RES 80-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE WITH PHIL LaMERE FOR OFFICE SPACE

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-6- top depositing and -maintaining with Landlord a sum reasonably satisfactory to Landlord to protect Landlord's interest in the leased premises from such lien, contest such lien, but if such lien. is reduced to final judgment or process thereon is not stayed, or if- stayed an( said stay expires, then and each such event Tenant shall forwith pay and discharge said judgment. Landlord shall have the right . to post and maintain on the leased premises, notices of non-responsi- bility under the laws of Minnesota. ARTICLE 17. SUBORDINATION. Tenant agrees that this Lease shall be subordinate to any mortgages or trust deeds now on or here- after placed upon said premises and to any and all advances to be made thereunder-, and to .the interest thereon, and all renewals, replacements, and extensions thereof. ARTICLE 18. GENERAL. This Lease does not create the relation- ship of principal and agent or of partnership- or of joint venture or of any association between Landlord and, Tenant, the sole relation- ship between Landlord and Tenant being that of landlord and tenant. .No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on -account of such de- fault if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an Agreement - in writing, signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. Any notice required to be served in writing hereunder shall -be- mailed to the parties at the addresses set out after their respective signatures. Any and all indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease which remains unpaid for a period of thirty (30) days after it first becomes due and payable shall bear .interest from and after the lapse of such thirty (30) day period ,at the rate of eight percent (80) per annum. This Lease shall not be effective until executed by all parties hereto. ARTICLE 19. LEASE EXTENSION. This Lease shall automatically be renewed on a month-by-month .basis after April 30 , 1981, unless either party gives a written sixty (60) day notice of termination, to be effective on or after May 1, 1981. Said .lease extension is to be at a rent and .utility fee to be established. The Tenant hereby acknowledges that the present rent payment level recognizes the amortization of the Tenant.'s investment in .remodeling and that such investment is considered fully amortized by April 30 , 1981. ARTICLE 20. OTHER PROVISIONS-. Attached as Exhibit A hereto and made a part hereof are Supplemental Provisions to this Lease relating to the following topic or topics : Diagram of leased space.