Res. #07-028 - Dead Broke Saddle Club - Sagers

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LG215 Lease for Lawful Gambling Activity 8/05 Page 2 of 2 Lease Tenn .. The tenn of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the : premiseS or the lessor will not manage the conduct of gambling at the premises. partidpation as Players Prohibited - The lessor, the lessor's immediate famIly, and any agents or gambling employees of the Jessor will not participate as players In the conduct of lawful gambUng on the premises. Illegal Gambling . The lessor Is aware of the prohibition against Dlegal gambling In Minnesota Statutes 609.75, and the penalties for Illegal gambling violations In Minnesota Rules 7861.0050, SUbpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days If the Board determines that Illegal gambling occurred on the premises and that the lessor or its employees partldpated In the Illegal gambling or knew of the gambfing and did not take prompt action to stOP. the gambling. COntinued tenancy of the organization Is authorized without the payment of rent during the time per:lod determined by the Board for violations of this prpvislon. . To the best of the lessor's knowledge, the lessor afflrqtS that any and all games or devices located on the premises are not beIng used, and are not capable of being used, In a manner that violates the prohibitionS against liIegC!1 gambling In Minnesota Statutes 609.75, and the penalties for illegal gambfing violations In Minnesota Rules 7861.0050, SUbpart 3. . NotwithstandIng MInnesota Rules 7861.0050, SUbpart 3, an organization must conlihue making rent payments, pursuant to the terms of the 1(!aSe, If the organization or Its agents are found to be solely responsible for any Illegal gambling conducted at that site that Is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. , . The lessor shall not modIfy or terminate the lease In whole or In part because the organization reported to a state or local law enforcement authority or the'Board the occurrence at the site of Illegal gamblmg activity In which the organization did not participate. Other Prohibitions' ' . The Jessor will not Impose restrictions on theorgan!zation with respect to providers (cfrstributors) of gambling-related equipment and services or In the use of net profits for lawful purposes. . The lessor, persoll residing 1\1 the same household as the lesSor, the iesser's immediate family, and any agents or employees of the lessor will not require the organization to perform any actlon that would violate statute or rule. If there Is a dispute as to whether a violation of this provisIon occurred, the lease will remain In effect pending a final determination by the Compliance RevIew Group (CRG) of the Gambling Control Board. The Jessor agrees to arbitration when a violation of this provision Is alleged. The arbitrator shall be the CRG. . The lessor shall not mocfrfy or terminate this ~se In whole or In part due to.the lessor's violation of the provisions listed In this lease. Access to pennltted premises - The Board and Its agents, the commissioners of revenue and publIC safety and their agents, and law enforcement personnel have aa:ess to the permitted premises at any reasonable time during the business hours of the lesSor. The organization has access to the permlttecl premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. ' ! ! Lessor records - The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents llpon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-lndusive " Amounts paid as rent by the organization to the lessor are alHndiJsive. No other services or expenses provided or contracted by the lessor may be paid by the organlzatlon, indudlng but nOt fimited to trash removal, janltorial and deanlng services, snow removal, lawn services, electrlclty, heat, sea.tr!ty, security monitoring, storage, other utIlItles or services, and In the . case of bar operations, cash shortages. Any other expenditures made by an organization that Is related to a leased premises must be approved by the'CIlrector of the Gambling Control Board. Rent payments may not be made to an InclMdual. Acknowledgment of Lease Terms All obligations and agreements are contained In or attached to thls lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease Infonnatlon (s the total and only agreement between the Jessor and the organization. There Is no other agreement and no other consideration required between the parties as to the lawful gamblIng and other ma~ers related to the lease. Any changes In this lease wRl be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotfated lease Is made due to a change In ownership, the new lease will be submitted'wlthin 10 days after the new lessor has assumed ownership. Ust or attach other terms or conditions (must be approved by director of Gainbllng Control Board) Signature of organiz '~oflicial Oessee) tv\ ~~ K Print name and tltle of lessee QuestlOll$, ~n this form should be directed to the Ucenslng SectIon Qf the Gambling Control Board {Board) at 651-639-4000. Thls publication will be made available In alternative fQrmat (I.e. large print, Braille) upon' request. If you I,I5e a TlY, you can call the Board by using the MInnesota Relay Service and ask to place a can to 651-639-4000. The Infonnation requested on this form will become public Information when received by the Board, and will be used to determIne your complIance with Minnesota statutEis and rules governIng lawful gambling activities. ,1.lV"'~"'4~ ~~ 5'~ I ~ (;1 Date f S IIJ l,v"1'