|
<br />
<br />
<br />
<br />374126 SJR MU210-5
<br />3
<br />ARTICLE II
<br />Term and Rent
<br />
<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 />
<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 />
<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 />
<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 />
|