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Ground Lease <br />Lessee To ConstrUct <br /> <br /> This lease is made and executed on , 2002, by and between <br />B.M.A. ASSOCIATES, a general partnership organized and existing under the laws of the State of <br />Minnesota, having its principal office at 7040 Willow Creek Road, Eden Prairie, MN 55344, <br />referred to as "LESSOR", and THE CITY OF RAMSEY, a municipal corporation organized and <br />existing under the laws of the State of Minnesota, having its principal office at 15153 Nowthen <br />Boulevard NW, Ramsey, MN 55303, referred to as "LESSEE". <br /> <br />The parties agree as follows: <br /> <br /> SECTION ONE <br />DEMISE, DESCRIPTION, AND USE OF PREMISES <br /> <br /> LESSOR leases to LESSEE and LESSEE hires from LESSOR, for the purpose of <br />conducting in and on such premises a Park & Ride Facility for approximately 168 vehicles for use <br />by the State of Mirmesota's Northstar Commuter Coach project and any lawful business and for no <br />other purpose, those certain premises with the appurtenances, situated in the City of Ramsey, Anoka <br />County, Minnesota, and more particularly described in the schedule attached to and made a part of <br />this lease agreement as EXHIBIT A. As used in this lease agreement, the term "premises" refers to <br />the real property above described and to any improvements located on the property from time to <br />time during the term of this lease agreement. <br /> <br />SECTION TWO <br />TERM <br /> <br /> The initial term of this lease shall be for five (5) years, commencing on January 1, 2003, and <br />ending on December 31, 2007. As used in this lease agreement, the expression "term of this lease <br />agreement" refers to the initial term and to any renewal of this lease agreement as provided below. <br />NOTHWlTHSTANDING anything in this lease agreement to the contrary, either party hereto may <br />terminate this lease agreement upon giving the other party a one year prior written notice. This <br />provision is hereinafter referred to as the "Opt Out" clause. The Opt Out clause may be used by <br />either party during the initial term of this lease agreement or during any option to renew term as <br />hereinafter described. <br /> <br />SECTION THREE <br />RENT <br /> <br /> Subject to adjustment as provided below, the total rent for the initial term shall be <br />$ , which LESSEE shall pay to LESSOR, without deduction or offset, at the place or <br />places as may be designated from time to time by LESSOR, in installments as <br />follows: The rental to be paid <br />by LESSEE under this lease agreement shall be subject to adjustment as follows: <br /> <br />-222- <br /> <br />i <br />! <br />I <br />I <br />I <br /> <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br /> <br /> <br />