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GROUND LEASE AGREEMENT <br /> <br />THIS LEASE AGREEMENT is made on or as of the day of <br /> <br />., 199_,by and <br /> <br />between THE CITY OF ELK RIVER, a public body corporate and politic under the laws of the State <br /> <br />of Minnesota (Lessor) and THE BOYS AND GIRLS CLUB OF ELK RIVER, INC., a nonprofit <br /> <br />corporation (Lessee). <br /> <br />Lessor and Lessee, intending to be legally bound, hereby covenant and agree as follows: <br /> <br />ARTICLE 1. <br /> <br />DEFINITIONS <br /> <br /> 1.1) <br />the context: <br /> <br />Definitions - In this Lease Agreement, unless a different meaning clearly appears from <br /> <br />(01) "Additional Rent" means all sums payable by Lessee in connection with its occupancy <br />of the Leasehold Property in addition to the annual rental payments set forth in Section 2.3 <br />hereof. <br /> <br />(02) "Building" means the primary structure to be located on the Leasehold Property and <br />to be used for the purposes set forth in Section 7.5 of this Lease Agreement. <br /> <br />(03) "City" means the City of Elk River, Minnesota. <br /> <br />(04) "Construction Plans" means the plans, specifications, drawings and related documents <br />for development of the Leasehold Property and construction of the Improvements, sufficient <br />to support a projected appraisal by an appraiser approved by Lessor of the value of the <br />complete Improvements (excluding the value of the Leasehold Property) in an amount not <br />less than Six Hundred Thirty Thousand Dollars ($630,000.00). <br /> <br />(05) "Event of Default" means an action by the Lessee listed in Section 13.1 of this Lease <br />Agreement. <br /> <br />(06) "Hazardous Substances" means toxic or hazardous substances or wastes, pollutants <br />or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of <br />organic compounds known as polychlorinated biphenyls, petroleum products including <br />gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous <br />substance as defined in the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, 42 U.S.C. Sec. 9601-9657, as amended ("CERCLA") or any similar <br />federal, state or local law, regulation or ordinance; substances or conditions that may support <br /> <br />BURNIS 566679.3 <br /> <br /> <br />