Agenda - Council - 02/26/2013 - Laserfiche WebLink

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repossession being hereinafter referred to as "Repossession") by force, summary proceedings, • ejectment or otherwise, and may remove TK and all other persons and property therefrom. 15. Covenant of Ouiet Enjoyment. City covenants that it has the right to make this Lease Agreement for the term aforesaid and covenants that if TK shall pay the rent and perform all of the covenants, terms and conditions of this Lease Agreement to be performed by TK, TK shall, during the Lease Term, freely, peaceably and quietly occupy and enjoy the full possession of the Property. The term "City" as used in this Lease Agreement shall mean solely the owner of the Property, the City of Ramsey, a Minnesota Municipal corporation. The liability of the City under this Lease Agreement is limited to its interest in the Property and any insurance proceeds payable to City with respect to the Property. 16. No Renresentations by City. Neither City nor any agent or employee of City has made any representations or promises with respect to the Property except as herein expressly set forth, and no right, privileges, easements or licenses are acquired by TK except as herein expressly set forth. TK, by taking possession of the Property, shall accept the same "as is" except as expressly provided in this Lease Agreement and such taking of possession shall be conclusive evidence that the Property is in good and satisfactory condition at the time of . such taking of possession. In addition to and without limitation of the immediately preceding sentence, TK agrees that it is leasing the Property on an. "AS IS", "WHERE IS" and "WITH ALL FAULTS" basis, based upon its own judgment, and hereby disclaims any reliance upon any statement or representation whatsoever made by City. CITY MAKES NO WARRANTY WITH RESPECT TO THE PROPERTY, THE PROJECT OR ANY PART THEREOF, EXPRESS OR IMPLIED, AND CITY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PROPERTY, THE PROJECT OR ANY PART THEREOF. 17. Surrender; Holdins Over. Upon the expiration of this Lease Agreement or the earlier termination of TK's right to possession, TK shall immediately vacate the Property, remove all of its property therefrom, remove any Hazardous Materials installed, used, generated, stored or disposed of by TK, and leave the Property in the condition required by this Lease Agreement. Any property not removed shall be deemed abandoned, and TK shall be Iiable for all costs of removal and TK shall indemnify, defend and hold City harmless from any cost or liability due to disposition of any property in the Property in which a person other than TK has an interest. Should TK continue to occupy the Property, or any part thereof, after the expiration or termination of the Lease Tenn, whether with or without the consent of City, such tenancy shall be from month to month and the monthly Rent set forth herein shall be payable If TK's holdover is without the consent of City, neither this Section nor the acceptance of any rent hereunder shall prevent City from exercising any remedy to regain immediate possession of the Property. • 18. Miscellaneous. a. This Lease Agreement is governed by and shall be construed according to the laws of the State of Minnesota. b. The captions in this Lease Agreement are for convenience only and are not a part of this Lease Agreement. 141437.2 5