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ARTICLE H
<br /> Term and Rent
<br /> Section 2.01. Term The term of this Lease (the "Term shall commence as of the day and
<br /> year first above written, and shall end at the time set forth in Section 3.01.
<br /> Section 2.02. Rent During the Term hereof the Lessee agrees to pay to the City at
<br /> 2401 Highway 10, Mounds View, MN 55112, or at such other place as the City may from time to
<br /> time designate in writing, $1,000.00, for the year 2010 of the Term of this Lease, due and payable in
<br /> one lump sum upon execution of this Lease. Thereafter, the $1,000.00 shall be increased by three
<br /> percent (3 annually for each of the years 2011 and 2012 of the Term of this Lease, and for any
<br /> subsequent year thereafter. All rent payments other than the initial rent payment shall be made on
<br /> or before January 1 of each year of the Term of this Lease, unless this Lease is earlier terminated as
<br /> provided herein.
<br /> Section 2.03. Taxes, Other Governmental Charges and Utility Charges During the Term of
<br /> this Lease, the Lessee shall pay or cause to be paid when due all gas, water, steam, electricity, heat,
<br /> power, and other utility charges resulting from Lessee's use of such utilities and incurred in the
<br /> operation, maintenance, use, occupancy, and upkeep of the Site; provided, however, in no event
<br /> shall Lessee be responsible for paying any such charges which are used or incurred as a result of the
<br /> City's ownership of the Site or any use of the Site or utilities thereon by the City. The estimated
<br /> taxes assessed or levied against the Site for 2011 is $1,052.00. If at anytime during the Term or
<br /> extension thereof, the taxes shall increase by more than fifteen percent (15 on a cumulative basis
<br /> from the estimate for 2011, Lessee shall have the right, upon thirty (30) days notice to Lessor, to
<br /> terminate this Agreement; provided, Lessee shall be obligated to pay taxes in the year of such Term
<br /> which remain due and payable during the year Lessee terminated this Agreement which are incurred
<br /> by the City as a result of Lessee's use of the Site. Lessee shall pay all property and excise taxes and
<br /> governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied
<br /> against or with respect to the Site as the result of the Lessee's use of the Site.
<br /> Section 2.04. Easements Each party hereto will from time to time, at the request of the
<br /> other party and at their own respective cost and expense, cooperate and join with the other party:
<br /> (a) in granting easements and other rights in the nature of easements, releasing existing easements or
<br /> other rights in nature of easements which are for the benefit of the Site; (b) in executing
<br /> amendments to any covenants and restrictions affecting the Site; (c) in executing and delivering to
<br /> any person any instrument appropriate (i) to confirm or to the effect that such grant, release or
<br /> execution is not detrimental to the proper conduct of the operations of the Lessee on or in the Site,
<br /> (ii) to show the consideration, if any, being paid for such grant, release, or amendment, (iii) to show
<br /> that such grant, release, dedication, transfer, petition or amendment does not materially impair the
<br /> use of the Site or reduce the value of the Site, or (iv) to confirm that each party will remain
<br /> obligated hereunder to the same extent as if such grant, release, or amendment had not been made,
<br /> and the Lessee will perform all obligations under such instrument. The consideration, if any,
<br /> received by the City or the Lessee for such grant, release, or amendment shall be the property of the
<br /> party receiving such consideration. The Lessee shall provide access to the Site via the Knox Box
<br /> attached to the perimeter fencing enclosing the Site.
<br /> 374126 SJR MU210 -5
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