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Agenda Packets - 2015/12/28
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Agenda Packets - 2015/12/28
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1/28/2025 4:51:49 PM
Creation date
6/19/2018 5:32:10 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/28/2015
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City Council Document Type
City Council Packets
Date
12/28/2015
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<br />13 <br />416585v5 SJR MU210-35 <br />on demand any such increase resulting therefrom, which shall be due and payable as “additional <br />rent” hereunder. At Tenant’s request, Landlord shall make available for Tenant’s inspection during <br />regular business hours, all documents pertaining to Landlord’s calculation of Tenant’s “additional <br />rent” required under this section. Said “additional rent” shall be due and payable as billed by <br />Landlord. <br /> <br /> <br />29. INVALIDATION OF PARTICULAR PROVISIONS: <br /> <br />If any clause, term or provision of this Lease, or the application thereof to any person or <br />circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond <br />financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the <br />application of such term or provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable, shall not be affected thereby, and each term and provision of this <br />Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the <br />parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid, <br />unenforceable, or not in compliance with state bond financed property requirements, there be added <br />as part of this Lease a clause, term, provision, or state bond financed property requirement similar to <br />such illegal, invalid or unenforceable clause, term, provision, or state bond financed property <br />requirement as may be possible and would be legal, valid, and enforceable. <br /> <br /> <br />30. STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND <br />COMPLIANCE: <br /> <br />The Landlord and Tenant acknowledge that funding for a portion of the Premises was <br />obtained through a grant from the State of Minnesota’s Department of Children, Families and <br />Learning, and as such, the Premises is considered state bond financed property. Landlord states and <br />Tenant, to the best of its knowledge, without inquiry agrees that the following requirements <br />contained within this Lease are included to satisfy the state bond finance property requirements of <br />Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements contained <br />in the G.O. Compliance statutes, and pursuant to the Commissioner’s Order. <br /> <br /> (a) ENTITY STATUS. The Landlord is defined as a public entity organized as a charter <br />city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal corporation. <br /> <br /> (b) DEMISED PREMISES OWNERSHIP. The Premises is owned solely and completely <br />by the Landlord, the City of Mounds View. <br /> <br /> (c) AGREEMENT AUTHORITY. The Landlord has entered into this Lease with the <br />Tenant pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal <br />Charter and Municipal Code. <br /> <br /> (d) GOVERNMENTAL PROGRAM. This Lease is (i) being executed and entered into <br />to carry out a Governmental Program, (ii) such Governmental Program is the City of Mounds View <br />Parks and Recreation Program, including the operation of the Community Center and its <br />accompanying facilities, as well as the parks within the City and general recreational programming
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