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pf_03303
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Last modified
10/26/2007 11:55:45 AM
Creation date
12/9/2004 7:23:15 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3303
Planning Files - Type
Conditional Use Permit
Address
2335 DALE ST N
Applicant
Qwest
Status
Approved
Date Final City Council Action
6/26/2001
Planning Files - Resolution #
9906
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<br />(b) This Lease constitutes the entire agreement and understanding of the <br />parties and supersedes all offers, negotiations, and other agreements of any kind. There are not <br />representations or understandings of any kind not set forth herein. Any modification of or <br />amendment to this Lease must be in writing and executed by both parties. <br /> <br />(c) This Lease shall be construed in accordance with the laws of the State of <br /> <br />Minnesota. <br /> <br />(d) If any term of this Lease is found to be void or invalid, such invalidity <br />shall not affect the remaining terms of this Lease, which shall continue in full force and effect. <br /> <br />( e) e) Lessee represents that they have not been represented by a real <br />estate broker or other listing agent in this transaction for purposes of commission, fee or other <br />payment to such broker or any other leasing agent claiming to have represented Lessee. If <br />Owner is represented by broker or listing agent, Owner is responsible for all commission, fee or <br />other payment of such agent. <br />(f) Either party mav record a memorandum of this Agreement or the Lease in <br />the real property records in the connty in which O\vner's Propertv is located. Each party shall <br />reasonably cooperate with the other party to implement this provision. <br /> <br />(g) The burden of this Agreement and the Lease, if exercised, shall run with <br />the land with respect to Owner's Propert\'. and shall be binding upon and inure to the benefit of <br />the patties, their respective successors, personal representatives and assigns. <br /> <br />(h) In no event shall Owner have the right to place a lien, whether statutory, <br />consensual or otherwise, and whether pre-iudgment or post-judgment, on any fumiture, trade <br />fixtures, signage, equipment, wiring, systems or other personal propetty of Lessee located in or <br />about the Site. <br /> <br />(i) Owner represents and warrants that, as of the date of this Lease, the Site <br />and Owner's Propelty comply with all applicable laws, statutes, ordinances, rules, codes, <br />regulations. orders, and interpretations of all federal. state, and other governmental or Quasi- <br />govemmental authorities having iurisdiction over Owner's Property (collectivel\', "Laws"). <br />Owner will promptly complv with all Laws, and will cause the Site and Owner's Propelty to <br />comply with all Laws. Except as otherwise provided herein, such compliance shall be at O\\rner's <br />sole cost and expense. Such compliance shall be at Lessee's sole cost and expense if it is <br />required solely and uniquely as a result of Lessee's manner of use or occupancy of the Site. <br /> <br />22. Condemnation. In the event of any exercise of eminent domain or condemnation <br />with respect to any of the Site, Owner shall be entitled to receive the total award paid or payable <br />as a result of such taking attributable to the value of the portion of the Site or Owner's Property <br />so taken. Notwithstanding the foregoing. Lessee shall be entitled to any separate award paid or <br />pavable to Lessee that is attributable to the value of any of Lessees Communication Facilities, <br />the value of the unexpired Lease Tem1, or to moving expenses incurred as a result of such taking. <br /> <br />23. <br /> <br />Assignment and Subleasing. <br /> <br />83831 <br /> <br />10 <br />
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