11-09-2015 Council Packet - Laserfiche WebLink

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OCCUPANCY AGREEMENT This Occupancy Agreement ("Agreement") is made effective as of the _ day of November, 2015, by Rustad & Associates, Inc., a Minnesota corporation located at 329 S Owasso Blvd., Roseville, MN 55113 ("Occupant") in favor of 3100 Country Drive, LLC, a Minnesota Limited Liability Company ("Country Drive") regarding real property located at 3100 Country Drive with the PID 406-29-22-110019 ("Property"). 1. Nature and Purpose. Occupant desires to gain occupancy to The Property prior to Country Drive 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. Country Drive has executed an Occupancy Agreement with the City of Little Canada allowing it to occupy the Property. Occupant and Country Drive agree that the possession and use of the Property shall be in the nature of a license. 2. Duration. Occupant may occupy the Property for six months or until Country Drive no longer has the right to its Occupancy Agreement, whichever comes first. If Country Drive fails to acquire the Property by December 31, 2015, then Occupapt shall promptly vacate the Property by that date. If Country Drive has to bring an eviction action to remove Occupant from the Property, Occupant shall be liable to the Country Drive 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. 4. Security/Damage ]Deposit. Occupant shall deposit $2,500 with the Country Drive upon execution of this agreement as a Security/Damage deposit. 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 18". Country Drive 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. 7. Maintenance and Repair, Occupant promises to maintain, at Occupant's expense, the Property in a neat and orderly condition, including any required mowing, plowing or shoveling of snow and ice. Occupant agrees to eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Occupant or its agents or guests. Occupant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the Property. Country Drive has no responsibility for maintenance and repair of the Property during the term of this Agreement 3