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4.5. SR 06-17-2019
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4.5. SR 06-17-2019
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6/14/2019 9:36:28 AM
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6/13/2019 12:03:36 PM
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6/17/2019
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SECOND AMENDMENT OF LEASE <br />This SECOND AMENDMENT OF LEASE ("Second Amendment of Lease") is entered into and <br />effective as of the 1st day of September, 2019 (the "Effective Date") by and between the City of Elk <br />River (the "Landlord"), and the Elk River Area Chamber of Commerce (the "Tenant"). Landlord and <br />Tenant are sometimes jointly referred to in this Second Amendment as the "Parties. <br />BACKGROUND: <br />A. The Parties entered into that certain Lease dated September 1, 1994 for the lease of the <br />Premises as defined in such lease, and as legally described and depicted on Exhibit A to such lease <br />(the "Premises"). This lease was subsequently amended by the Parties by that certain Amendment of <br />Lease dated September 1, 2014 (the "Amendment of Lease"). Such lease and such Amendment of <br />Lease are collectively referred to in this Second Amendment of Lease as the "Lease." <br />B. The term of the Lease expired on September 1, 2018. However, by agreement of the Parties, <br />Tenant has since continued to occupy the Premises as a month-to-month tenancy on the same terms <br />and conditions of the Lease, as applicable, and contiues to do so until the Effective Date. <br />C. The Parties intend and desire by this Second Amendment of Lease to again specifically amend <br />the Lease and extend the Term as set forth in this Second Amendment of Lease. <br />In consideration of the promises, representations and warranties in the Lease, and this Second <br />Amendment of Lease, and other good and valuable consideration mutually exchanged, and the receipt <br />and sufficiency of which the Parties each hereby acknowledge, the Parties, intending to be legally <br />bound hereby, agree as follows: <br />AGREEMENT: <br />1. Article 2 of the Lease is deleted in its entirety, and replaced with the following new Article 2: <br />ARTICLE 2. <br />1011Ili <br />2.1) The term of the Lease shall resume as a fixed term starting on September 1, <br />2019 for a further extended fixed term of three (3) years from such date until August <br />31, 2022 (the "First 3 -Year Term"), unless terminated as provided herein. <br />2.2) Provided the Lease is in full force and effect and Tenant is not in default of <br />any of the terms or conditions of the Lease, the term of the Lease shall be <br />automatically extended starting on September 1, 2022 for a further extended fixed <br />Page 1 of 2 <br />
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