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ICESR INFORMATION 3 04-05-2005IL.EASE AGREEMENT (Concession Stand) THIS LEASE AGREEMENT is made this day of , 199_, by and between the CITY OF ELK RIVER, a municipal corporation under the laws of the State of Minnesota ("Lessor") and the ELK RIVER YOUTH HOCKEY ASSOCIATION, anon-profit corporation under the laws of the State of Minnesota ("Lessee"). In consideration of their respective promises herein contained, and of other good and valuable consideration, the receipt of which each part hereby acknowledges, the parties hereby agree with each other as follows: 1. Premises. Lessor does hereby Lease to Lessee a portion of an ice arena located at 1000 School Street, in the City of Elk River, County of Sherburne, and State of Minnesota (the "Ice Arena"). The Ice Arena is located on the real property legally described on Exhibit A attached hereto. That portion of the Ice Arena being leased hereunder is cross-hatched on the drawing attached hereto as Exhibit B (the "Leased Premises"). 2. Term. The Lease term shall commence on January 1, 1997 and shall continue through and until December 31, 2013, unless earlier terminated as herein provided. 3. ~1 g. Lessee shall use and permit use of the Leased Premises for operation of a concession stand at events being conducted in the Ice Arena. Lessee shall not damage or deface any part of the Leased Premises or permit the same. 4. Rent. (a) Lessee shall pay to Lessor at city Hall, or at such other place as Lessor designates, during the term of this Lease, as Rent for the Leased Premises, the following amounts: Calendar Base ~~~ ~ 1997 $20,000 1998 21,000 1999 21,500 2000 22,000 2001 - 2013 22,000 DXB 132736 belonging to Lessor, repairing any damage or injury caused thereby, and (ii) quit and deliver up the Leased Premises to Lessor, peaceably and quietly, in as good order, condition, and repair as the same were in on the commencement of the term or were thereafter placed in by Lessee, reasonable wear and tear and damage by fire, the elements, or acts of God excepted. 14. Holding Over. Should Lessee continue to occupy the Leased Premises, or any part thereof, after the expiration or termination of this Lease or any written extension, whether or not with the consent of Lessor, such tenancy shall be from month to month at a monthly base rate at the rate of 150$ of the rate set forth in Paragraph 3. 15. Unlawful Use. Lessee agrees not to occupy or use the Leased Premises, or permit any portion of the Leased Premises to be occupied or used, for any business or purpose which is unlawful, disruptive, or unduly hazardous due to fire or other risks or to permit anything to be done which would in any way increase the rate of fire insurance coverage or jeopardize the extent of coverage on the Leased Premises, the improvements located thereon, or its contents. Lessee shall not store or permit the storage of hazardous or inflammable materials or chemicals in or on the Leased Premises, unless such storage shall have been previously approved by Lessor, and in all events such storage shall be in compliance with the requirements of federal, state, and local laws, ordinances, or regulations and the requirements of Lessor's and Lessee`s insurance carriers. Under no circumstances shall Lessee dispose of hazardous or inflammable materials or chemicals in or on the Leased Premises. 16. Compliance with Laws and Regulations. Lessee agrees to comply with all laws, ordinances, orders, rules, or regulations (state, federal, municipal, or promulgated by other agencies or bodies having jurisdiction thereof) relating to the use, condition, occupancy or structural configuration of the Leased Premises, including but not limited to the Americans with Disabilities Act Accessibility Guidelines. Should Lessee receive notice of any violation or inquiry as to a possible violation of federal, state, or local laws, ordinances, or regulations related to its use, condition, or occupancy, it shall provide immediate notice to Lessor and such further information as Lessor shall request there- after. 17. Hazardous Waste. Lessee shall not store, process, or dispose of any hazardous substances on the Leased Premises without the express written consent of Lessor. 18. Short Form Lease. Either party shall at the request of the other execute, acknowledge, and deliver, at any time after the DXB 132736 4 IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument the day and year first above written. LESSOR: CITY OF ELK RIVER B y_ Its B y_ Its LESSEE: ELK RIVER YOUTH HOCKEY ASSOCIATION By It B y_ Its DXB 132736 - 7 Either party may, by proper notice, change its address hereunder. 23. Severability. If any term, condition, covenant, or provision of this Lease or the application thereof to any circum- stance shall, to any extent, be held by a court of competent jurisdiction or by any authorized governmental authority to be invalid, void, or unenforceable, the remainder of this Lease shall not be affected by such holding, and the remaining terms, condi- tions, covenants, and provisions hereof .shall continue in full force and effect. 24. Bin in All of the terms, conditions, covenants, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and upon their respective succes- sors and permitted assigns. 25. Es oppel Certificate. Lessee agrees that at any time and from time to time at reasonable intervals, within ten (10) days after written request by Lessor, Lessee shall execute, acknowledge, and deliver to Lessor, Lessor's mortgagee, or any transferee designated by Lessor, a writing ratifying this Lease and certifying (i) that Lessee has entered into occupancy of the Leased Premises if such is the case and the date of such entry; (ii) that this Lease is in full force and effect, and has not been assigned, modified, supplemented, or amended in any way (or if there has been any assignment, modification, supplement, or amendment, identifying the same); and (iii) that to the knowledge of Lessee no default exists in the performance or observance of any term, condition, or covenant of this Lease and there are no defenses or offsets against the enforcement of this Lease by Lessor, or specifying such default, defense, or offset of which Lessee may have knowledge. 26. Governing Law. This Lease and all of its terms shall be governed by the laws of the State of Minnesota. DXB 132736 - 6 - IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument the day and year first above written. LESSOR: CITY OF ELK RIVER By Its By_ Its LESSEE: ELK RIVER YOUTH HOCKEY ASSOCIATION B y_ Its B y_ Its DXB 132736 - 7 EXHIBIT A Legal Description The North 289 feet of the East 88 feet, as measured along the East and North lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County, Minnesota. EXCEPTING therefrom the following described parcel: That part thereof lying southwesterly of the line connecting the Southeast corner of said North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said East 88 feet of the Northeast Quarter of the Northeast Quarter. The North 289 feet of the West 3 83 feet, as measured along the West and North lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota. BeckP 136759.2 LEASE AGREEMENT (Office and Storage Space) THIS LEASE AGREEMENT is made this day of 199 by and between the CITY OF ELK RIVER, a municipal corporation under the laws of the. State of Minnesota ("Lessor") and the ELK RIVER YOUTH HOCKEY ASSOCIATION, a non-profit corporation under the laws of the State of Minnesota (".Lessee"). ,~ In consideration of their respective promises herein contained, and of other good and valuable consideration, the receipt of which each party hereby acknowledges, the parties hereby agree with each other as follows: 1. Premises. Lessor does hereby Lease to Lessee a portion of an ice arena located at 1000 School Street, in the City of Elk River, County of Sherburne, and State of Minnesota (the "Ice Arena"). The Ice Arena is located on the real property legally described on Exhibit A attached hereto. That portion of the Ice Arena being leased hereunder is cross-hatched on the drawing attached hereto as Exhibit B (the "Leased Premises"). 2. Term. The Lease term shall commence on January 1, 1997 and shall continue through and until December 31, 2013, unless earlier terminated as herein provided. 3. Use. Lessee shall use and permit use of the Leased Premises for office purposes and for storage of equipment used or to be used at events being conducted in the Ice Arena. Lessee shall not damage or deface any part of the Leased Premises or permit the same. 4. R n Lessee shall pay to Lessor at City Hall, or at such other place, as Lessor designates during the term of this Lease, as rent for the Leased Premises, the following amounts: (a) During the first five lease years: $10,000.00 per year. (b) During each year thereafter: $1.00 per year. (c) Payment of Rent. annual basis, on March 1 of each effect. 5. Insurance. Lessee shal and effect during the term of this expense, insurance against loss or The rent shall be paid on an calendar year this lease is in 1 obtain and keep in full force Lease, at Lessee's sole cost and damage to any property of Lessee DXB 136770 stored in the Premises. Lessee shall also obtain and keep in full force and effect during the term of this Lease comprehensive general public liability insurance. covering the legal liability of the Lessee against claims for bodily injury, death or property damage occurring on, in or about the Leased Premises, in such minimal amounts and with minimal limits as the Lessor may reasonably require. 6. Waiver of Claims and Subrogation. Notwithstanding any other provision in this Lease to the contrary, Lessor and Lessee hereby release one another from any and all liability or responsibility (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by casualty insurance or coverable by the insurance required by Section 5 hereof, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 6. Maintenance and Repairs. Lessee shall at all times maintain the Leased Premises in a state of good condition and repair. Lessee shall not be responsible for making capital improvements. If Lessee shall default in making repairs, Lessor may, but shall not be required to, make repairs on behalf of Lessee, and the expense of such repairs shall be billed to Lessee. 7. Waiver of Liability; Indemnity; Liability. Lessor shall not be liable to L•~ssee, or those claiming through or under Lessee by way of subrogation or otherwise, for injury, death, or property damage or loss of use occurring in, on, or about the Leased Premises. Lessee shall indemnify Lessor and hold it harmless from any claim or damage, including attorneys' fees, arising out of any injury, death, or property damage occurring in, on, or about the Leased Premises, to Lessee or to any third party. 8. Lessor's Riaht to Enter Leased Premises. Lessor, or its authorized agents or attorney, shall have the right (but shall not be obligated) to enter the Leased Premises (a) at any time in an emergency, and (b) at other reasonable times to inspect and to make repairs, if necessary. 9. Alterations; Liens. Lessee shall not make any alteration or addition to any part of the Leased Premises without the prior written approval of Lessor. All improvements, alterations, or additions which may be made upon the Leased Premises shall be the property of Lessor, and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this Lease. All improvements, alterations or additions made by Lessee shall be made at Lessee's sole expense. Lessee shall not permit any mechanics', laborers', or materialmen's liens to stand against the Leased Premises for any labor or DXB 136770 - 2 material furnished to, or for the account of, Lessee, or claimed to have been so furnished in connection with any work performed or claimed to have been performed in, on, or about the Leased Premises; provided, however, Lessee shall have a period of thirty (30) days after the filing of any lien during which to remove such lien. 10. subordination and At ornmen Lessor may cause this Lease to be subordinate to any ground or underlying Lease, or mortgage, whether heretofore or hereafter created. If title to the Leased Premises is hereafter vested in the .holder of any such ground or underlying Lease or mortgage, or in anyone claiming through or under such holder, or in the holder of a Sheriff's Certificate of Sale, or in any purchaser or transferee of the Leased Premises, Lessee shall, at the option of such holder or other party, attorn to such holder on the then terms of this Lease. Such attornment shall be upon the express condition that this Lease shall be recognized by the holder or other party, and that the rights of Lessee shall remain in full force and effect during the term of this Lease so long as Lessee shall continue to observe and perform promptly all of Lessee`s covenants, agreements, and obligations under this Lease. For confirmation of such subordination, attornment, or both, Lessee shall promptly execute, acknowledge, and deliver such agreements as may be required; and, in the event Lessee fails or refuses to so execute and deliver any such agreement or agreements, Lessee irrevocably appoints Lessor as Lessee's agent and attorney to execute any such agreement or agreements on behalf of Lessee. 11. Default. If Lessee shall abandon the Leased Premises, or if Lessee shall fail or refuse timely to pay any installment of Rent or Additional Rent or to observe or perform any of Lessee's other covenants, agreements, or obligations hereunder and such failure or refusal is not cured within ten (10) days after written notice thereof to Lessee, Lessor may reenter immediately into the Leased Premises and at its option terminate this Lease as to all future rights of Lessee. No such reentry alone shall terminate this Lease, and this Lease shall only be terminated by notice to Lessee (with termination effective from the date of such notice). 12. Lessee to Surrender L ased Premises in ood ondition. Upon the expiration or termination of this Lease, Lessee shall, at its expense, (i) remove from the Leased Premises all movable furnishings, other items of personal property, and equipment not belonging to Lessor, repairing any damage or injury caused thereby, and (ii) quit and deliver up the Leased Premises to Lessor, peaceably and quietly, in as good order, condition, and repair as the same were in on the commencement of the term or were thereafter placed in by Lessee, reasonable wear and tear and damage by fire, the elements, or acts of God excepted. DXB 136770 - 3 - 13. Holding Over. Should Lessee continue to occupy the Leased Premises, or any part thereof, after the expiration or termination of this Lease or any written extension, whether or not with the consent of Lessor, such tenancy shall be from month to month at a monthly base rate at the rate of 1500 of the rate set forth in Paragraph 3. 14. Unlawful Use. Lessee agrees not to occupy or use the Leased Premises, or permit any portion of the Leased Premises to be occupied or used, for any business or purpose which is unlawful, disruptive, or unduly hazardous due to fire or other risks or to permit anything to be done which would in any way increase the rate of fire insurance coverage or jeopardize the extent of coverage on the Leased Premises, the improvements located thereon, or its contents. Lessee shall not store or permit the storage of hazardous or inflammable materials or chemicals in or on the Leased Premises, unless such storage shall have been previously approved by Lessor, and in all events such storage shall be in compliance with the requirements of federal, state, and local laws, ordinances, or regulations and the requirements of Lessor's and Lessee's insurance carriers. Under no circumstances shall Lessee dispose of hazardous or inflammable materials or chemicals in or on the Leased Premises. 15. ~~mpliance with Laws and Regulations. Lessee agrees to comply with all laws, ordinances, orders, rules, or regulations (state, federal, municipal, or promulgated by other agencies or bodies having jurisdiction thereof) relating to the use, condition, occupancy or structural configuration of the Leased Premises, including but not limited to the Americans with Disabilities Act Accessibility Guidelines. Should Lessee receive notice of any violation or inquiry as to a possible violation of federal, state, or local laws, ordinances, or regulations related to its use, condition, or occupancy, it shall provide immediate notice to Lessor and such further information as Lessor shall request there- after. 16. Hazardous Waste. Lessee shall not store, process, or dispose of any hazardous substances on the Leased Premises without the express written consent of Lessor. 17. Short Form Lease. Either party shall at the request of the other execute, acknowledge, and deliver, at any time after the date of this Lease, a memorandum or notice of Lease preparation by the requesting party, but the provisions of this Lease shall control the rights and obligations of the parties. 18. Assignment, Subletting, and Encumbrances. Lessee shall not have the right to assign this Lease or sublet or encumber all or any part of the Leased Premises without the prior written DXB 136770 4 consent of Lessor. No such subletting, assignment, or encumbrance shall release Lessee from liability for the payment or performance of its obligations under this Lease. Lessor's consent to any one instance of subletting, assignment, or encumbrance shall apply only to the specific sublease, assignment, or encumbrance transaction, and Lessor's prior consent shall be required for any subsequent sublease, assignment, or encumbrance. 19. Waiver; Amendm nt. No waiver of any term, condition, covenant, provision,- or remedy hereunder or delay in the enforcement of any remedy hereunder in any one instance shall be deemed to be (i) a waiver of any other term, condition, covenant, provision, or remedy in said or any other instance, or (ii) the waiver of said waived term, condition, covenant, or provision or of said delayed remedy in any other instance. This Lease may not be amended, modified, or supplemented except by a writing, executed by the party against whom such amendment, modification, or supplement is sought to be enforced. 20. Ouiet Enjoymen Lessor represents and warrants that the Leased Premises are owned or controlled by Lessor, that Lessor is empowered to enter into this Lease, and that it will warrant and defend against all lawful claims for Lessee's peaceful possession of the Leased Premises during the lease term, subject only to such conditions as are provided in this Lease, so long as Lessee keeps and performs promptly each of the terms, covenants, and conditions of this Lease to be performed or kept by it. 21. Notice Any notice required or permitted hereunder shall be given in writing, and shall be deemed given when mailed, certified or registered mail, postage prepaid, addressed as follows: If to Lessor: City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 If to Lessee: Elk River Youth Hockey Association Elk River, MN 55330 Either party may, by proper notice, change its address hereunder. 22. Severabilitv_. If any term, condition, covenant, or provision of this Lease or the application thereof to any circum- stance shall, to any extent, be held by a court of competent jurisdiction or by any authorized governmental authority to be invalid., void, or unenforceable, the remainder of this Lease shall DXB 136770 - 5 - not be affected by such holding, and the remaining terms, condi- tions, covenants, and provisions hereof shall continue in full force and effect. 23. Binding. All of the terms, conditions, covenants, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and upon their respective succes- sors and permitted assigns. 24. Estoppel Certificate. Lessee agrees that at any time and from time to time at reasonable intervals, within ten (10) days after written request by Lessor, Lessee shall execute, acknowledge, and deliver to Lessor, Lessor's mortgagee, or any transferee designated by Lessor, a writing ratifying this Lease and certifying (i) that. Lessee has entered into occupancy of the Leased Premises if such is the case and the date of such entry; (ii) that this Lease is in full force and effect, and has not been assigned, modified, supplemented, or amended in any way (or if there has been any assignment, modification, supplement, or amendment, identifying the same); and (iii) that to the knowledge of Lessee no default exists in the performance or observance of any term, condition, or covenant of this Lease and there are no defenses or offsets against the enforcement of this Lease by Lessor, or specifying such default, defense, or offset of which Lessee may have knowledge. 25. Governing Law. This Lease and all of its terms shall be governed by the laws of the State of Minnesota. DXB 136770 - 6 - IN WITNESS WHEREOF, Lessor. and Lessee have executed this instrument the day and year first above written. LESSOR; CITY OF ELK RIVER B y_ Its By Its LESSEE: ELK RIVER YOUTH HOCKEY ASSOCIATION B y_ Its B y_ Its DXB 136770 IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument the day and year first above written. LESSOR: CITY OF ELK RIVER By Its By Its LESSEE: ELK RIVER YOUTH HOCKEY ASSOCIATION By Its By Its DXB 136770