improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. 9. COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record. Notwithstanding anything to the contrary set forth in this Lease, in the event that such lien is not released and removed on or before the date notice of su