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<br />FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) <br /> <br />(WEDll O. 13' 99 16: 51/8T. 16: 48/NO. 4261218975 P 6 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />prohibit BMX from engaging in the incidental sale and distribution of non-alcoholic beverages <br />and/or refreshment type items in connection with the conduct of practices and/or racing events at <br />The Bicycle Track (but only then upon securing such licenses and permits as may be necessary). <br />so long as the net proceeds thereof are accounted for in compliance with BMX' s By-Laws, <br />operating agreements, and as necessaI)' to meet requirements imposed by the American Bicycle <br />Association. <br /> <br />21. Right of Entry by the City: The City shall at all reasonable times have full and <br />complete authority to enter into and upon the Property and Bicycle Track to inspect the same for <br />compliance with the tenns of this Lease and to otherwise enforce and all federal, state, and local <br />laws, rules and regula lions. <br /> <br />22. Termination of Lease: City may at any time and for any reason in its sole <br />discretion, tenninate and cancel this Lease prior to the end of the Lease term upon thirty (30) <br />days written notice directed to BMX. at the address specified in Paragraph 27 below. Upon <br />termination of this Lease for whatever reason, BMX shall within 60 days thereafter, or as soon as <br />weather conditions permit, at its expense and at no expense to the City. completely and totally <br />remove from the Property all improvements placed on or around the Property during the term of <br />this Lease including, without limitation, fencing, Bicycle Track borders and tower. In addition, <br />BMX shall restore the surrounding land, to is original state and level the Bicycle Track so that <br />the Property is level with the surrounding land under supervision of the City Street and Parks <br />Department. The City shall have a cause of action against BMX should it tail to comply with <br />these requirements. <br /> <br />23. Successors aDd AssiIDS: This Lease shall be binding upon and shall inure to the <br />benefit of the parties and their respective successors and pennitted assiills. <br /> <br />24. SUn'ival: The terms and provisions relating to B:MX's obligation to hold harmless <br />and indemnify and provide insurance for the benefit of the City, as provided in Section 7 and 16 <br />herein. shall survive termination of this Lea.~e. <br /> <br />25. Execution In Counterparts; This Lease may be executed in any number of counter <br />parts and by different parties hereto, each of which when so executed shall deemed an original <br />but all of which taken together shall constitute one and the same agreement. <br /> <br />26. Governing Law: This Lease shall be governed by and interpreted in accordance with <br />the laws of the State of Minnesota. <br /> <br />27. Notices: Any and all notices required to be given pursuant to this Lease shall be <br />given as follows: <br /> <br />a. If to Ci1y: City of Elk River, P.O. Box 490, 13065 OTOno Parkway, Elk River, <br />MN 55330. <br /> <br />b. If to BMX: <br /> <br />5 <br />