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4.5 SR 09-05-2023
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4.5 SR 09-05-2023
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<br />and Lessee have been represented by experienced legal counsel who have advised on each of the <br />rights and duties of a lessor and lessee. <br />Section 14.9 Binding Effect. All of the covenants, conditions, and agreements contained <br />in this Lease Agreement shall extend to, be binding upon, and inure to the benefit of the parties to <br />this Lease Agreement, and to their respective successors and assigns. The City and Lessee <br />expressly disclaim, on their own behalf and on behalf of their respective successors and assigns, <br />any intent that a third party, claiming independently or by or under the City or Lessee, shall benefit <br />from or have any rights whatsoever relating to the provisions in this Lease Agreement regarding a <br />Mortgagee Agreement (as defined in the Original Lease) or any other or similar agreement that the <br />City and Lessee may make after the effective date of this Lease Agreement. <br />Section 14.10 Quiet Enjoyment. The City represents and warrants that it is the lawful <br />owner of the Leasehold Property; that it has the full right and power to make this Lease Agreement; <br />that if and so long as Lessee shall not be in default under the terms and conditions of this Lease <br />Agreement, Lessee shall quietly hold, occupy and enjoy the Leasehold Property during all of the <br />Term or any Renewal Term. <br />Section 14.11 Notices. Any notice required or permitted to be given under this Lease <br />Agreement shall be deemed to be given when mailed by United States registered or certified mail, <br />postage prepaid, properly addressed to the address provided below. The City shall give Lessee a <br />copy of any notice served, delivered or mailed to the City which, in any manner, affects Lesseeās <br />interests in the Leasehold Property. Unless and until changed by notice as herein provided, notices <br />shall be addressed as follows: <br />To the City: City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330 <br />ATTN: City Administrator <br /> <br />With a copy to: Campbell Knutson, PA <br />Grand Oak Office Center I <br />860 Blue Gentian Road, Suite 290 <br />Eagan, MN 55121 <br />ATTN: Jared Shepherd <br /> <br />To Lessee: Boys and Girls Club of the Twin Cities <br />690 Jackson Street, <br />St. Paul, MN 55130 <br />ATTN: Terryl Brumm <br /> <br />With a copy to: Stinson LLP <br />50 South Sixth Street, Suite 2600 <br />Minneapolis, MN 55402 <br />ATTN: Todd M. Phelps <br /> <br />19 <br />2067394.0015/184093281.2 <br /> <br />
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