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LEASE AGREEMENT <br />THIS LEASE AGREEMENT (the "Lease") is made and is effective as of this [ Z day <br />of ~ ~ rr ~ , 200 The parties to this Lease are The Housing and Redevelopment Authority <br />in and for the City of Elk Rivet, a body corpot•ate and politic under the laws of the state of <br />Minnesota (hereinafter referred to as "Landlord"), and Elk River Area Arts Alliance, a <br />Minnesota non-profit corporation (hereinafter referred to as "Tenant"). <br />WITNESSETH: <br />1. LEASED PREMISES. Landlord owns the property legally described as the East <br />39 and '/2 feet of the South 119 feet of Lot 3, Block 2, Village of Elk River, Sherburne County, <br />Minnesota (the "Property") and the building located thereon which has a street address of 716 <br />Main Street, Ellc River, Minnesota (the Building"). The property subject to this lease is all of the <br />interior space in the Building, except for the approximately 225 feet of storage space on the main <br />level and 3,000 squat•e feet of storage space on the lower level depicted on Exhibit A that <br />Landlord leases to First National Financial Services, Inc. pursuant to a lease dated October 20, <br />2006, and the exterior portions of the Property (collectively, the "Leased Premises"). <br />2. DEMISE AND PREMISES. Landlord hereby leases the Leased Premises to <br />Tenant and Tenant hereby leases the Leased Premises from Landlord for the term and upon the <br />conditions herein provided. Tenant accepts the Leased Premises in their "AS IS" condition and <br />without any warranties with respect thereto, express or implied, from Landlord. <br />3. TERM AND TERMINATION. The term of this Lease Agreement commences <br />on January 1, 2008 and expires on December 31, 2009 (the "F..xpiration Date"); provided that this <br />Lease Agreement is subject to termination prior to the Expiration Date as provided herein. <br />4. RENT. Tenant shall pay to Landlord rent of $1.00 for the entire term the receipt <br />of which Landlord hereby acknowledges. <br />5. REAL ESTATE TAXES. Based on conversations with the Sherburne County <br />Assessor, it is Landlord's understanding that the Property is exempt from ad valorutn real estate <br />taxes and that 't'enant is not subject to taxes in [ieu of real estate taxes under Minn. Stat. Section <br />272.01 Subd. 2(a). Landlord makes no representations or warranties regarding real estate or <br />other taxes and if the Property becomes subject to real estate taxes that are due and payable <br />during the term or if Tenant becomes subject to taxes in lieu of real estate taxes under Minn. Stat. <br />Section 272.01 Subd. 2(a), Tenant shall be obligated to pay or reimburse Landlord for all such <br />taxes, provided that if Tenant reasonably determines that the Property or Tenant are or will be <br />subject to any such taxes, Tenant may terminate this lease by written notice to Landlord. <br />6. USE. Tenant tnay use the Leased Premises for its administt•ative offices, an art <br />gallery with sales of art by Tenant's members, small meetings and arts programming including <br />lectures, recitals and workshops (this tnay include daytime programming for seniors, after school <br />programming for young adults and weekend programming for families), and t•eceptions for <br />visiting artists and performers as well as Tenant's own events and for no other purpose without <br />2109788v4 <br />