Agenda - Council - 12/13/2011 - Laserfiche WebLink

Home

Landlord may specify in writing from time to time. All Rent required to be paid hereunder shall be paid without the right of offset, deduction or withholding, and Tenant shall not be entitled to are credits against the payment of Rent. 23 Operating Expenses. Tenant shall be responsible for directly paying all other charges, costs, fees and expenses incurred by Tenant in connection with this Lease or the use of the Property ("Operating Expenses"). 3. CONSTRUCTION OF IMPROVEMENTS: ALT AT ONS. 3.1 Construction of Improvements. The Minnesota Department of Transportation ("Mn/DOT") has constructed on the Property a surface parking lot containing 377 parking stalls, including 12 A -accessible stalls, a vehicle circulation system which includes bus and passenger vehicle drop off and pickup in proximity to the platform, sidewalks, road access, driveways, {s, si gna e and other improvements as shown on the site plan attached as Exhibit(the "Improvements"). If changes in applicable law require an increase in the number of A - accessible stalls, Landlord and Tenant shall agree as to how best to accommodate such changes. Mn/DOT also constructed the storm water pond shown on Exhibit B, which is not located on the Property. The storm water pond was initially designed to serve the Improvements along with a significant portion of the City of Anoka's proposed station area improvements. ents. The Landlord shall own, operate and maintain the storm water pond. Landlord shall grant a drainage easement to Tenant substantially in the fore attached as Exhibit C (the "Drainage Easement's) to provide for Tenant's use of the storm water pond shown on Exhibit B. 3.2 Alterations; Ownership of Improvements. After the initial completion of the Improvements, withoutLandlord's approval, Tenant may alter the Improvements and may add additional passenger amenities. Landlord's prior written consent shall be required to build structured parking or buildings or install above or below -ground storage tanks, which consent shall not be unreasonably withheld or delayed. Any alterations or additions to the Improvements after their initial completion shall be referred to as "Alterations," If Landlord's consent is required to any Alterations, Tenant shall present detailed plans and specification and construction drawings "Plans" to Landlord. Should Landlord fail to approve the proposed Plans (or to provide a reasonably detailed written explanation for non -approval) within sixty (60) days after the receipt thereof, such Plans shall be deemed approved by Landlord. The Improvements and all Alterations to the Property shall 0 be constructed at Tenant's sole cost and expense; ense; (ii) with all applicable laws; (iii) be performed lien -free and in a workmanlike anlike manner with good and sufficient materials; and (iv) be the property of Tenant until the termination of this Lease. Upon termination of this Lease, Landlord and Tenant shall agree as to ownership and disposition of the improvements and Alterations. 3.3 Liens. Neither Landlord nor Tenant shall allow or permit any mechanic's liens, neater ia!rnen's liens or any construction liens or judgment liens of any kind to be perfected against the Property, Tenant's leasehold interest therein or any other property of Landlord, 2