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2016.06.20 CC Packet
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2016.06.20 CC Packet
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City Council
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Agenda/Packets
Meeting Date
6/20/2016
Meeting Type
Regular
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e. Amendment to Section V — Use and Care of the Premises. Less shall use the <br />premises as their homestead and all lawful uses reasonably incidental to such use ("Lessee's <br />Intended Use"). Lessee shall not use the premises for the operation of a tree farm. <br />f. Amendment to Section X — Lessee Not Required to Provide Comprehensive <br />Public Lliability Insurance. Lessee is hereby no longer required to carry comprehensive <br />public liability insurance covering the premises. <br />g. Amendment to Section XI — Lessees Not Additional Insured on Lessor's <br />Insurance Policy. Lessor is hereby no longer required to name Lessee as an additional <br />insured on Lessor's insurance coverage for the home on the premises. <br />h. Amendment to Section XII — Remedies — No Early Termination Fee if Lessee <br />Default. If an Event of Default occurs, Lessor may terminate this Lease and recover <br />possession of the premises and Lessee shall not be entitled to any early termination fee(s). <br />This remedy shall be Lessor's sole remedy in the event Lessee fails to perform Lessee's <br />obligations under this Lease or fails to observe a restriction set forth in this Lease. <br />i. Amendment to Section XVI — Lessor's Option to Rebuild if Destruction. In the <br />case of the demised premises shall be destroyed, or be so injured by the elements of any <br />cause, as to be untenable and unfit for occupancy and the Lessor, in its sole discretion, <br />decides not to rebuild, then Lessee's right to the possession thereof, shall at once cease and <br />the Lessor shall pay the early termination payment described in paragraph 4 and schedule A, <br />as amended. <br />j. Amendment Adding Section XXII — Lease Termination Upon Death of both <br />Lessees. Upon the death of the survivor of BRUCE A. BERNIN and VIRGINIA R. <br />BERNIN, this Lease, and the right to possession of the premises, shall automatically <br />terminate and Lessor shall pay to the survivor's estate, the early termination fee due under <br />the Lease, if any. <br />4. General Provisions. Except as amended by this Amendment, all of the terms, conditions <br />and covenants contained in the Lease shall remain in effect and be binding upon the Lessor and <br />Lessee at the time and in the manner therein provided. This Amendment applies to, inures to the <br />benefit of, and binds all parties hereto and their respective successors and assigns. This <br />Amendment shall be construed and interpreted in accordance with the laws of the State of <br />Minnesota. <br />5. Counterparts. This Amendment may be executed in different counterparts with the same <br />effect as if the signatures thereon were in the same instrument, and will be effective upon <br />delivery of all such counterparts to Lessor. <br />-2- <br />
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