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"FROM BRIGGS & MORGAN (TUE) 10. 22' 96 15:50T. 15:53/NO. 3561732477 P 3 <br /> Termination of Lease Agreement <br /> This Termination of Lease Agreement ("Agreement") made this <br /> day of October, 1996, by and between Ste. Maxie Company, a <br /> Minnesota corporation, successor in interest to Apache Plaza, Ltd. , <br /> as landlord ("Landlord") and the city of St. Anthony, Minnesota, a <br /> Minnesota municipal corporation, as tenant ("Tenant") , relating to <br /> that certain Agreement of Lease dated Tune 2, 1989 by and between <br /> Apache Plaza, Ltd. and Tenant for the leasing of certain space <br /> located in Apache Plaza Shopping Center (as the same may have been <br /> amended, the "Lease") located, in part, upon Lot 7, Block 1, Silver <br /> Lake Center, Ramsey County, Minnesota. <br /> For good and valuable consideration, Landlord and Tenant agree <br /> as follows : <br /> 1 . The Lease is terminated effective as of the date hereof. <br /> 2 . Notwithstanding said termination, this Agreement shall <br /> not release or discharge any liabilities or obligations that Tenant <br /> may have to Landlord under and pursuant to the terms and provisions <br /> of the Lease, which obligations and liabilities have arisen or <br /> accrued prior to the date hereof; provided, however, that Tenant <br /> shall have no obligation or responsibility to Landlord for the <br /> ,payment of minimum guaranteed annual rent or rent based upon gross <br /> ' sales for the period. commencing on August 'l, 1996 through the date • <br /> 'hereof. <br /> 3 . Tenant shall immediately upon removal of its personal <br /> property and trade fixtures, if any, deliver to Landlord possession <br /> of the leased premises and all keys thereto. <br /> 4 . Tenant shall, within thirty (30) days of the date hereof, <br /> remove all personal property and trade fixtures, if any, from the <br /> leased premises and repair any damage caused by the removal of such <br /> personal property and trade fixtures, at Tenant' s sole cost and <br /> expense . Notwithstanding any provision of this Agreement to the <br /> contrary, Tenant shall continue to be liable for damages or <br /> injuries caused by it or its agents or employees in the removal of <br /> such personal property and trade fixtures, or arising from its <br /> activities conducted in or about the leased premises, in accordance <br /> with the provisions of Article 3 of the Lease. <br /> in witness whereof, the parties have caused this Termination <br /> of Lease to be signed and delivered as of the day and year first <br /> above written. <br /> Ste. Marie Company, <br /> a Minnesota corporation <br /> By: • <br /> Its: <br /> 334947.1 <br />