09.05 Farm Lease Agreement - Laserfiche WebLink

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Tenant: Swenson Aggregate& Construction, LLC/Charlie Swenson 1832 34th Street SW Pine River, MN 56474 Landlord: City of Pequot Lakes Attn: Nancy Malecha, City Administrator/Clerk 4638 County Road 11 Pequot Lakes, MN 56472 25. Miscellaneous: a. Voluntary and Knowing Action. The parties, by executing this Lease, state that they have carefully read this Lease and understand fully the contents thereof; that in executing this Lease they voluntarily accept all terms described in this Lease without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby. b. Authorized Signatories. The parties each represent and warrant to the other that (1) the persons signing this Lease are authorized signatories for the entities represented, and(2)no further approvals,actions or ratifications are needed for the full enforceability of this Lease against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. c. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05,subd. 5, the Tenant agrees that the Landlord, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary,shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Tenant and involve transactions relating to this Lease. The Tenant agrees to maintain these records for a period of six years from the date of termination of this Lease. d. Governing Law. This Lease shall be deemed to have been made and accepted in Crow Wing County,Minnesota,and the laws of the State of Minnesota shall govern any interpretations or constructions of the Lease without regard to its choice of law or conflict of laws principles. e. Data Practices. The parties acknowledge that this Lease is subject to the requirements of Minnesota's Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. f. No Waiver. Any party's failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Lease or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that party's right to assert or rely upon the terms and conditions of this Lease.Any express waiver of a term of this Lease shall not be binding and effective unless made in writing and properly executed by the waiving party. 6