Resolution 6648 - Laserfiche WebLink

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As to Lessor: City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 ATTN: City Administrator 20. Applicable Law. This Lease shall be governed by and construed under the laws of the State of Minnesota. 21. Entire Lease. It is understood that this Lease contains all agreements, promises, and understandings between the City and Lessee and that no verbal or oral agreements, promises, or understandings are binding upon either the City or Lessee. Any addition, variation, or modification to this Lease shall be void and ineffective unless it is in writing and signed by the parties. Notwithstanding the foregoing, Lessor and Lessee agree that the provisions of paragraph 2.05(b) of the Acquisition and Relocation Agreement dated August 31, 2005 are incorporated herein by reference. 22. Enforcement and Attorneys' Fees. In the event that either parry shall institute suit to enforce any rights under this Lease the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees. Upon appeal, the prevailing party shall be entitled to recovery of court costs and reasonable attorneys' fees incurred as a result of such appeal. 23. Termination and Default. In addition to any other remedy available to the City, the City may terminate this Lease if Lessee breaches any promise, covenant, or obligation set forth in this Lease. The City shall provide Lessee with wntten notice of the intent to ternunaxe and Lessee shall have 30 days to cure any default. Except as expressly limited hereby, the City and Lessee shall each have such remedies for default of the other parry hereto as may be provided at law or equity allowing written notice of such default and failure to cure vrithin 30 days. 24. Quiet Enjoyment. Lessee, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Property subject to all pre-existing uses of the Property including operation of a golf course. Consistent with all pre-existing uses, the City shall not cause or permit any use of the Property which interferes with or impairs the integrity or highway visibility of the Billboard structure. However, the City shall have no liability arising out of use of the Property or any damage to the Billboard or other damage to Lessee in relation to the City's use. 25. General Conditions. Lease of the Property is subject to all applicable property use restrictions, zoning requirements and approvals and other applicable governmental or regulatory approvals, permits, and conditions, including specifically local approvals, including, but not limited to; maintaining an interim use permit for the Billboard. 26. Cancellation. In the event lease of the Properly for operation of Billboard or Lessee's use, operation, maintenance or repair of the Billboard on the Property is prevented by any law, regulation or governmental order, decree, or action taken by a governmental unit other than the City, either party may cancel this Lease on ninety (90) days written notice to the other with no S.TR-269112v3 MU20>-30 C-4