01-25-2021 Council Packet - Laserfiche WebLink

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to ensure that Tenant has and enjoys exclusive quiet enjoyment of the use and occupancy of the Leased Premises during Tenant's Normal Business Hours, and that no ground lease, mortgage, lease or encumbrance affecting the Leased Premises is in default and that no person, corporation, partnership or other entity has a right to foreclose upon or otherwise succeed to all or any part of the title of Landlord to the Leased Premises. (b) Landlord covenants and agrees that it has full right and power to execute and perform this Lease Agreement and to grant the estate demised herein; and that Tenant, on paying Rent herein reserved and performing the covenants hereof, shall peaceably and quietly have, hold and enjoy the Leased Premises and all appurtenances during the full term of this Lease Agreement and any extension or renewal thereof, subject to the joint usage of Landlord as agreed herein. (c) Landlord has marketable title to the entire Leased Premises, has the full right to enter into this Agreement and perform hereunder and has not entered into any other option or other commitment to sell, lease or encumber all or any part of the Leased Premises. (d) The Leased Premises are connected to city water, sanitary sewer, gas, electricity and other utility services. ARTICLE 18. Corporate Authority. The person executing this Lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly authorized and existing non-profit corporation and is qualified to do business in the State of Minnesota and that the corporation has full right and authority to enter into this Lease and that each and every person signing on behalf of the corporation is authorized to do so. ARTICLE 19. Notice. All notices or requests under this Lease shall be in writing and given by certified mail or personal delivery. Notice to Landlord shall be addressed to the person and to the address at which rent has last been paid or any subsequent address with Landlord may designate from time to time in writing. Notice to Tenant shall be addressed to the address of the Leased Premises or to any subsequent address, which Tenant may designate to Landlord from time to time in writing. Properly addressed notices or letters sent by certified mail shall be deemed given and served two (2) business days after they have been deposited with the US Postal Service or any common carrier services or other reasonable entity that provides a signed receipt of delivery. Personal service shall be deemed complete upon delivery. ARTICLE 20. Waiver. No waiver of a breach of any covenants in this Lease shall be construed to be a waiver of any succeeding breach of such covenant. Any partial payment by Tenant of rent in arrears which is accepted by Landlord prior to an issuance of an order granting restitution or possession of the Leased Premises may be applied to the balance due from Tenant under this Lease Agreement, and shall not constitute a waiver of Landlord's action to recover possession of the Leased Premises for nonpayment of rent. 14