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LEASE AGREEMENT <br />THIS LEASE AGREEMENT is made this day of , 2008 by and <br />between the City of Elk River, 13065 Orono Parkway, Elk River, Minnesota 55330 <br />(hereinafter referred to as "Landlord"), and Mochas to Go, Inc., a Minnesota corporation, <br />15165 197" Avenue, Elk River, Minnesota 55330 (hereinafter referred to as "Tenant"). <br />WITNESSETH: <br />1. LEASED PREMISES. For purposes of a Agreement, "leased <br />premises" shall mean that portion of the building locat ~ `at 1~ Orono Parkway, Elk <br />River, Minnesota, the "Buildin ' `" ., <br />( g'), consisting of apprpgc~ately 63 s e feet of space on <br />-the main level and depicted on the attached Exhi~ii~~A. '° `~.~~h, <br />2. DEMISE AND PREMISES. Lar€dioaid.herebj~ ~ ases to Ten~i~fid Tenant <br />hereby leases from Landlord, for the term and u;~he~~sl~itions hereinF rovided, the <br />leased premises in its "AS IS" condition and withouf~a~ warranties with respect thereto, <br />express or implied, from Landlord. '?31z.. `E1~~'~iA, <br />3. TERM. The Term of thin -~t~ a, III be for o fit} year, commencing on <br />May 1, 2008, through and including Apnl (1, 2~D9;¢[~ ss earl terminated as hereinafter <br />provided. `~_ $t`~ ~~~~~a~€Ir~ . <br />4. GROS I~EN ~~nant cove~nts and agrees that Tenant shall pay to <br />Landlord rent (°Gr i~{enY') f e Leased demises in the annual amount of: <br />~~I(indred Seventeen and 50/100 Dollars <br />~ equal monthly installments of One Hundred <br />100 Dollars ($118.12) during the first eleven months <br />~` a final payment of One Hundred Eighteen and <br />118.18) during the final month of this Lease. <br />The "'° Rent sha~~~ie paid in monthly installments, in advance, on the first day of <br />each and every~c~i~ndar rnth during the Term. If the initial orfinal month of the Term of <br />this Lease is les € ~~''calendar month, Gross Rent for such partial month shall be <br />prorated at the rate ` "one-thirtieth of the monthly Gross Rent for each day, payable in <br />advance. Tenant wi pay said Gross Rent, together with all other amounts due under this <br />Lease, to Landlord at 13065 Orono Parkway, Elk River, Minnesota 55330, orto such other <br />party or to such other address as Landlord may designate from time to time by written <br />notice to Tenant. Tenant's obligation to pay the Gross Rent and other amounts due under <br />this Lease is an independent covenant, and is not and shall not be subject to any <br />abatement, deduction, counterclaim, reduction, setoff or defense of any kind whatsoever. <br />