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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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RES 1992
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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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the direction of, Lessee, and that Lessee will not contract with anyone else for the <br /> operation or management of said restaurant. Lessee shall not sell, assign or <br /> otherwise transfer a controlling interest in the stock of Lessee without Lessor's prior <br /> written consent. <br /> 6. BANKRUPTCY. <br /> Any assignment, sale in bankruptcy or insolvency of Lessee may, at the <br /> option of the Lessor, be considered an assignment within the meaning of this Lease <br /> and as a breach of the covenants hereof. <br /> 7. LIABILITY AND RISK OF LOSS. <br /> The parties agree that Lessee will have no part in the conduct of <br /> Lessor's liquor operation in the Building, except that the parties intend to arrange <br /> for use of Lessee's employees who are serving food to also serve beer, wine and <br /> liquor on behalf of Lessor; provided that Lessee's employees shall be certified in <br /> accordance with requirements established by Lessor's liquor liability insurance <br /> carrier prior to serving any beer, wine or liquor on behalf of Lessor, and provided <br /> further that such employees shall not be deemed to be Lessor's employees as the <br /> result of any such activities. Lessor agrees that in the event that Lessee's employees <br /> are serving beer, wine or liquor, Lessee shall be named as an additional insured on <br /> Lessor's policy of liquor liability insurance, so long as such employees have been <br /> • certified in accordance with requirements established by Lessor's liquor liability <br /> insurance carrier prior to serving any beer, wine or liquor on behalf of Lessor and <br /> that if Lessor is self-insured and has filed a bond with the State of Minnesota related <br /> to such self-insurance, then Lessor shall name Lessee as an additional party on the <br /> bond. The cost of certifying Lessee's employees as provided in the foregoing <br /> provisions of this paragraph shall be paid by Lessor, except that any wages or hourly <br /> rates owing to any such employees for time spent by such employees in connection <br /> with such certification shall be paid by Lessee. <br /> Lessee agrees that Lessor shall not be liable to Lessee, or its employees, <br /> with respect to any injury or damage or loss of property sustained by Lessee, or its <br /> employees, by reason of Lessee's use of the Leased Premises, of the Building, or by <br /> use of any streets, sidewalks or other areas adjoining or appurtenant to the Leased <br /> Premised or the Building, unless such damage or loss is caused by Lessor's gross <br /> negligence or willful misconduct. Except as otherwise expressly set forth herein, <br /> Lessee assumes all risk of loss of or damage to Lessee's equipment, fixtures or other <br /> property within the Building, including without limitation any loss or damage <br /> caused by water leakage, bursting of pipes, fire, windstorm, explosion, theft, or other <br /> cause. <br /> -4- <br />
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