2. SR 05-14-2007 - Laserfiche WebLink

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ARTICLE IV USE OF BUILDING Section 4.01. Operation of the Proiect. (a) Lessee shall use and operate the Project during the Lease Term only in furtherance of its lawful purposes and in a manner that will not adversely affect the tax-exempt status of interest on the Bonds. Lessee shall use the Project as a full-service YMCA in accordance with all terms and conditions of this Lease. Lessee agrees that at all times during the Lease Term, Lessee will maintain and operate the Project for the purposes described in this Lease, and will maintain and keep or cause to be kept the Project in good repair and good operating condition (ordinary wear, tear, and obsolescence and acts of God excepted) at its own cost, making such repairs and replacements as are necessary to that end. (b) Other than the Building and the Equipment, Lessee shall obtain all Lessee Equipment, furnishings, supplies and other personal propertY required or convenient for the proper operation, repair and maintenance of the Project in an economical and efficient manner, consistent with the then current standards of operation and administration generally acceptable for YMCA facilities located in the Minneapolis-St. Paul metropolitan area. (c) Lessee shall provide, at its own expense, janitorial and other cleaning services, lawn and other exterior maintenance of the Land, snow removal, and removal of debris and garbage. Section 4.02. Prohibited Uses of the Proiect. (a) Lessee shall not use the Project for any purpose other than the purposes permitted under this Lease. Lessee shall not permit the Project to be used for any uolawful purpose or in any manner which may adversely or negatively affect the reputation of Lessor or the Land. Lessee shall comply with all legal requirements governing or affecting Lessee's specific use and occupancy of the Building and Land and use and operation of the Equipment including, but not limited to, all federal, state and local health statutes, environmental statutes, regulations, codes and rules relating to Lessee's business and Lessee's use and occupancy of the Building and Land and use and operation of the Equipment. Lessor shall be responsible for compliance with all legal requirements of general application relating to ownership of the Building. Lessee shall not make any use or provide any service which is deemed ultra hazardous by an insurance company or cause an exposure to a risk which is not covered by insurance. (b) Lessee shall: (i) use the Project only in a manner that is consistent with Lessee's status as a not- for-profit corporation and a 50l(c)(3) Organization; and (ii) not impair the exclusion from gross income of interest on the Bonds nor use or allow the use of any portion of the Project in any unrelated trade or business with respect to Lessee (or any other 50l(c)(3) Organization) under Section 513(a) of the Code, except as set forth in the Tax Exemption Agreement, or if Lessee receives an opinion of Bond Counsel that such use will not affect the tax-exempt status of interest on the Bonds; and (iii) not use the Project or any part thereof fmanced with proceeds of the Bonds for sectarian instruction nor use the Project primarily as a place of religious worship or as a facility used primarily as part of a program of a school or department of divinity for any religious denomination or the religious training of ministers, priests, rabbis or other similar persons in the field of religion. 12