|
THIS LEASE, made as of this day of 2010, by and between the
<br /> CITY OF MOUNDS VIEW, a municipal corporation under the laws of the State of Minnesota (the
<br /> "City as Lessor and DELL -COMM, INC., a Minnesota corporation under the laws of the State of
<br /> Minnesota (the "Lessee as Lessee.
<br /> WITNESSETH:
<br /> In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
<br /> follows:
<br /> ARTICLE I
<br /> Demise of Site and Warranties
<br /> Section 1.01. Demise Subject to and upon the terms, conditions, covenants, and
<br /> undertakings hereinafter set forth, the City hereby leases to the Lessee, and the Lessee hereby leases
<br /> from the City, the property described in Exhibit A attached hereto, located in Ramsey County,
<br /> Minnesota (the "Site
<br /> Section 1.02. City Warranties The City covenants and warrants to the Lessee that the City
<br /> has good and merchantable title to the Site, has authority to enter into, execute, and deliver this
<br /> Lease, and has duly authorized the execution and delivery of this Lease;
<br /> Section 1.03. Lessee Warranties The Lessee covenants and warrants to the City that the
<br /> Lessee has authority to enter into, execute, and deliver this Lease and has duly authorized the
<br /> execution and delivery of this Lease;
<br /> Section 1.04. Environmental Covenants (a) To the best knowledge of the City, after due
<br /> inquiry: (i) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials
<br /> or substances, as defined in or governed by the provisions of any federal, state, or local law, statute,
<br /> code, ordinance, regulation, requirement, or rule relating thereto (collectively, `Environmental
<br /> Regulations and also including urea formaldehyde, polychlorinated biphenyls, asbestos, asbestos
<br /> containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and
<br /> petroleum products, or any other waste, material, substance, pollutant or contaminant which would
<br /> subject the owner of the Site to any damages, penalties, or liabilities under any applicable
<br /> Environmental Regulation (collectively, "Hazardous Substances are now or have been stored,
<br /> located, generated, produced, processed, treated transported, incorporated, discharged, emitted,
<br /> released, deposited or disposed of in, upon, under, over or from the Site in violation of any
<br /> Environmental Regulation; (ii) no threat exists of a discharge, release or emission of a Hazardous
<br /> Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a
<br /> mine, a landfill, a dump or other disposal facility, an industrial or manufacturing facility, or a
<br /> gasoline service station; (iv) no underground storage tank is located at the Site or has previously
<br /> been located therein but has been removed therefrom; (v) no violation of any Environmental
<br /> Regulation now exists relating to the Site, no notice of any such violation or any alleged violation
<br /> thereof has been issued or given by any governmental entity or agency, and there is not now any
<br /> investigation or report involving the Site by any governmental entity or agency which in any way
<br /> relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity
<br /> has given any notice of or asserted any claim, cause of action, penalty, cost, or demand for payment
<br /> 374126 SJR MU210 -5
<br /> 1
<br />
|