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DRAFT <br />29. INVALIDATION OF PARTICULAR PROVISIONS: <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 <br />is held invalid or unenforceable, shall not be affected thereby, and each term and provision of <br />this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention <br />of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, <br />invalid, unenforceable, or not in compliance with state bond financed property requirements, <br />there be added as part of this Lease a clause, term, provision, or state bond financed property <br />requirement similar to such illegal, invalid or unenforceable clause, term, provision, or state <br />bond financed property requirement as may be possible and would be legal, valid, and <br />enforceable. <br />30. STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND <br />COMPLIANCE: <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 <br />and 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 <br />of Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements <br />contained in the G.O. Compliance statutes, and pursuant to the Commissioner's Order. <br />(a) ENTITY STATUS. The Landlord is defined as a public entity organized as a <br />charter city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal <br />corporation. <br />(b) DEMISED PREMISES OWNERSHIP. The Premises is owned solely and <br />completely by the Landlord, the City of Mounds View. <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 />(d) GOVERNMENTAL PROGRAM. This Lease is (i) being executed and entered <br />into to carry out a Governmental Program, (ii) such Governmental Program is the City of <br />Mounds View Parks and Recreation Program, including the operation of the Community Center <br />and its accompanying facilities, as well as the parks within the City and general recreational <br />programming within the City; and (iii) such Governmental Program constitutes the Mounds <br />View Parks and Recreation Program and is authorized pursuant to Municipal Charter <br />Section 6.02, Subdivision 1, Municipal Code Section 106.05 and Chapter 405, and Minnesota <br />Statutes Section 471,15. <br />15 <br />MU2 10-35-681286.v2 <br />