Agenda - Council Work Session - 07/20/2010

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Walkway - l . To be constructed on City right-of--way about 6 feet from curb 2. Width of 8 feet for easy maintenance 3. Rock base with bihuninous surface 4. Length is about 600 feet from current building structure (formerly the Vineyard Restaurant) parking lot to near Anoka Technical College sign at Anoka Technical College parking lot entrance The proposed work and locations are shown an the attached Exhibit A. 6. POSSESSION. Except as herein provided, Landlord shall deliver possession of the Premises in the condition required by this lease on ar before the Commencement Date, subject to unavoidable delays beyond Landlord's control, but delivery shall not affect the expiration date of this lease. 7. LANDLORD'S ACCESS. Landlord shall have the right to enter the Premises for the fallowing purposes: (1} to conduct a controlled burn and/or demolition of the building that is currently situated on the Premises; (2} far general inspection; and (3) for the purpose of posting natives ofnon-responsibility for alterations, additions and repairs. In the event of a controlled burn or demolition of the existing improvements, Landlord shall provide Tenant with no less than seven (7) days notice when it plans to remove the building from the site, and Landlord shall make all reasonable efforts to reopen the site for Tenant parking as quickly as possible. 8. CONDITION OF PREMISES. Landlord makes no guarantees or warranties as to the condition of the Premises ar, that the Premises are fzt far Tenant's intended purposes. Tenant has had an opportunity to inspect the Premises and make its own conclusions as to the fitness of the Premises for Tenant's intended use. Tenant takes the property in its "AS IS" vondition and. the taking of possession of the Premises by Tenant. shall be conclusive evidence as against Tenant that the Premises are in acceptable condition. 9. MAI1.vTENANCE AND UPKEEP. All maintenance and upkeep of the Premises shall be the sole responsibility of the Tenant including, but not limited to maintenance of the parking lot (sweeping, striping, snow removal), lighting and landscaping (grass cutting) including the irrigation system. Tenant shall keep the Premises in a neat and clean condition. The Tenant shall be responsible for payment of utility service charges related to lighting and irrigating the premises as metered and charged by the Landlord. 10. HAZARDOUS WASTES. Tenant covenants that it shall not, at any time during the Term of this lease, or any renewal or extension thereof, place, store, install upon, discharge, release or generate on, in or under the Premises, or allow to escape from the Premises, any pollutants ar other toxic ar hazardous substances, or containers or storage or processing facilities thereof (hereinafter collectively referred to as the "Hazardous Wastes"}. 11. IMPROVEMENTS, ALTERATIONS, REMODELING, AND SIGNAGE. Tenant will not make or permit anyone to make any alterations, decorations, additions or improvements, structlu-al or otherwise, in or to the Premises, without the prior written consent of Landlord. Any such alterations, decorations, additions or improvements approved by Landlord. 3