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Recreation Program and is authorized pursuant to Municipal Charter Section 6.02, Subdivision 1, <br /> Municipal Code Section 106.05 and Chapter 405, and Minnesota Statutes Section 471.15. <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,and <br /> including all renewals which are solely at the option the Tenant, is for a period of time which is <br /> less then 50% of the useful life of the Premises. <br /> (g) TERMINATION OF THE USE AGREEMENT. This Lease allows for termination <br /> by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the Tenant. The <br /> termination of this Lease is also allowed by the Landlord, pursuant to Section 16.13, in the event <br /> 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 and <br /> 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 /> (j) 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 sell <br /> the facility (Premises) without the Landlord first determining, by official <br /> action, that the Premises is no longer usable or needed to carry out the <br /> 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 /> 14 <br /> 416585v5 SJR MU210-35 <br />