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Agenda - Council - 05/11/2021
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Agenda - Council - 05/11/2021
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Meetings
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Meeting Type
Council
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05/11/2021
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d. Tenant Damages. Although all damages in the event of any condemnation shall <br />belong to Landlord whether such damages are awarded as compensation for diminution in value <br />of the leasehold or to the fee of the Leased Property, Tenant shall have the right to claim and <br />recover from the condemning authority, but not from Landlord, such compensation as may be <br />separately awarded or recoverable by Tenant in Tenant's own right on account of any and all <br />damage to Tenant's business by reason of the condemnation and of or on account of any cost or <br />loss to which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold <br />improvements and equipment. However, Tenant shall have no claim against Landlord or make <br />any claim with the condemning authority of the loss of its leasehold estate, any unexpired term of <br />loss of any possible renewal or extension of said lease or loss of any possible value of said lease, <br />any unexpired term, renewal or extension of said Lease. <br />15. DAMAGE OR DESTRUCTION: <br />In the event of any damage or destruction to the Leased Property by fire or other cause during the <br />term hereof, the following provisions shall apply: <br />a. Significant Damages. If the Leased Property is damaged by fire or any other cause <br />to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed <br />twenty percent (20%) of the replacement value of the Leased Property (exclusive of foundations) <br />just prior to the occurrence of the damage, then Landlord may, no later than the sixtieth (60th) day <br />following the damage, give Tenant written notice of Landlord's election to terminate this Lease. <br />b. Date of Termination. In the event Landlord elects to terminate this Lease, it shall <br />be deemed to terminate on the date of the occurrence of damage or destruction and all rentals shall <br />be paid up to that date. Tenant shall have no claim against Landlord for the value of any unexpired <br />term of this Lease except for prepaid rent. <br />Notwithstanding anything contained in this paragraph 14 to the contrary, Landlord shall only be <br />obligated to restore the Leased Property to the extent of the insurance proceeds actually received, <br />but if the insurance proceeds actually received do not permit Landlord to restore the Leased <br />Property, Landlord shall so notify Tenant and either Landlord or Tenant may terminate this Lease <br />by written notice given within 60 days after Landlord's notice. If Landlord restores the Leased <br />Property in accordance with the provisions of this Section, then Tenant shall not have any right to <br />terminate this Lease because of such damage pursuant to (i) any common law rights, (ii) Minnesota <br />Statutes §504.13 1 as now in effect or as it may be hereafter amended or supplemented, or (iii) any <br />comparable right established b a similar statute. <br />c. Tenant Repair of Significant Damages. In the event Landlord elects to terminate <br />this Lease, the Tenant may make a written proposal to repair Significant Damages to the Leased <br />Property at the sole cost of the Tenant, within 10 days of the Landlord's original notice outlined <br />in Section 15, Paragraph A. The Landlord shall retain full discretion to reject or accept the <br />Tenant's proposal to repair Significant Damages. <br />16. CASUALTY INSURANCE: <br />a. Landlord and Tenant Obligations. Landlord shall at all times during the term of <br />this Lease, at its expense, maintain a policy or policies of insurance with premiums paid in advance <br />7 <br />
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