05-23-2018 Council Packet - Laserfiche WebLink

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OCCUPANCY AGREEMENT This Occupancy Agreement (“Agreement”) is made effective as of the ___ day of May, 2018, between Q3 Contracting, Inc., a Minnesota Corporation (“Occupant”) and the Economic Development Authority of the City of Little Canada a Minnesota Municipal Corporation (“EDA”) regarding real property located at 53 & 167 South Owasso Boulevard, Little Canada, Minnesota, legally described as follows: 53 South Owasso: Section 6, Town 29, Range 22 - The north 253 6/10 FT of S 486 1/10 FT of Part easterly of Soo Line RR R/W of NW ¼ of NW ¼ (Subject to easements) in Section 6, Town 29, Range 22. PIN # 06-29-22-22-0017 167 South Owasso: Section 6, Town, 29, Range 22 - The north 160 feet of the south 646.1 feet of the NW ¼ of the NW ¼ lying easterly of the Soo Line R/W subject to easements, Section 6, Twp 29 N. R. 22W. PIN # 06-29-22-22-0016 (the “Property”) In consideration of one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Occupant agrees as follows: 1.Nature and Purpose. Occupant is in the process of purchasing the Property and plans to close by June 30, 2018. Occupant would like to use the property before closing to facilitate staging/fabrication/assembly of work associated with underground improvements being conducted within the Public Right-Of-Way in the general vicinity of the Property. 2.Duration. Occupant may occupy the Property until midnight, June 30, 2018 or later if the Occupant completes the purchase transaction for the Property by June 30th. Should the closing not take place by June 30, 2018, then Occupant shall vacate the Property by that date. Failure to vacate will result in the EDA commencing an eviction action to remove Occupant from the Property, and Occupant shall be liable to the EDA for all costs and expenses thereof, including but not limited to attorneys’ fees and costs. 3.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. No outdoor storage shall be allowed and all activities shall occur within the buildings on the Property. 4. “AS IS”. The EDA 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