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[W917.1ym <br />(e) GOVERNMENTAL PROGRAM OVERSIGHT. The Landlord has accepted <br />financing through a Government Bonding Program. If required by the State for compliance <br />purposes, Tenant will provide the State the right to inspect and audit Tenant's books and records <br />for its operations at the Premises, with each such review to show the program budget, revenues <br />and expenses. <br />(f) TERM OF THE USE AGREEMENT. As the Premises consists of land and <br />buildings, the term of this Lease as provided herein relating to the building and improvements, <br />and including all renewals which are solely at the option the Tenant, is for a period of time which <br />is less then 50% of the useful life of the Premises. <br />(g) TERMINATION OF THE USE AGREEMENT. This Lease allows for <br />termination by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the <br />Tenant. The termination of this Lease is also allowed by the Landlord, pursuant to <br />Section 16.13, in the event that the Governmental Program is terminated or changed. <br />(h) COST OF OPERATION OF THE FACILITY ("PREMISES"). The Landlord <br />possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City's <br />Municipal Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05 <br />and Chapter 405, to expend monies to operate and maintain the Premises. <br />(i) RECEIPT OF MONIES/COMPLIANCE WITH TAX CODE. It is contemplated <br />and understood by the parties to this Lease that the Landlord's operation of the Premises is in <br />compliance with the tax code. <br />0) SALE OF THE FACILITY (PREMISES). <br />(i) This Lease is free of any provisions which would require the Landlord to <br />sell the Premises for an amount less than the fair market value if it is to be <br />sold to a non-public entity. <br />(ii) This Lease is free of any provisions which would allow the Landlord to <br />sell the facility (Premises) without the Landlord first determining, by <br />official action, that the Premises is no longer usable or needed to carry out <br />the Governmental Program. <br />(iii) This Lease is free of any provisions which would require the Landlord to <br />sell the Premises without first obtaining the written consent of the <br />Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695, <br />Subdivision 3, and the Commissioner's Order. <br />(iv) This Lease is free of any provisions which would cause the matter of <br />distribution of the proceeds of the sale of the Premises, which is not <br />provided for nor contemplated in this Lease, to violate the provisions <br />contained in the G.O. Compliance Bill and the Commissioner's Order <br />(Minn. Statutes Section 16A.693, Subdivision 3 and the Commissioner's <br />Order). <br />16 <br />MU210-35-681286.v2 <br />