03/08/1999 Council Packet - Laserfiche WebLink

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Circles Pines shall have a right to commence one or more actions to enforce the terms of this section and the commencement and prosecution of one action shall not be deemed a waiver of estoppel from commencing one or more actions from time to time in the future. All rights and remedies of Circle Pines under this lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Circle Pines under applicable law. 12. WAIVER. If, under the provisions hereof, Circle Pines shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained nor of any of Circle Pines' rights hereunder. No waiver by Circle Pines of any breach of any covenant, condition or agreement herein contained shall operate as a waiver of such covenant, condition or agreement itself, or of any subsequent breach thereof. No payment by Lino Lakes or receipt by Circle Pines of a lesser amount than the yearly installments of rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent nor shall any endorsement or statement on any check or letter accompanying a check for payment of rent be deemed an accord and satisfaction, and Circle Pines may accept such check or payment without prejudice to Circle Pines' right to recover the balance of such rent or to pursue any other remedy provided in this lease. 13. HOLDING OVER. In the event Lino Lakes continues to occupy the premises after the last day of the term herein created, and Circle Pines elects to accept rent thereafter, a tenancy from year -to -year only shall be created. 14. CIRCLE PINES' COVENANT OF TITLE AND QUIET ENJOYMENT. Circle Pines covenants and warrants that Circle Pines holds a deed covering the entire demised premises which limits the use of the premises to park purposes, and that at all times when Lino Lakes is not in default under the terms and conditions of this 5