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Tenant contemporaneously with the execution of this Lease shall deposit with Landlord the sum of Four Thousand Six <br />Hundred Twenty-five and 00/100 Dollars ($4,625.00.) as first month's gross rent, receipt which is hereby acknowledged by <br />the Landlord. <br />4. Paragraph 4 Use. is hereby replaced in its entirety as follows: <br />4. Use. <br />a. The Premises shall be used by Tenant as a commercial use for motor sports sales and storage (boats, ATVs, UTVs, <br />snowmobiles, golf carts, etc.). Auto and motorcycle sales are not permitted. <br />b. Tenant will not make or suffer any unlawful or offensive use of the Premises or any use or occupancy thereof contrary to <br />any federal law, state law or ordinance of the City of Ramsey now or subsequently hereto made. Tenant will not conduct or <br />permit to be conducted any activity, or place any equipment in or about the Premises, which will in any way increase the rate <br />of fire insurance or other insurance on the Premises; and if any increase in the rate of fire insurance or other insurance is <br />stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant <br />in or about the Premises, such statement shall be conclusive evidence that such increase in such rate is due to such activity or <br />equipment and, as a result thereof, Tenant shall be liable for such increase and shall reimburse Landlord therefore and <br />further, shall discontinue or cause the discontinuance of such conduct or shall remove such equipment upon Landlord's <br />demand made at any time thereafter. <br />c. Tenant's use of the Premises shall be consistent with Exhibit A. <br />i. Outdoor Storage Area A is largely unimproved as of the commencement date of this Lease and does not comply with <br />City zoning requirements. Within four months from the commencement of this Lease, the Tenant shall make all required <br />improvements to bring Area A into compliance with city zoning ordinances. The Tenant is responsible for funding and <br />constructing the required improvements which include, but are not limited to: grading, storm water, asphalt paving, concrete <br />curb/ gutter, screening, land use permit fees, land use application fees, and third -party professional service fees. If the <br />Tenant defaults on this requirement, it shall immediately vacate Lease Area A. <br />ii. The area to the west of Outdoor Storage Area A is not part of this lease and cannot be used for any purpose by Tenant. <br />Any vehicles or other items belonging to Tenant found on this non -leased area, or on any other property owned by Landlord <br />but not leased by Tenant, is subject to removal by Landlord at Tenant's cost. <br />iii. The non -leased area south of Outdoor Storage Area B is a through way for movement of traffic. This area is not to be <br />used for parking by Tenant, its agents, employees or invitees. <br />iv. A 15-foot-wide through lane must be maintained at all times in Outdoor Storage Areas A, B, C and D for emergency <br />vehicles to get through the storage areas. <br />v. Tenant shall install/maintain a gated fence on the east side of Outdoor Storage Area D and provide a gate key to <br />Landlord for emergency access. <br />d. Any sign, lettering, picture, notice or advertisement installed on or in any part of the Premises and visible from public <br />areas must be approved by Landlord, which approval shall not be unreasonably withheld, and installed at Tenant's expense. <br />Political signs are prohibited on the Premises. if this subparagraph is violated, Landlord may remove the sign(s) without <br />liability and may charge the expense incurred by such removal to Tenant. <br />5. This Second Amendment to Lease shall be binding upon and shall insure to the benefit of the parties, their heirs, <br />successors and assigns. <br />6. If there is a conflict between the provisions of the Lease, First Amendment to Lease and this Second Amendment to <br />Lease, the provisions of this Amendment shall control. All other terms and conditions of the Lease will remain in full force <br />and effect. <br />The City Attorney has reviewed the Third Amendment to Lease and recommends approval. <br />Alternatives Include: <br />1) Adopt Resolution #26-194 Approving Third Amendment to Lease with Mille Lacs Motor Sports 11, Inc (as presented); <br />subject to City Attorney Review <br />2) Adopt Resolution #26-194 Approving Third Amendment to Lease with Mille Lacs Motor Sports II, Inc. (with changes); <br />subject to City Attorney Review <br />3) Something else <br />