CC RES 93-033 RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND MINNESOTA SWIMMING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE ON BEHLAF OF THE CITY

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City of St. Anthony • Minnesota Swimming Lease Agreement Page 2 strikes, or conditions or events not under Landlord's control shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. ARTICLE 4. NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant or those claiming through or under Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any damage for failure to furnish services or utilities, the necessity for repairs or improvements to such services, fire, explosion, strikes, or any causes beyond Landlord's reasonable control; nor shall Landlord be liable for personal injuries, death, or any damage from any cause in or about the leased premises or the building within same are located, including the parking area, and without limiting the generality of the foregoing, any personal injuries, death or damage resulting from the use or escape of gas, water, steam, electricity, air conditioning or other agency, or due to fire, explosion or action of the elements. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the premises. Tenant • agrees to place and maintain throughout the term hereof at its sole expense, such fire and other casualty insurance covering Tenant's property as Tenant deems appropriate in Tenant's reasonable discretion. Tenant further agrees to place and maintain throughout the term hereof, comprehensive general liability insurance covering the leased premises and providing insurance coverage with minimum amounts of liability for bodily injury to one person in the amount of Five Hundred Thousand Dollars ($500,000.00) and for bodily injury to any group of persons in the amount of Five Hundred Thousand Dollars ($500,000.00) and for property damage in the amount of One Hundred Thousand Dollars ($100,000.00). Landlord and Tenant each expressly waive any right of recovery against each other for any losses caused by or resulting from any acts of negligence or carelessness of the other, to the extent that such losses might arise from fire or any other peril covered by any policy of insurance. ARTICLE 5. CARE OF PREMISES. Tenant agrees: 1) to keep the leased premises in as good condition and repair as they were in at the time Tenant took possession of same; reasonable wear and tear and damage from the fire and other casualty, for which insurance is normally procured, excepted; • 2) to keep the leased premises in a clean and sanitary condition;