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2 <br />LA515\1\936732.v3 <br />of the Use Area is with the City’s permission and is not open, continuous, notorious, or in <br />any other manner supportive of a claim of adverse possession, prescriptive easement, or other <br />entitlement to the Use Area. The parties acknowledge that this Agreement is permission to <br />use the Use Area for the purposes described herein and does not confer any estate or interest <br />in the Use Area to Focus. <br /> <br />4. Focus’s Use of the City Property. Focus shall use the Use Area only for the activities <br />described in this Agreement. Focus shall not create a nuisance or use the Use Area for any <br />illegal or immoral purposes. <br /> <br />5. Compliance With Laws. The City does not warrant that the physical condition of the Use <br />Area complies with all applicable laws, ordinances, rules and governmental regulations <br />(“Applicable Laws”). The City will not be maintaining or repairing the City Property. Focus <br />acknowledges that it accepts the Use Area and agrees to use the Use Area “AS IS” and <br />“WHERE IS” and with all defects whether known or unknown. Focus shall not be <br />responsible for repairs or corrections to restore any noncompliant issue with the Use Area. <br />Focus shall use the Use Area in compliance with all Applicable Laws regarding the Use Area <br />to the extent the Applicable Laws pertain to the particular manner in which Focus uses the <br />Use Area or to its lawful use of the Use Area, such as laws governing maximum occupancy <br />and illegal business operations. The City and Focus shall not use the City Property for the <br />storage, handling, or disposal of any Hazardous Substance, Hazardous Waste, pollutant, or <br />contaminant as those terms are defined in 42 U.S.C. § 9601 et. seq. (“CERCLA”) or <br />Minnesota Statutes Chapter 115B (“MERLA”). <br /> <br />6. Services and Utilities. Focus shall be responsible for reimbursing the City for its electric <br />utility costs associated with the City Property. Focus shall be responsible for paying the <br />costs of any Internet service required by Focus for the Use Area. The City shall be <br />responsible for cleaning and maintaining the restrooms in the Use Area. To the extent that <br />the main front entrance to the building is utilized by the City or the public to access the <br />Common Space, the City shall clear ice and snow from the entrance, parking lot, and the <br />walkway. <br /> <br />7. Focus’s Use and Care of the Use Area. Focus shall: <br /> <br />a. Keep the Use Area in good order (with the exception of the restrooms which shall <br />be cleaned and maintained by the City). <br /> <br />b. Use the rear entrance of the building to access the Use Area. <br /> <br />c. Make repairs needed to the Use Area if repairs are needed due to Focus’s sole <br />misuse or negligence. <br /> <br />d. Maintain and clean the Use Area with the exception of the restrooms. This includes <br />cleaning and depositing trash into proper receptacles. <br /> <br />e. The City shall maintain and clean the portions of the Common Space that are used <br />by the City and open to the public, including the restrooms.