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<br />374126 SJR MU210-5
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<br /> 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.
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<br />W I T N E S S E T H:
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<br /> In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
<br />follows:
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<br />ARTICLE I
<br />Demise of Site and Warranties
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<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”).
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<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;
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<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;
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<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
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