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OCCUPANCY AGREEMENT This Occupancy Agreement ("Agreement") is made effective as of the day of October, 2015, by 3100 Country Drive, LLC, a Minnesota Limited Liability Corporation, ("Occupant") in favor of the City of Little Canada ("City") regarding real property located at 3100 Country Drive, Little Canada, Minnesota, legally described as follows: PIN #06-29-22-11-0019 (the "Property") 1. Nature and Purpose. Occupant desires to gain occupancy to The Property prior to his closing on the acquisition of the property as outlined in a purchase agreement dated October 8, 2015 between James Schwalbach and the City of Little Canada. Occupant agrees that its possession and use of the Property shall be in the nature of a license. 2. Duration. Occupant may occupy the Property until he closed on the purchase of same or until December 31, 2015; whichever comes first. If Occupant fails to acquire the Property by December 31, 2015, .then he shall promptly vacate the Property by that date, the City may bring an eviction action to remove Occupant from the Property, and Occupant shall be liable to the City for all costs and expenses thereof, including but not limited to attorneys' fees and costs. 3. Rent. Occupant shall pay rent at the rate of $2,500 per month to be prorated to a daily basis for any partial month. If Occupant closes on the acquisition of The Property, all rent amounts received shall be applied to the selling price of The Property to reduce the amount due to City. If Occupant fails to complete the acquisition, City shall retain all rent payments. 4. Security/Damage Deposit. Occupant shall deposit $2,500 with the City upon execution of this agreement as a Security/Damage deposit. If Occupant closes on the acquisition of the property, this amount shall be applied to the selling price of The Property to reduce the amount due to City. 5. Use of the Property. The Property shall be used only for Occupant's business and for no other purpose. Occupant shall not use the Property for unlawful activity. 6. "AS IS". The City has made no representations or warranties with regard to the condition of the Property or its suitability for occupancy and use by Occupant. Occupant accepts possession of the Property "as is" and with all faults. In the event the Property is not suitable during the term of the Occupancy Agreement for occupancy and use, Occupant hereby agrees that its right to possession under this Occupancy Agreement shall terminate immediately, in which case Occupant hereby agrees to vacate the Property immediately and hereby waives any rights and claims with respect to the early vacation of the Property. 2