e. Flood buyout-Highland Park
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e. Flood buyout-Highland Park
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LEASE OF PROPERTY <br />THIS LEASE is made by and between Cass County, North Dakota (hereinafter "County") and <br />Highland Park Association, 1520 64th Ave. N. Fargo ND 58102 (hereinafter "Lessee"). <br /> <br />THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: <br /> <br />Property: The County hereby offers to lease, and the Lessee agrees to lease, the property <br />situated in the Township of Reed, County of Cass, State of North Dakota, described as: <br />Highland Park Lot 71 & West ½ of Lot 70 Block 6 (hereinafter "property"). <br /> <br />Term: The term of this lease shall commence on July 1, 2002 and expire at midnight on <br />December 31, 2002. The terms and conditions of this Lease shall automatically renew <br />unless either party serves the other party, with written notice of non-renewal within sixty <br />(60) days prior to the lease expiration date. <br /> <br />[Either party may terminate this Lease upon 30 days written notice to the other <br />party for any reason.l <br /> <br />Rent: In consideration for the lease of the property, the Lessee agrees to forego any <br />assessments for streets, mowing, water, or other charges, either currently assessed or <br />assessed while the lease is in effect. <br /> <br />Use: The property shall only be used for purposes consistent with those contained in <br />Exhibit 1 (attached). Furthermore, the property shall not be used for, among other <br />purposes, parking vehicles; building any kind of structure without prior written approval <br />of the County; storage of any kind of equipment or personal property; placement of any <br />signs; raising or keeping of animals; or disposal of any kind of materials, whether <br />hazardous or not. The determination of compliance with these limitations on use of the <br />property shall be at the County's sole discretion. <br /> <br />Delivery of Possession: Lessee acknowledges that Lessee has inspected the property and <br />accepts it as suitable for the purpose and use described in this Lease and that the property <br />then complies with the use limitations. <br /> <br />Insurance: At all times during the term of this Lease, Lessee shalI maintain at Lessee's <br />sole expense, public liability and property damage liability insurance in an amount not <br />less than $500,000. Lessee shall deliver to County a copy of the certificate of insurance <br />prior to the commencement, and renewal if applicable, of this Lease. County makes no <br />representation that the limits of liability specified herein are adequate to protect Lessee. <br /> <br />Indemnification: County shall not be liable for any damage to Lessee, or any other <br />person, or to any property, occurring on the premises or any part thereof, unless such <br />damage is the proximate result of the negligence of an unlawful act of the County. <br />Lessee agrees to hold the County harmless from any claims for damages occurr/ng on the <br />property, no matter how caused, except for injury damages for which County is legally <br />responsible. <br /> <br />Page 1 of 4 <br /> <br /> <br />
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