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6. HRSR 06-06-2011
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6. HRSR 06-06-2011
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6/3/2011 11:13:29 AM
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City Government
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HRSR
date
6/6/2011
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LEASE AGREEMENT <br />THIS LEASE AGREEMENT (the "Lease") is made and is effective as of this day of <br />December, 2011. The parties to this Lease are The Housing and Redevelopment Authority in and <br />for the City of Elk River, a body corporate and politic under the laws of the state of Minnesota <br />(hereinafter referred to as "Landlord"), and Elk River Area Arts Alliance, a Minnesota non-profit <br />corporation (hereinafter referred to as "Tenant"). <br />WITNESSETH: <br />1. LEASED PREMISES. Landlord owns the property legally described as the East <br />39 and 1/2 feet of the South 119 feet of Lot 3, Block 2, Village of Elk River, Sherburne County, <br />Minnesota (the "Property") and the building located thereon which has a street address of 716 <br />Main Street, Elk River, Minnesota (the Building"). The property subject to this lease is all of the <br />interior space in the Building (collectively, the "Leased Premises"). <br />2. DEMISE AND PREMISES. Landlord hereby leases the Leased Premises to <br />Tenant and Tenant hereby leases the Leased Premises from Landlord for the term and upon the <br />conditions herein provided. Tenant accepts the Leased Premises in their "AS IS" condition and <br />without any warranties with respect thereto, express or implied, from Landlord. <br />3. TERM AND TERMINATION. The term of this Lease Agreement commences <br />on January 1, 2012 and expires on December 31, 2012 (the "Expiration Date"); provided that this <br />Lease Agreement is subject to termination prior to the Expiration Date as provided herein. <br />4. RENT. Tenant shall pay to Landlord rent of $1.00 for the entire term, the receipt <br />of which Landlord hereby acknowledges. <br />5. REAL ESTATE TAXES. Based on conversations with the Sherburne County <br />Assessor, it is Landlord's understanding that the Property is exempt from ad valorum real estate <br />taxes and that Tenant is not subject to taxes in lieu of real estate taxes under Minn. Stat. Section <br />272.01 Subd. 2(a). Landlord makes no representations or warranties regarding real estate or <br />other taxes and if the Property becomes subject to estate taxes that are due and payable during <br />the term or if Tenant becomes subject to taxes in lieu of real estate taxes under Minn. Stat. <br />Section 272.01 Subd. 2(a), Tenant shall be obligated to pay or reimburse Landlord for all such <br />taxes, provided that if Tenant reasonably determines that the Property or Tenant are or will be <br />subject to any such taxes, Tenant may terminate this lease by written notice to Landlord. <br />6. USE. Tenant may use the Leased Premises for its administrative offices, an art <br />gallery with sales of art by Tenant's members, small meetings and arts programming including <br />lectures, recitals and workshops (this may include daytime programming for seniors, after school <br />programming for young adults and weekend programming for families), and receptions for <br />visiting artists and performers as well as Tenant's own events and for no other purpose without <br />the written consent of Landlord which consent Landlord may grant or withhold in Landlord's <br />sole and absolute discretion. If Tenant allows third parties to keep or store artwork on the Lease <br />Premises, whether for sale or otherwise, Tenant shall require the third part to agree, in writing, <br />
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