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Agenda Packets - 2024/11/25
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Agenda Packets - 2024/11/25
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Last modified
1/28/2025 4:51:15 PM
Creation date
11/21/2024 11:05:05 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
11/25/2024
Supplemental fields
City Council Document Type
Packets
Date
11/25/2024
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"additional rent" hereunder. At Tenant's request, Landlord shall make available for Tenant's <br /> inspection during regular business hours, all documents pertaining to Landlord's calculation of <br /> Tenant's "additional rent" required under this section. Said "additional rent" shall be due and <br /> payable as billed by Landlord. <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 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 <br /> the 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 <br /> added as part of this Lease a clause, term, provision, or state bond financed property requirement <br /> similar to such illegal, invalid or unenforceable clause, term, provision, or state bond financed <br /> property requirement as may be possible and would be legal, valid, and 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 of <br /> 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 Mounds <br /> View 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 <br /> within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and <br /> 13 <br /> 416585v5 SJR MU210-35 <br />
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