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CC RES 96-057 RESOLUTION APPROVING THE TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL
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CC RES 96-057 RESOLUTION APPROVING THE TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL
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RES 1996
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CC RES 96-057 RESOLUTION APPROVING THE TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL
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• Termination of Lease Aareement <br /> This Termination of Lease Agreement ( "Agreement" ) made as of <br /> the 13th day of November, 1996, by and between Ste. Marie Company, <br /> a Minnesota corporation, successor in interest to Apache Plaza, <br /> Ltd. , as landlord ( "Landlord" ) and the City of St. Anthony, <br /> Minnesota, a Minnesota municipal corporation, as tenant ( "Tenant" ) , <br /> relating to that certain Agreement of Lease dated June 2 , 1989 by <br /> and between Apache Plaza, Ltd. and Tenant for the leasing of <br /> certain space located in Apache Plaza Shopping Center (as the same <br /> may have been amended, the "Lease" ) located, in part, upon Lot 7, <br /> Block 1, Silver Lake Center, Ramsey County, Minnesota. <br /> For good and valuable consideration, Landlord and Tenant agree <br /> as follows : <br /> 1 . The Lease is terminated effective as of the date hereof . <br /> 2 . Notwithstanding said termination, this Agreement shall <br /> not release or discharge any liabilities or obligations that Tenant <br /> may have to Landlord under and pursuant to the terms and provisions <br /> of the Lease, which obligations and liabilities have arisen or <br /> accrued prior to the date hereof; provided, however, that Tenant <br /> shall have no obligation or responsibility to Landlord for the <br /> • payment of amounts for the following items which otherwise would <br /> have been payable under the terms of the Lease in or relating to <br /> the period from August 1, 1996 through the date hereof : (a) minimum <br /> guaranteed annual rent, (b) rent based upon gross sales, (c) real <br /> estate taxes and assessments, (d) insurance premiums, and (e) <br /> common area charges . <br /> 3 . Tenant shall immediately upon removal of its personal <br /> property and trade fixtures, if any, deliver to Landlord possession <br /> of the leased premises and all keys thereto. <br /> 4 . Tenant shall, within thirty (30) days of the date hereof, <br /> remove all personal property and trade fixtures, if any, from the <br /> leased premises and repair any damage caused by the removal of such <br /> personal property and trade fixtures, at Tenant ' s sole cost and <br /> expense . Notwithstanding any provision of this Agreement to the <br /> contrary, Tenant shall continue to be liable for damages or <br /> injuries caused by it or its agents or employees in the removal of <br /> such personal property and trade fixtures, or arising from its <br /> activities conducted in or about the leased premises, in accordance <br /> with the provisions of Article 3 of the Lease. <br /> • <br /> 334947.3 <br />
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