SUBLEASE
1. PARTIES
This Sublease is entered into this 31st day of January, 1997, by and
between Deluxe Corporation, Sublessor, and Northstar Financial Forms,
Sublessee, at a Sublease under the Master Lease dated September 24, 1993,
entered into by St. ▇▇▇▇ Properties, Inc. as Lessor, and Sublessor under
this Sublease as Lessee; a copy of the Master Lease is attached hereto as
Exhibit "A".
2. PROVISIONS CONSTITUTING SUBLEASE
(a) This Sublease is subject to all of the terms and conditions of the
Master Lease in Exhibit "A" and Sublessee shall assume and perform the
obligations of Sublessor and Lessee in said Master Lease, to the
extent said terms and conditions are applicable to the Demised
Premises subleased pursuant to this Sublease. Sublessee shall not
commit or permit to be committed on the Demised Premises any act or
omission which shall violate any term or condition of the Master
Lease. In the event of the termination of Sublessor's interest as
Lessee under the Master Lease for any reason, then this sublease shall
terminate coincidentally therewith without any liability of Sublessor
to Sublessee.
3. PREMISES
Sublessor leases to Sublessee and Sublessee hires from Sublessor the
following described Demised Premises located at ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ within
the building described as 1230-1240 Grey Fox Road, together with the
appurtenances, situated in the City of Arden Hills, County of ▇▇▇▇▇▇, State
of Minnesota, as designated on attached Exhibit "B".
4. RENTAL
Sublessee shall pay to Sublessor as base rent for the Demised Premises in
advance on the first day of each calendar month of the term of this
Sublease without deduction, offset, prior notice, or demand in lawful money
of the United States, the sum of Seven Thousand Four Hundred Twenty Four
and 10/100 Dollars ($7,424.10). If the commencement date is not the first
day of the month, or if the Sublease termination date is not the last day
of the month, a prorated monthly installment shall be paid at the then
current rate for the fractional month during which the Sublease commences
and/or terminates. Receipt of Fourteen Thousand Eight Hundred Forty Eight
and 20/100 Dollars ($14,848.20) is hereby acknowledged for base rent for
the months of February and March 1997, and the additional amount of $ Zero
Dollars as non-interest bearing security for performance under this
Sublease. In the event Sublessee has performed all the
terms and conditions of this Sublease throughout the term, upon Sublessee
vacating the Demised Premises, the amount paid as a security deposit shall
be returned to Sublessee after first deducting any sums owing to Sublessor.
5. TERM
(a) The term of this Sublease shall be for a period of twelve (12)
commencing on February 1, 1997, and ending on January 31, 1998.
(b) In the event Sublessor is unable to deliver possession of Demised
Premises at the commencement of the term, Sublessor shall not be
liable for any damage caused thereby, nor shall this Sublease be void
or voidable but Sublessee shall not be liable for rent until such time
as Sublessor offers to deliver possession of the Demised Premises to
Sublessee, but the term hereof shall not be extended by such delay.
If Sublessee, with Sublessor's consent, takes possession prior to the
commencement of the term, Sublessee shall do so subject to all of the
covenants and conditions hereof and shall pay rent for the period
ending with the commencement of the terms at the same rental as that
prescribed for the first month of the term, prorated at the rate of
1/30th thereof per day.
6. USE
Sublessee shall use the Demised Premises for Office, Warehouse and
Fulfillment and for no other purpose without the prior written consent of
Sublessor.
Sublessee's business shall be established and conducted through the term
hereof in a first class manner. Sublessee shall not use the Demised
Premises for, or carry on, or permit to be carried on, any offensive, noisy
or dangerous trade, business, manufacture or occupation nor permit any
auction sale to be held or conducted on or about the Demised Premises.
Sublessee shall not do or suffer anything to be done upon the Demised
Premises which will cause structural injury to the Demised Premises or the
building of which the Demised Premises form a part. The Demised Premises
shall not be overloaded and no machinery, apparatus or other appliance
shall be used or operated in or upon the Demised Premises which will in any
manner injury, vibrate or shake the Demised Premises or the building of
which it is a part. No use shall be made of the Demised Premises which
will in any way impair the efficient operation of the sprinkler system (if
any) within the building containing the Demised Premises. Sublessee shall
not leave the Demised Premises unoccupied or vacant during the term. No
music instrument of any sort, or any noise making device will be operated
or allowed upon the Demised Premises for the purposed of attracting trade
or otherwise. Sublessee shall not use or permit the use of the Demised
Premises or any part thereof for any purpose which will increase the
existing rate of insurance upon the building in which the Demised Premises
are located, or cause a cancellation of any insurance policy covering the
2
building or any part thereof. If any act on the part of Sublessee or use
of the Demised Premises by Sublessee shall cause, directly or indirectly,
any increase of Sublessor's insurance expense, said additional expense
shall be paid by Sublessee to Sublessor upon demand. No such payment by
Sublessee shall limit Sublessor in the exercise of any rights or remedies,
or constitute a waiver of Sublessor's right to require Sublessee to
discontinue such act or use.
7. NOTICES
All notices or demands of any kind required or desired to be given by
Sublessor or Sublessee hereunder shall be in writing and shall be deemed
delivered forty-eight (48) hours after depositing the notice or demand in
the United States mail (certified or registered, postage prepaid),
addressed to the Sublessor or Sublessee respective at the address set forth
after their signatures at the end of this Sublease. All rent and other
payments due under this Sublease or the Master Lease shall be made by
Sublessee to Sublessor at the same address.
SUBLESSOR: SUBLESSEE:
Deluxe Corporation Northstar Financial Forms
By: By:
-------------------------------- ---------------------------
Its: Its:
------------------------------- --------------------------
Date: Date:
------------------------------ -------------------------
Address: Address:
--------------------------- ----------------------
----------------------------------- ------------------------------
Telephone No. Telephone No.
---------------------- -----------------
The undersigned, Lessor under the Master Lease attached as Exhibit "A", hereby
consents to the subletting of the Demised Premises described herein on the terms
and conditions contained in this Sublease. This consent shall apply only to
this Sublease and shall not be deemed to be a consent to any other Sublease.
LESSOR:
St. ▇▇▇▇ Properties
By:
--------------------------------
Its:
-------------------------------
Date:
------------------------------
Address:
---------------------------
-----------------------------------
Telephone No.
----------------------
3
(If Sublessor or Sublessee is a corporation, the corporate seal must be affixed
and the authorized officers must sign on behalf of the corporation. The
Sublease must be executed the President or a Vice President and the Secretary of
Assistant Secretary unless the Bylaws or a Resolution of the Board of Directors
shall otherwise provide. In which event the Bylaws or a certified copy of the
Resolution, as the case may be, must be furnished.)
4
EXHIBIT "A"
5
EXHIBIT "B"
6
EXHIBIT "C"
7
EXHIBIT "D"
8