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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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merchandise and all revenue derived from business conducted in the Leased <br /> Premises kept according to sound accounting principles. Lessee will keep excise tax <br /> reports, state sales tax reports (including quarterly and annual reports with <br /> information necessary to isolate sales from the Leased Premises), business and <br /> occupation tax reports, gross income tax reports, general ledgers, other financial <br /> registers or books of original entry such as are customarily kept and maintained in <br /> the restaurant business in the Minneapolis/St. Paul metro area, and monthly <br /> financial statements. Such records will be retained for at least two years after the <br /> expiration of each lease year. <br /> Lessor, or its duly authorized representatives, will have access, at all <br /> reasonable times during ordinary business hours at the above said location, to the <br /> books and sales records of the Lessee for the purpose of inspecting and auditing to <br /> verify gross sales. Lessor agrees to keep all such information confidential. If Lessor <br /> conducts an audit of gross sales and the audit establishes gross sales in an amount <br /> which exceeds the gross sales reported by Lessee by five percent (5%) or more, Lessee <br /> will promptly pay the cost of the audit. Lessor will provide Lessee with a copy of any <br /> audit conducted. <br /> 18. WAIVER OF SUBROGATION. <br /> If any property of Lessee, its agents, employees, representatives, <br /> • customers, invitees or others claiming through or under Lessee, which may be at <br /> any time in or about the Leased Premises or the Building, is damaged or destroyed, <br /> all claims against Lessor, its agents, employees, representatives and invitees and all <br /> right of subrogation of any insurance company carrying any insurance covering said <br /> loss or damage are hereby waived by Lessee. <br /> If any damage to or destruction of the Leased Premises or the Building <br /> occurs by causes which could be covered by standard Minnesota form fire and <br /> extended coverage insurance, all claims of Lessor against Lessee, its agents, <br /> employees, representatives and invitees for any such loss and damage and all right <br /> of subrogation of any insurance company carrying any insurance covering such loss <br /> or damage are hereby waived by Lessor. <br /> 19. NOTICE UPON DEFAULT. <br /> If Lessee defaults in its performance of any covenant or agreement <br /> contained in this Lease, the Lessor shall give Lessee written notice of such default <br /> and Lessee shall have ten (10) days in which to cure such default before Lessor may <br /> exercise its remedies outlined above. <br /> • -10- <br />
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