RES 88-010 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH PHIL LaMERE, D/B/A BARBER STYLISTS, FOR RENTAL AT 2800 KENZIE TERRACE

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-6- 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 and 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 hereafter placed upon said premises and to any and all advances to be made thereunder, and to the interest thereon , and all renewals , replace- ments, and extensions thereof . ARTICLE 18. GENERAL. This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant , the sole relationship 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 default 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 on-ly 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 (8%) per annum. This Lease shall not be effective until executed by .all parties hereto. ARTICLE 19 . TERMINATION. It is understood and acknowledged by Tenant that the leased premises are a part of the former city hall of the City of St. Anthony and that the present city hall is located in space leased by the City from Independent School District No. 282 in a building known and referred to as the Parkview School Building. Tenant further understands and acknowledges that the lease between the School District and the City (hereinafter called the "Parkview Lease") pro- vides that in the event of substantial .damage to or destruction of a portion of the Parkview School Building, the Parkview Lease may be terminated under certain circumstances. If the Parkview Lease is termi- nated, the City may wish to reoccupy the leased premises covered by this Lease. In view of the foregoing, Tenant agrees thatif the Park- view Lease is terminated by reason of fire or other casualty , Landlord shall have the right to terminate this Lease upon thirty (30) days prior written notice to Tenant.