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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ti LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made in this 31 . day of August, 1992, by and between the CITY OF ST. ANTHONY ("Lessor"), and HIGHWOOD FOOD SERVICES, INC. ("Lessee"). WITNESSETH: That Lessor in consideration of rents and covenants, hereinafter mentioned, to be paid and performed by said Lessee, does hereby demise, lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, the following described premises situated in the City of St. Anthony, County of Hennepin, State of Minnesota, to-wit (the "Leased Premises"): The ground floor kitchen space in the building (the "Building") at 2700 Highway 88, St. Anthony, Minnesota shown cross-hatched on the floor plan drawing attached to this Lease as page one of Exhibit A (comprising approximately 507 square feet), together with the basement storage and office space in the Building shown* cross-hatched on the drawing attached to this Lease as page two of Exhibit A (comprising approximately 267 square feet); together with the use Lessor's table and seating area in the Building, to be used by Lessee in accordance with the provisions of this Lease in common with Lessor's use of such area in conjunction with Lessor's operation of a bar in the Building. TO HAVE AND TO HOLD the Leased Premises ASIS, without any liability, or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about Leased Premises or the Building, or the equipment, fixtures, plumbing, appliances, or machinery in, upon or serving same, or the streets, alleys, areas, area-ways or passages adjoining or appurtenant thereto, for the term of five years and fifteen days from and after the 16th day of September, 1992 through the 30th day of September, 1997, both dates inclusive, for the following purposes and for no other purposes, to-wit: The Leased Premises will be used only for a restaurant and storage of inventory in connection therewith. Lessee agrees to operate a restaurant from the Leased Premises at all times during the term of this Lease on all days Lessor's bar in the Building is open for business unless prevented from doing so by fire, accident, acts of God or other acts beyond Lessee's control, excluding financial causes, and Lessee agrees to continuously operate the restaurant on said days for no less than the hours between (a) 11:00 A.M. and 10:00 P.M. on Mondays and Tuesday, (b) 11:00 A.M. and 11:00 P.M. on Wednesdays, Thursdays and • Fridays, and (c) 8:00 A.M. and 11:00 P.M. on Saturdays, all with normal table service,