HomeMy WebLinkAbout09-22-1993 AdditionsADDITIONS TO THE AGENDA
CITY COUNCIL
September 22, 1993
OLD BUSINESS:
1. Call for Bond Sale
Correspondence Pages 1 through 4.
2. Request for temporary permit to park on City Property -
Don Rue
Correspondence Pages 5 through 9.
2. Lease Agreement - Little Canada Charity Plus, Inc.
Correspondence Pages 10 through 36.
3. Assessment Rolls -
Imp. No. 91 -11 - Ryan Ind. Park Street Imp.
Imp. No. 92 -3 - Edgerton Water Main Imp.
Imp. No. 92 -5 - LaBore Road Street Imp.
Imp. No. 92 -10 - Costa Lane Street & Utility Imp.
Imp. No. 92 -11 - Vanderbie /Allen Street & Utility Imp.
Imp. No. 92 -14 - Nadeau Road Street Imp.
Imp. No. 93 -7 - Little Canada Road Storm Sewer Imp.
Correspondence Pages 37 through 56.
NEW BUSINESS:
1. Application for Exemption from Lawful Gambling License -
Men's Club Bingo - November 21, 1993 - St. John's Church
Correspondence Page 57.
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Mayor & City Council
September 10, 1993
Page 7
amount asked for in 1993. The additional costs were included
for the Family Violence Network and Roseville Area Senior
Program pursuant to their requests. (See Attachments 2, 3 and
4 for details of their respective requests.)
26. GENERAL CONCERN FOR THE GENERAL FUND AS IT RELATES TO SALARIES
FOR CITY EMPLOYEES. As you recall from last year, we
implemented some revised salary schedules with the
understanding that those schedules would be in effect for 1993
and 1994 with no adjustments. However, three positions were
frozen for 1993 and we indicated we would evaluate those in
1994. Those positions were the Public Works Superintendent,
Public Works Lead, and Building Official. In this budget, I
have included a 2 1/2% salary adjustment for those positions.
Based on some initial comments received, this amount may not be
satisfactory to those employees and they may wish to discuss
this with the Council.
27. HEALTH INSURANCE. In discussing health insurance with our
agent, he indicated to me that rate increase could be anywhere
from 10 -15 %. I have estimated 15% for the purposes of budget.
However, due to the cap we had previously placed in effect, the
impact to the budget is minimal. Should costs increase by 15 %,
employees would see an increase in their monthly contribution
from $41 to $83.23 per month. Should rates only increase by
10 %, their cost would increase to $68.38 per month. In our
study last year, it was noted that the average contribution on
the part of the City towards health insurance coverage was
$250. In our case, we are contributing $318.
28. PARRS AND RECREATION SPECIAL FUND 202 (Pages 43 -46) - The main
area to point out is on Page 45 relative to the City transfer.
This amount is $5,500 for 1994 as associated with the Day Camp
costs. This amount is approximately equal to that which was
budgeted for 1993. I am proposing it be transferred from the
General Fund in order to make coding and revenue receipting
more clear. You will also note that the fund appears to
generate a small surplus. Keep in mind that we still have a
rather limited history upon which to base these estimates, but
so far things appears to be working well.
29. BONDED INDEBTEDNESS (Pages 47 -48) - One item I want to point
out is that our proposed levy is reducing by a very slight
amount for 1994 as compared to 1993. However, a significant
opportunity appears to be available relative to the Improvement
Bonds of 1978. The refunding of this issue appears to be a
Page 1
Mayor & City Council
Septemb»r 10, 1993
Page 8
possibility. It could reduce the levy from the present
$177,300 figure to approximately $100,000. A couple of options
exist relative to any savings realized by this transaction.
* The first would be to buy down a property tax increase by
utilization of these funds.
* The second would be to allocate these funds into a capital
improvement program on an ongoing basis in order that we
provide a source of funds for this area. Dollars would be
used for items such as our street improvement program,
sidewalk systems, Public Works equipment, Fire Department
equipment, administrative needs, Park development, and
other special projects which may come up from time to
time. It is my belief that the $77,000 available is only
a portion of what will ultimately be needed in these
areas. At the goal setting session, we need to plan for
the overall reduction in our debt service amounts
occurring around the year 2000 in order that we are
properly meeting capital needs into the future. My
recommendation would be to apply any levy savings as a
result of this transaction into the General Capital
Improvement Fund on an ongoing basis thereby creating no
new net increase to our tax support requirement. (See
Attachment 5 for a summary of the details of this
transaction. This matter will be on the Council September
22 agenda for future discussion.)
30. WATER AND SEWER BUDGETS (Pages 49 -56) - I am not proposing any
major discussions at this point in time given that they are
very preliminary and we need further information from the Board
of Water Commissioners and the Metropolitan Waste Control
Commission before finalizing these numbers. However, you will
note that increased costs associated with these services are
being anticipated and could affect our revenue generating
capabilities. This should be watched closely with futher
refinements made as we approach 1994.
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Page 2
ATTACHMENT 5
City of Little Canada, Minnesota
G.O. Refunding Bonds, Series 1993
Current Refunding Summary
Partial Current Refunding of
G.O. Improvement Bonds of 1978
Even Annual Savings Structure
Refunding Bond Rating: A
Refunding Delivery Date Sources / Uses
Sources of Funds on:
Refunding Principal:
Accrued Interest
Total Sources of Funds:
11/01/93
350,000.00
350,000.00
Uses of Funds on:
Discount @ $7.00 :
Acc. Int. & Unused Disc:
Refunding Expenses:
Investment to Call Date:
Total Uses of Funds:
11/01/93
2,450.00
13,000.00
334,550.00
350,000.00
Refunded / Refunding Bond Comparison
As of:
11/01/93
Refunded
Statistics
Refunding
Statistics
Principal:
910,000
350,000
Interest:
138,287
31,395
Bond Yrs:
2,487
943
Avg. Mat:
2.733
2.695
NIC:
5.56%
3.59%
Prepared: 09/01/93
By SPRINGSTED Incorporated
Date of Bonds:
Delivery Date:
11/01/93
11/01/93
Refunded Call:
1st Callable:
01/01/94
01/01/95
Refunded Bond CaII Date Sources / Uses
Sources of Funds on:
Invest. Proceeds Mature:
Inv. Earnings @ 2.75% :
Funds from Issuer:
Total Sources of Funds:
01/01/94
334,550.00
1,533.35
573,916.65
910,000.00
Uses of Funds on:
Refunded Principal:
Refunded Call Premium:
Excess Proceeds:
Total Uses of Funds:
01/01/94
910,000.00
910,000.00
Total Net Savings /Present Value Savings
Future Savings:
Less Funds From Issuer.
Pius Accr. Int. to D/S Fund:
Plus Exc. Proc. to D/S Fund:
Total Net Savings:
658,504.58
573,916.65
84,587.93
Present Value Say @ 3.32%: 30,194.22 I
As % ofP.V. Refunded Int.: 24.77%
* *INTEREST RATES HAVE GONE EVEN LOWER. THEREFORE, SAVINGS SHOULD BE LARGER DEPENDING
ON MARKET AT SALE DATE. **
Page 3
City of Little Canada, Minnesota
G.O. Improvement Bonds of 1978
Existing Debt Service
Date
01/01/94
07/01/94
01/01/95
07/01/95
01/01/96
07/01/96
01/01/97
07/01/97
01/01/98
Prepared: 09/01/93
By SPRINGSTED Incorporated
Schedule A
Principal Rate Interest Semi - Annual Annual
200,000.00 5.300% 30,460.00 230,460.00 230,460.00
25,160.00 25,160.00
210,000.00 5.400% 25,160.00 235,160.00 260,320.00
19,490.00 19,490.00
220,000.00 5.500% 19,490.00 239,490.00 258,980.00
13,440.00 13,440.00
235,000.00 5.600% 13,440.00 248,440.00 261,880.00
6,860.00 6,860.00
245,000.00 5.600% 6,860.00 251,860.00 258,720.00
Year Current Levy
93/94 $177,300
94/95 177,300
95/96 177,300
96/97 177,300
Totals
-LEVY COMPARISON
Estimated Refunded Levy
$103,053
98,537
101,021
97,855
Levy Savings
$74,247
78,763
76,279
79,445
1,110,000.00 Page 4 160,360.00 1,270,360.00 1,270,360.00
Bond Years: 2,520.00
Avg. Mat..: 2.270
NIC 5.558%
All lower calculations Refunded Bonds Only
are made from the date Avg. Mat..: 2.732
of the refunding bonds NIC 5.56
SITE PLAN - TRANE B.A.S.D.
YORKTON BLVD
RIC E STREET
tN
YORKTON CT
(20 YORKTON COURT)
SOUTH OWASSO
35E FRONTAGE ROAD
Page 5
EXISTING PARKING
10
Page 6
244 FT
LOT LAYOUT
125 FT
105 FT Page 7
BASKETBALL HOOP
BOCCE BALL
\ LOT LAYOUT
o/
Page 8
PICNIC TABLES
VOLLEY BALL CT
TOTAL PARKING AVAILABLE
116 REGULAR (OLD TOTAL) 2 HANDICAP 4 VISITOR
142 REGULAR ( NEW TOTAL) 2 HANDICAP 4 VISITOR C: ADE—:/Eir-D
40 2 REG
4 VIS
1 HAN
----------
10 TT
a
32 C6
[T1 1 1 11 1 113 i1111 1 1111 11 1 I 1 1
BASKETBALL HOOP
Page 9
PICNIOTABLES
VOLLEY BALL GT
LG202
(10/28/92)
Premises Information
Name and Address of Lessor
Minnesota Lawful Gambling
Lease Agreement
Address
MKP, Inc. 801 Marquette Ave. Minneapolis, MN
Name of Legal Owner of Gambling Premises
Sarre 0/0 Mr. Martin J. Krogman
Address
City/Zip Code Phone
55402 ( 612) 370 -7302
City/Zip Code Phone
( )
Name and Address of Leased Premises
The Market Place Center, 2900 N.
Name of Organization Leasing the Premises (lessee)
L i.tt.Je Canada Cha/ttty lJav, Inc.
Address
City/Zip Code
Rice St. Little Canada, MN 55113
License Number, if known
4 -00393 -006
Gambling Activity
The lawful gambling activity which the organization will conduct is (check all that apply):
1 x 1 bingo 1 x 1 raffles 1 I paddlewheels
Rent Information (See Rules 7861.0060, Subp 2D)
Class A and C premises permits:
Rent for bingo and all other gambling activities conducted
during that bingo occasion may not exceed:
$200 for up to 6,000 square feet;
$300 for up to 12,000 square feet; and
$400 for more than 12,000 square feet.
Rent to be paid per bingo occasion $ 260. 12
® pull -tabs 1 x I tipboards
Class B and D premises permits:
Rent for gambling activities not including bingo
is a maximum of $1000 per month.
Rent to be paid per month $
Rent may not be based on a percentage of receipts, profits from lawful gambling, or on the number of
participants attending a bingo occasion.
An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling.
Premises? Description
The area(s) leased within the premises are
Sketch
feet by Ir ecru 1arfeet, for atotal of 11 , 600
feet by feet, for a total of
feet by feet, for a total of
square feet.
square feet.
square feet.
Combined total 11 , 600 square feet
Attach a sketch which shows the location and dimensions of the leased areas.
Effective Dates
The lease will go into effect at 12:01 a.m. on Nov. 1 19 93 and will end at 12:00 a.m. on Oc
19 94 for a period of at least one year.
Times and Days of Bingo Activity (If none, indicate N /A) p N/A
The bingo occasions will be held (a maximum of 7 bingo occasions per organization):
from (hours)7 : 15 -9: OQasn. /p.m.) to 9: 1 5 -1 1 : 00(xmiJp.m.) on (days of week) Sunday
from (hours)7 : 15 -9 : 09a./p.m.) to 9: 15 -11 : 00(itanJp.m.) on (days of week) Monday
31
from (hours) 7 : 15 - 9 : 0 Rama. /p. m.)
from (hours)7:15- 9:0Rs: /p.m.)
from (hours�0 : 30 -1 : O Qa.m./ .)
0:30 -1:0
from (hours) a.m./poa.)
from (hours) 7 : 15 - 9 : 0 Qum /p.m.)
* See Exhibit E
to 9 : 15 -1 1 : 00( Jp.m.) on (days of week)
to 9 : 15 -11 : 00(4 m.) on (days of week)
0 9
155 :0
to : 15 -1 1 : 00(artrip.m.) on (days of week)
7:15 -9:00
to 9: 1 5 -1 1 : 00(410Jp.m.) on (days of week)
to 9:15 -11 : 00(1Jp.m.) on (days of week)
page-10
Tuesday
Wednesday
Thursday
Friday
Saturday
By agreeing to the terms of this lease, it Is mutually agreed that:
• When leasing from a licensed bingo hall, the lessor must be legal owner of the property.
• The owner of the property or the lessor may not manage gambling at the premises.
• The lessor of the premises, his or her immediate family, and any agents or employees of the lessee may not
participate as players in the conduct of lawful gambling on the leased premises.
• The lessor and the lessee do not have a direct or indirect financial interest in the distribution or manufacture
of gambling equipment.
• The lessor of the premises will allow the Board or agents of the Board, the Commissioner of Public Safety or
agents of the commissioner, or the Commissioner of Revenue or agents of the commissioner, and law
enforcement personnel to inspect the premises at any reasonable time, and permit the organization to
conduct lawful gambling at the premises according to the terms of this lease. The lessor may not impose any
conditions an the organization regarding distributors of gambling equipment, services, or the use of profits.
• The organization must obtain an organization license, gambling manager license and a premises permit from the
Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawful
gambling.
• The organization must have, at the gambling premises, a current inventory of gambling equipment, a sketch with
dimensions of the premises available for review, and a clear physical separation or divider between the lessee's
gambling equipment and the lessor's business equipment.
• The organization will be responsible for ensuring that the lessor's business activities are not conducted on the
leased premises.
• The lease shall be terminated immediately for any gambling, liquor, prostitution or tax evasion violations occurring
on the premises.
• The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable
and necessary to conduct lawful gambling on the premises and as agreed upon in this lease.
• (Write in any other conditions or restrictions that will be included as part of the lease. Attach additional sheets if
necessary)
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities.
There is no other agreement and no other consideration required between the parties as to the lawful gambling and other
matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board within 10 days
of the change.
• Signature of Lessor Date
9/22/93
Title
President
•
A copy of this tease and sketch with dimensions must be submitted with the promisee permit application renewei or when
iihanges in NI vase ocour to:
Signal
organization off (lessee) Date
G,ile %/ c/2/
9:
Title
C.E.O.
Gambling Control Board
1711 W. County Road 8, Suite 300 S
Roseville, Minnesota 55113
(10/28/92)
Page 11
LEASE INDEX
ARTICLE NO. TITLE PAGE #
INTRODUCTION PAGE
LEASE INDEX
I RENTAL
II OPERATION AND MAINTENANCE OF COMMON AREAS
III USE OF PREMISES
IV UTILITIES AND MAINTENANCE SERVICES
V REPAIRS
VI INSTALLATIONS, ALTERATIONS AND SIGNS
VII INDEMNITY
VIII INSURANCE
IX DAMAGE BY FIRE OR OTHER CASUALTY
X EMINENT DOMAIN
XI ASSIGNMENT AND SUBLETTING
XII ACCESS TO PREMISES
XIII REMEDIES
XIV SURRENDER OF POSSESSION
XV SUBORDINATION AND ATTORNMENT
XVI NOTICES
XVII ESTOPPEL CERTIFICATES
XVIII TAXES
XIX TENANTS' ASSOCIATION
XX GENERAL
XXI OFFSET STATEMENT
XXII TITLE
XXIII CONDITION OF PREMISES
XXIV TERMINATION PROVISION
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THE MARKET PLACE
FIRST AMENDED AND RESTATED LEASE ADDENDUM
INTRODUCTION PAGE
DATE: , 1993
LOCATION: 2900 Rice Street, Suite 320 approximately 11,600 square feet
LANDLORD: MKP, Inc.
TENANT:
FUNDAMENTAL LEASE PROVISIONS
LEASE TERM:
The term of this lease shall be for five years, beginning November 1, 1993
consisting of five successive one year terms renewable automatically except upon
notice given in accordance with the addendum.
MINIMUM ANNUAL RENTAL:
$18.50 per sq. ft. per year x 11,600 sq. ft. = $214,600.00
$214,600.00 _ 825 sessions = $260.12 per session
GROSS FLOOR AREA OF DEMISED PREMISES:
Approximately 11,600 square feet. The rentable area of the shopping center is
94,651 square feet. The Tenant's proportionate share in determining common
area maintenance, taxes and insurance on the building shall be the fraction 11,600
square feet _ 94,651 square feet.
EXHIBITS INCLUDED:
EXHIBIT "A" SITE PLAN
EXHIBIT "B" BUILDING PLAN
EXHIBIT "C" DEMISED PREMISES
EXHIBIT "D" PARKING
EXHIBIT "E" HOURS OF OPERATION AND INITIAL PROPORTIONA'1'b.
SHARE OF FIXED ANNUAL MINIMUM RENT
EXHIBIT "F" CLEANING SERVICES
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Page 13
FIRST AMENDED AND RESTATED LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this _ day of
by and between MKP, Inc., hereinafter called the "Landlord" and
hereinafter called the "Tenant ".
WITNESSETH:
That in consideration of the mutual covenants herein contained and intending to be legally
bound hereby, the parties agree as follows:
Landlord does demise, lease and let to Tenant, and Tenant does hire and take
from Landlord, non - exclusive rights to the premises within the red lines on
Exhibit "B" attached, in the building located at 2900 Rice Street, Little Canada,
Minnesota. The premises (the "Premises ") shall consist of approximately 11,600
square feet.
The term of this lease shall be for five (5) years consisting of five successive one year
terms renewable automatically unless terminated pursuant to Article XXIV Section 2 below,
beginning on November 1, 1993 (the "Lease Commencement Date ").
ARTICLE I
RENTAL
Section 1. Subject to any applicable maximum rent rates prescribed by law, Tenant shall
be liable for its Proportionate Share, as defined below, of the Fixed Annual Minimum Rent,
calculated as follows:
Base Rent $8.88 sq. ft.
Common Area Maintenance Charge ( "CAM ") 1.40 sq. ft.
Real Estate Taxes 2.00 sq. ft.
Utilities 3.00 sq. ft.
Cleaning & Miscellaneous 3.22 sq. ft.
TOTAL ( "Fixed Annual Minimum Rent ") $18.50 sq. ft. per year
Annual Rent $214,600.00
The Fixed Annual Minimum Rent shall be equal to Two Hundred Sixty Dollars and
Twelve One Hundredths Dollars ($260.12) per bingo session, based upon eight hundred twenty -
five (825) sessions per year (Landlord may adjust the number of sessions as appropriate to
include all sessions scheduled to be held in a given lease year under the "Times and Days of
Bingo Activity" set forth in the Bingo Hall Lease Agreement). Upon no less than two weeks
prior written notice to Landlord as to any current calendar year, Tenant may add up to three
additional sessions, without any rent charged therefor, at the following times:
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3
Page 14
Thanksgiving Morning
Christmas Eve
Christmas Morning
The Tenant's Proportionate Share of the Fixed Annual Minimum Rent during the term of this
lease shall be payable by Tenant in equal monthly installments, without prior demand, on or
before the first day of each month in advance, at the office of the Landlord or at such other
place designated by Landlord, and without any deduction or set -off.
The above - referenced CAM, Real Estate Taxes, Utilities, and Cleaning & Miscellaneous
are estimates for the first fiscal year of this lease. At the end of the first fiscal year, the actual
costs for CAM, Real Estate Taxes, Utilities, Cleaning & Miscellaneous will be determined, and
to the extent that the total of these items exceed the sum of $9.62 per square foot, then the
amount by which such items exceeded $9.62 per square foot will be added to the charges for
such items for the subsequent lease year. If the total of these items are less than the sum of
$9.62 per square foot, then the amount by which such items are less than $9.62 per square foot
will be subtracted from the charges for the subsequent lease year. It is the intent that this lease
will be a net lease for the first four years through the ability to adjust the expenses of each lease
year in the following year. Fixed Annual Minimum Rent in the fifth year will be based on
estimated expenses and will not be subject to subsequent adjustment.
The following additional terms and conditions shall apply to the calculation of various
components of the Fixed Annual Minimum Rent:
Base Rent: The Base Rent will be adjusted by Landlord on the anniversary of the Lease
Commencement Date each year to correspond to changes in the Consumer Price Index.
CAM: This is the Common Area Maintenance charge which is divided pro rata among
all tenants. It basically provides for the maintenance of all of the premises outside of the actual
demised premises. It includes, but is not limited to, such items as the following: snow removal,
grass cutting, mall window cleaning, parking lot and pylon sign maintenance, maintenance and
cleaning of the mall itself, public bathroom cleaning and supplies, management fees, mall
utilities, insurance, muzak, mall plants, sprinkler system water and maintenance, parking lot
maintenance, etc. This amount is budgeted every year, with the tenants paying an estimated
amount until the actual amounts are determined, and then adjustments are made so that the
charges reflect the actual pro -rata cost for each tenant as described above.
Real Estate Taxes: Includes the actual real estate taxes and assessments for the
Marketplace Shopping Center. Each tenant pays its pro -rata share. This amount is estimated
at the beginning of the year and then corrected to actual when the actual tax bills arrive and
adjusted as described above.
Utilities: Includes heat, air conditioning, water and sewer. It would also include any
repairs necessary to the HVAC units.
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4
Page 15
Cleaning & Miscellaneous: This is an estimate for whatever cleaning might be needed
within the demised premises. Also included in this category would be such items as trash
removal and any miscellaneous expenses such as Tenant's Association due that would be directly
attributable to the Tenant's occupation of the premises.
The Tenant's Proportionate Share of the Fixed Annual Minimum Rent will be based on
its allocated share of the total number of bingo sessions scheduled to be played on the Premises.
Subject to adjustment by Landlord in the event of changes in the number of participating tenants
or in the Tenant's allocated share of the total number of bingo sessions, the Tenant's
Proportionate Share of the Fixed Annual Minimum Rent will be a fraction, the numerator of
which is the number of weekly sessions of bingo scheduled to be operated by the Tenant and the
denominator of which is the number of weekly sessions of bingo scheduled to be operated by
all tenants of the Premises. Tenant's expected hours of operating bingo sessions and its initial
anticipated Proportionate Share of the Fixed Annual Minimum Rent is set forth on Exhibit E
attached hereto. The Tenant's Proportionate Share of the Fixed Annual Minimum Rent will be
adjusted periodically to account for changes in the number of bingo sessions operated on the
Premises by Tenant or by other tenants of the Premises. For example, in the event another
tenant of the Premises ceases to be a tenant or ceases to operate bingo sessions, the Tenant's
Proportionate Share of the Fixed Annual Minimum Rent will be adjusted to accommodate
additional sessions assumed by the Tenant. In the event bingo sessions operated by other tenants
of the Premises are reduced for any reason, Tenant agrees to reach an agreement with other
tenants of the Premises to increase the sessions operated by them so that no fewer than eight
hundred twenty five (825) sessions per year are operated at the Premises. The Tenant may agree
with other tenants of the premises to add additional tenants from time to time, subject to
approval of all licensing authorities and subject to the approval of Iandlord, in its sole
discretion. Landlord shall have the exclusive right to make changes to Tenant's Proportionate
Share of the Fixed Annual Minimum Rent following changes to the bingo sessions operated by
Tenants by notifying Tenant, by letter, of such changes within ten (10) days of their effective
date. All decisions by Landlord relating to Tenant's Proportionate Share of the Fixed Annual
Minimum Rent will be within the Landlord's sole discretion, subject to maximum rental rates
prescribed by law, and all decisions by the Landlord will be final.
Section 2. Tenant waives and disclaims any present or future right to apply any payment
or part- payment of rent, or to set -off counterclaim in any action for rent, against any obligations
of Landlord, however incurred, and agrees that it will not claim or assert such right, set -off or
counterclaim.
ARTICLE II
OPERATION AND MAINTENANCE OF COMMON AREAS
Section 1. For the purpose of this Article and wherever else used in this lease, the term
"common area" shall be defined as all that portion of shopping center improvements excepting
that area which is presently leased to tenants or is hereinafter leased to tenants. Landlord has
made no representation as to identity, type, size or number of other stores or tenancies in the
sado(f\wp\rnkpleas.2 5
Page 16
shopping center, and Landlord reserves the unrestricted right to change the building perimeters,
driveways, parking areas, store sizes and identity and type of other stores or tenancies and add
buildings and other structures, provided only that the size of the leased premises, reasonable
access to the leased premises, and minimum parking facilities as required by governmental
authorities having jurisdiction shall not be substantially or materially impaired subject to the
provisions of Article XI hereof.
Section 2. Landlord hereby grants to Tenant, its employees, agents, customers and
invitees, the nonexclusive right for and during the term of this lease and any renewal thereof to
use a portion of the parking area specifically designated by the Landlord and other common
areas. The area to be initially designated by Landlord to tenants of the Premises is set forth in
Exhibit D. Such use to be common with Landlord and all tenants of Landlord, its and their
employees, agents, customers and invitees, except when the same are being repaired. Tenant
shall not at any time interfere with the rights of Landlord and other Tenants, its and their
employees, agents, customers and invitees, to use any part of the common area or parking areas.
Landlord shall have the right to use portions of the common area for the purpose of displays,
promotions, programs, games, or other uses which may be of interest to all or part of the
general public.
Section 3. Landlord agrees to manage, operate and maintain during the term of this lease
and any renewal thereof all parking areas, roads, landscaping and drainage and lighting facilities
and other common facilities within the shopping center. The manner in which such areas and
facilities shall be maintained, and the expenditures therefor shall be at the sole discretion of
Landlord, who shall have the right to adopt and promulgate reasonable rules and regulations,
including the right to designate parking areas for use of employees of tenants of the shopping
center and to restrict such employees from parking areas designated exclusively for customers.
Upon reasonable request by Landlord, Tenant shall furnish a complete list of the names of the
Tenant's employees at the leased premises who have automobiles and of the state license
numbers of their automobiles, respectively, and the state license numbers of any motor vehicles
operated by Tenant.
ARTICLE III
USE OF PREMISES
Section 1. The leased premises may be used only for the operation of a bingo parlor and
for no other purposes without the written consent of Landlord. Tenant, together with other
tenants of the Premises, jointly and severally agrees to operate the entire leased Premises, fully
and for no other purposes without the written consent of Landlord. Tenant, together with other
tenants of the Premises, jointly and severally agrees to operate the entire leased Premises, fully
stocked and adequately staffed during the term of this lease and any renewal thereof, unless
prevented from doing so by causes beyond the Tenant's control, and to conduct its business at
all times in good faith, in a high grade and reputable manner, and in such manner. Tenant shall
promptly comply with all laws, ordinances and regulations affecting the leased premises and
promulgated by any duly authorized governmental authority and including insurance company
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requirements affecting the cleanliness, safety, use and occupation of the leased premises.
Without limiting the generality of the foregoing, Tenant agrees to maintain any required
government licenses and approvals necessary for the operation of a bingo parlor. Tenant shall
warehouse, store and /or stock in the leased premises only such goods, wares and merchandise
as Tenant intends to offer for sale at retail at, in and from the leased premises. Without limiting
the general prohibition against other uses, it is expressly agreed that Tenant in no event will use
the leased premises for the sale of liquor or for any unlawful use.
Section 2. The leased premises shall be used only for business and commercial purposes,
and no industrial manufacturing or processing activities (except such manufacturing or processing
activities as are usual, customary and incidental to and operated in connection with business and
commercial enterprises selling at retail and are so conducted on the said property) shall be
conducted in the leased premises. Tenant shall not use the leased premises for any purpose
which increases the rate of premium cost or invalidates any policy of insurance covering or
carried on the building in which the leased premises are located or the operation thereof or any
part of appurtenances thereof; nor conduct any auction, fire, closing our or bankruptcy sales in
or about the leased premises nor obstruct the sidewalks or common areas or use the same for
business or display purposes; nor abuse walls, ceilings, partitions, floors, wood, stone, iron
work; nor use plumbing for any purpose other than that for which constructed; nor make or
permit any noise or odor objectionable to the public, to other occupants of the building or the
Landlord to emit from the leased premises; nor to create, maintain or permit a nuisance thereon
nor do any act tending to injure the reputation of the shopping center; nor place nor permit any
radio or television antenna Loud speaker or sound amplifier, or any phonograph or other devices
similar to any of the foregoing on the roof or outside of the building or at any place where the
same may be seen or heard outside of the building; nor, where rear loading and delivery and
pick -up services are permitted, use or permit to be used from entrances for truck delivery or
pick -up of merchandise or supplies to or from the leased premises, or permit trucks or other
delivery vehicles while being used for any such purpose to be parked at any place within the
shopping center except such facilities as are specifically provided for such purpose.
Section 3. Tenant shall conduct its business in the leased Premises during the regular
customary days and hours allocated to Tenant as set forth on the attached Exhibit E, as the same
may be reallocated from time to time as set forth in Article I Section 1.
Section 4. Tenant agrees not to open or operate any other bingo operation within a
radius of two (2) miles of the leased Premises.
Section 5. Tenant shall not perform any acts or carry on any practices which may injure
the building or be a nuisance or menace to other tenants in the shopping center, and shall keep
the leased premises under its control including sidewalks adjacent to the leased premises and
loading platform areas allocated for the use of Tenant, clean and free from rubbish and dirt at
all times, and shall store all trash and garbage within the leased premises and will make the
same available for the regular pick -up and cartage of such trash and garbage.
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ARTICLE IV
UTILITIES AND MAINTENANCE SERVICES
Section 1. Landlord shall pay for all heating, air conditioning, electricity, gas, water
and sewer charges used in the leased Premises as provided under Article 1, Section 1.
Section 2. I andlord shall provide the cleaning services set forth on the attached Exhibit
F. Tenant shall provide security guard services adequate for its operations.
Section 3. Landlord shall not be liable in damages or otherwise if the furnishing by
Landlord or by any other supplier or any utility service or other service to the leased premises
shall be interrupted or impaired by fire, accident, riot, strike, act of God, the making of
necessary repairs or improvements or by any causes beyond the J andlord's control.
ARTICLE V
TENANT IMPROVEMENTS, REPAIRS
Section 1. Landlord agrees, at its expense, to provide security lights and additional
lighting in the north parking lot. In addition, Landlord shall provide up to $120,000 for
construction and demolition costs relating to tenant improvements for the leased Premises that
have been approved by Landlord, including bathrooms, a storage space, a non - smoking area and
additional ventilation (except as provided in Section 4 below). These funds must be used for
direct improvement of the Premises, and will be paid upon completion and acceptance of the
work and receipt of lien waivers. 1 andlord will coordinate with Tenant to provide access to the
premises (for the purpose of planning tenant improvements and obtaining bids) immediately after
signing of the Lease and after Landlord's receipt and approval of a construction contract or
contracts along with a detailed sworn construction statement in form and content satisfactory to
Landlord showing all construction costs can be completed for $120,000, and if not, this lease
will become null and void at the sole discretion of the landlord. Tenant shall have the right to
enter the premises for the purpose of construction of tenant improvements immediately after the
Landlord has obtained the required Bingo Hall license, without any charges for rent, prior to the
Lease Commencement Date when rent will commence. After the Tenant takes occupancy for
construction purposes, and prior to the Lease Commencement Date, the cost of utilities directly
consumed in the premises shall be considered as part of the Tenant Improvements as further
discussed below. Tenant must also show evidence of insurance covering the demised premises
upon taking occupancy for construction purposes, with the Landlord listed as additional insured.
Tenant shall also provide to Landlord lien waivers for all work performed on the property and
shall be responsible for any damage to the premises and shall so indemnify landlord for all costs
associated with repair to the premises occasioned by Tenant's occupancy for construction
purposes.
Section 2. Landlord shall keep the foundations, exterior walls, (except plate glass or
other breakable materials used in structural portions) and roof in good repair, and if necessary
or required by proper governmental authority, make modifications or replacements thereof,
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except that Landlord shall not be required to make any such repairs, modifications or
replacements which become necessary or desirable by reason of the negligence of Tenant, its
agents, servants or employees, or by reason of anyone illegally entering upon the premises.
Section 3. Landlord shall forthwith at its own cost and expense replace with glass of the
same quality any cracked or broken glass, including plate glass or glass or other breakable
materials used in structural portions of the Premises. This obligation excludes any interior and
exterior windows and doors in the leased Premises.
Section 4. Notwithstanding anything to the contrary herein, it is understood that the
capital improvements contemplated by Section 1 include only an estimated $25,000 for an
upgraded HVAC system. In the event this upgraded system should prove to be inadequate in
the reasonable discretion of Landlord based upon the advice of a third party contractor selected
by Landlord, Landlord will make further improvements or replacements of such equipment as
may be required. The cost of any such further improvements or replacements shall be split
equally between Landlord on one hand the Tenants on the other (i.e., each Tenant shall pay such
Tenant's Proportionate Share of fifty percent (50 %) of the total cost of any such improvements
or replacements).
ARTICLE VI
INSTALLATIONS, ALTERATIONS AND SIGNS
Section 1. As soon as it is reasonably possible, Tenant shall have the privilege, rent
free, of entering the leased premises for the purpose of setting Tenant's fixtures and storing
Tenant's merchandise, all to be done without interference with the work of Landlord. Such
entry of the leased premises by Tenant for this purpose shall not be construed as acceptance of
the store unit under the terms and provisions of this lease or as a waiver of any of the provisions
hereof, Tenant shall, as soon as possible after the notice from landlord proceed to get the leased
premises ready for occupancy so that the leased premises are ready to open- for - business as soon
as possible.
Section 2. Tenant shall not erect or install any permanent exterior or interior window
or door signs, advertising media or window or door lettering or placards or other signs without
Landlord's prior written consent. Landlord agrees to allow all of the tenants of the Premises
to use, as may be agreed among them, the existing "Baby's Room" sign which is part of the
pylon sign on Rice Street. All tenants of the Premises agree to modify the existing plastic sign
faces to properly reflect the new name. All tenants of the Premises may also use the fascia
signage after changing the names on the sign faces. Tenant shall not install any exterior lighting
or plumbing fixtures, shades or awnings, or make any exterior decoration or painting, or build
any fences, or make any changes to the store front without Landlord's prior written consent.
Use of roof is reserved to Landlord.
Section 3. Tenant shall not make any alterations or additions to the leased premises or
make any contract therefor without first procuring Landlord's written consent and delivering to
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Landlord the plans and specifications and copies of the proposed contracts and necessary
permits, and shall furnish indemnification against liens, costs, damages and expenses as may be
required by landlord. All alterations, additions, improvements and fixtures other than trade
fixtures, which may be made or installed by either of the parties hereto upon the leased premises
and which in any manner are attached to the floors, walls or ceilings, at the termination of this
lease, shall become the property of the Landlord and shall remain upon and be surrendered with
the leased premises as a part thereof, without damage or injury; and floor covering affixed to
the floor shall likewise become the property of Landlord, all without compensation or credit to
Tenant.
ARTICLE VII
INDEMNITY
Tenant agrees to indemnify and save Landlord harmless against any and all claims,
demands, damages, costs and expenses, including reasonable attorney's fees for the defense
thereof, arising out of the conduct or management of the business conducted by Tenant in the
leased Premises or from any breach or default on the part of Tenant in the performance of any
covenant or agreement on the part of Tenant to be performed pursuant to the terms of this lease,
or any act or negligence of Tenant, its agents, contractors, servants, employees, sublessees,
concessionaires, or licensees, in or about the leased Premises and the sidewalks adjoining the
same. In case of any action or proceeding brought against Landlord by reason of any such
claim, upon notice from landlord, Tenant covenants to defend such action or proceedings by
counsel reasonably satisfactory to landlord. Landlord shall not be liable and Tenant waives all
claims for damage to person or property sustained by Tenant or Tenant's employees, agents,
servants, invitees and customers resulting from the building in which the leased Premises are
located or by reason of the leased Premises or any equipment or appurtenances thereunto
appertaining becoming out of repair, or resulting from any accident in or about the leased
Premises, the building in which the same are situated or resulting directly or indirectly from any
act or neglect of any other tenant in said shopping center. This shall apply especially, but not
exclusively, to the flooding of basements or other sub - surface areas, and to damage caused by
refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive
heat or cold, falling plaster, broken glass, sewerage gas odors or noise, or the bursting or
leaking of pipes or plumbing fixtures. All property belonging to Tenant or any occupant of the
leased Premises or the shopping center shall be there at the risk of Tenant or such other person
only, and Landlord shall not be liable for damage thereto or theft or misappropriation thereof.
Landlord hereby waives and releases all claims, liabilities and causes of action against
Tenant and its agents, servants and employees for loss or damage to, or destruction of, the
buildings and other improvements situated on the shopping center resulting from fire, explosion
or other perils included in the standard extended coverage insurance, whether caused by the
negligence of any said persons or otherwise. This waiver shall remain in force so long as
landlord's insurer shall consent thereto without additional premium, and if additional premium
is charged, Tenant shall be required to pay the same to keep this waiver in force. Landlord shall
give Tenant written notice if Landlord's insurer shall refuse to consent to this waiver. Likewise,
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Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord
and its agents, servants, and employees for loss or damage to; or destruction of, any of the
improvements, fixtures, equipment, supplies, merchandise and other property, whether that of
Tenant or of others in, upon or about the leased Premises or the buildings or improvements of
which the leased Premises are a part resulting from fire, explosion or other perils included in
standard extended coverage insurance, whether caused by the negligence of any said persons or
otherwise. This waiver shall remain in force so long as Tenant's insurer shall consent thereto
without additional premium, and if additional premium is charged, landlord shall be required
to pay the same to keep this waiver in force. Tenant shall give Landlord written notice if
Tenant's insurer shall refuse suspension of one shall with the like effect terminate or suspend
the other.
ARTICLE VIII
INSURANCE
Section 1. Tenant shall not carry any stock of goods or do anything in or about the
leased premises which will in any way tend to increase insurance rates on the leased premises
or the building in which same are located. If Landlord shall consent to such use, Tenant agrees
to pay as additional rental any increases in premiums for insurance against loss by fire or
extended coverage risks resulting from the business carried on in the leased premises by Tenant.
If Tenant installs any electrical equipment that overloads the power lines to the building, Tenant
shall, at its own expense, make whatever changes are necessary to comply with the requirements
of insurance underwriters and insurance rating bureaus and governmental authorities having
j urisdiction.
Section 2. Tenant agrees to procure and maintain a policy or policies of insurance, at
its own cost and expense, insuring Landlord and Tenant from any claims, demands or actions
for injury or death of any one (1) person in an amount of not less than $500,000.00 and for
injury to or death of more than one (1) person in any one (1) accident to the limit of
$1,000,000.00 and for damage to property in an amount of not less than $500,000.00, made by
or on behalf of any person or persons, firm or corporation arising from, related to, or connected
with, the conduct and operation of Tenant's business in the leased premises. Tenant shall carry
like coverage against loss or damage by boiler or internal explosion by boilers, if there is a
boiler in the leased premises. Said insurance shall not be subject to cancellation except after at
least ten (10) days prior written notice to Landlord, and the policy or policies, or duly executed
certificate or certificates for the same, together with satisfactory evidence of the payment of
premium thereon, shall be deposited with Landlord at the commencement of the term and
renewals thereof not less than thirty (30) days prior to the expiration of the term of such
coverage. If Tenant fails to comply with such requirement, Landlord may obtain such insurance
and keep same in effect, and Tenant shall pay the Landlord the premium cost thereof upon
demand.
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ARTICLE IX
DAMAGE BY FIRE OR OTHER CASUALTY
Section 1. In case the building in which the leased premises are situated shall be
partially destroyed by fire or other casualty insurable under standard fire and extended coverage
insurance so as to be partially or totally untenantable, the same shall be repaired as speedily as
possible at the expense of Landlord, unless Landlord shall elect not to rebuild, as hereinafter
provided, and a just and proportionate part of the rent shall be abated until so repaired based
upon the time and to the extent the leased premises are untenantable.
ARTICLE X
EMINENT DOMAIN
Section 1. If the whole of the leased premises shall be taken by any public authority
under the power of eminent domain, then the term of this lease shall cease as of the day of
possession shall be taken by such public authority, and the rent shall be paid up to that date with
a proportionate refund by Landlord of such rent as shall have been paid in advance. In the event
more than ten percent (10 %) in area of the land herein described be so taken, the Landlord shall
have the right to terminate this lease at the time and with the rent adjustment as this Section 1
provides, by giving Tenant written notice of termination within thirty (30) days after the taking
of possession by such public authority.
Section 2. If any of the floor area of the leased premises or forty percent (40 %) of the
parking area shall be so taken, the Tenant shall have the right either to terminate this lease, or,
subject to Landlord's right of termination as set forth in Section 1 of this Article, to continue
in possession of the remainder of the leased premises upon notice in writing to Landlord of
Tenant's intention within ten (10) days after such taking of possession. In the event Tenant
elects to remain in possession, and Landlord does not so terminate, all of the terms herein
provided shall continue in effect except that the rent shall be proportionately and equitably
abated, and Landlord shall make all necessary repairs or alterations to the basic building,
storefront and interior work.
Section 3. All damages awarded for such taking under the power of eminent domain,
whether for the whole or a part of the leased premises, shall be the property of Landlord,
whether such damages shall be awarded as compensation for diminution in value of the leasehold
or to the fee of the leased premises; provided, however, that the Landlord shall not be entitled
to the award made to Tenant for loss of business, depreciation to and cost of removal of stock
and fixtures.
ARTICLE XI
ASSIGNMENT AND SUBLETTING
Section 1. Tenant shall not assign or in any manner transfer this lease or any interest
therein, nor sublet said leased premises or any part or parts thereof, nor permit occupancy by
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anyone with, through or under it, without the previous written consent of Landlord. Consent
by Landlord to one or more assignments of this lease or to one or more sublettings of the leased
premises shall not operate as a waiver of Landlord's rights under this Article to any subsequent
assignment or subletting. No assignments shall release Tenant of any of its obligations under
this lease or to be construed or taken as a waiver of any of Landlord's rights or remedies
hereunder. For the purpose hereof, if Tenant is a corporation or partnership or other entity, any
change in the control of Tenant shall be deemed to be an assignment which shall require
Landlord's consent as above set forth.
Section 2. Neither this lease nor any interest therein, nor any estate thereby created,
shall pass to any trustee or receiver in bankruptcy, at any assignee for the benefit of creditors
or by operation of law.
ARTICLE XII
ACCESS TO PREMISES
Landlord shall have the right to enter upon the leased premises at all reasonable hours
for the purpose of inspecting the same or of making repairs, additions or alterations thereto or
to the building in which the same are located, or for the purpose of exhibiting the same to
prospective tenants, purchasers or others and shall have the right to place a "for rent" sign or
signs in the leased premises during the last sixty (60) days of the term or any renewal thereof.
Landlord shall not be liable to Tenant in any manner for any expense, loss or damage by reason
thereof, nor shall the exercise of such right be deemed an eviction or disturbance of Tenant's
use or possession.
ARTICLE XIII
REMEDIES
Section 1. Landlord may terminate this lease the term demised upon the happening of
any one or more of the following events, and the same are not remedied within thirty (30) days
(within ten (10) days in regard to the payment of rent) after written notice to Tenant: (a) the
making by Tenant of an assignment for the benefit of creditors; (b) the levying of a writ of
execution or attachment on or against the property of Tenant; (c) in the event proceedings are
instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary
dissolution of Tenant, or for its adjudication as bankrupt or insolvent, or for the appointment of
a receiver, trustee or liquidator appointed therein discharged, within thirty (30) days after the
institution of said proceedings; (d) the doing, or permitting to be done by Tenant of any act
which creates a mechanic's lien or claim therefor against the land or building of which the leased
premises are a part; (e) if Tenant is a corporation, the transfer of part or all its shares
voluntarily or by operation of law so as to result in a change in the control of said corporation
by the person or persons owning a majority of said shares; (f) and the failure of Tenant to pay
an installment of rent when due or to perform any other of its covenants under this lease.
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Section 2. Under the termination of the estate as aforesaid, the Landlord may re -enter
the leased premises with or without process of law using such force as may be necessary, and
remove all persons and chattels therefrom and Landlord shall not be .liable for damages or
otherwise by reason of re -entry or termination of the terms of this lease. Notwithstanding such
termination, the liability of the Tenant for minimum rent provided for herein shall not be
extinguished for the balance of the term remaining after said termination.
Section 3. In the event of any breach hereunder by Tenant, Landlord may immediately
or at any time thereafter, without notice, cure such breach for the account and at the expense
of Tenant. If Landlord at any time, by reason of such breach, is compelled to pay, any sum of
money or do any act which requires the payment of any such looney, or is compelled to incur
any expense, including reasonable attorney's fees, in instituting or prosecuting any action or
proceeding to enforce Landlord's rights hereunder, the sum or sums so paid by Landlord, with
interest thereon at the rate of twelve percent (12 %) per annum from the date of payment thereof,
shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on
the first (1 st) day of the month following the payment of such respective sums or expenses.
Should I andlord at any time terminate this Lease for any breach, in addition to any other
remedies it may have, it may recover from Tenant all damages it incurred by reason of such
breach, including the cost of recovering the leased premises, reasonable attorney's fees, and
including the worth at the time of such termination of the excess, if any, of the amount of rent
and charges equivalent to the rent reserved in this Lease for the remainder of the term of this
Lease over the then reasonable rental value of the leased premises for the remainder of the term
of this Lease, all of which amount shall be immediately due and payable from Tenant to
J andlord.
Section 4. All rights and remedies of Landlord listed herein shall be cumulative and
none shall exclude any other right to remedy allowed by law, and said rights and remedies may
be exercised and enforced concurrently and whenever and as often as occasion therefore rises.
Section 5. Should Landlord be in default under the terms of this lease, Landlord shall
have reasonable and adequate time in which to cure the same after written notice to Landlord
by Tenant.
ARTICLE XIV
SURRENDER OF POSSESSION
Section 1. At the expiration of the tenancy created hereunder, whether by lapse of time
or otherwise, Tenant shall surrender the leased premises in good condition and repair, reasonable
wear and tear and loss by fire or unavoidable casualty excepted. If the leased premises be not
surrendered at the end of the term or the sooner termination thereof, Tenant shall indemnify
Landlord against loss or liability resulting from delay from Tenant in so surrendering the
premises, including, without limitation, claims made by any succeeding tenant founded on such
delay. Tenant shall promptly surrender all keys for the leased premises to Landlord at the place
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then fixed for payment of rent and shall inform the Landlord of combinations on any locks and
safes on the leased premises.
Section 2. In the event that Tenant remains in possession of the leased premises after
the expiration of the tenancy created hereunder, and without the execution of a new lease, it
shall be deemed to be occupying the leased premises as a tenant from month -to- month, at twice
the minimum rent, subject to all other conditions, provisions and obligations of this lease insofar
as the same are applicable to month -to -month tenancy.
Section 3. Upon the expiration of the tenancy hereby created, if landlord so requires
in writing, Tenant shall promptly remove any additions, fixtures and installations placed in the
leased premises by Tenant and designated in such request, and repair any damage occasioned
by such removals at Tenant's expense. In default thereof, Landlord may effect such removals
and repairs, and Tenant shall pay Landlord the cost thereof, with interest at the rate of twelve
percent (12 %) per annum from the date of payment by Landlord.
ARTICLE XV
SUBORDINATION, ATTORNMENT
Tenant acknowledges that Landlord intends to sell the property containing the Premises
and agrees to attorn to the new Landlord upon any such sale. Tenant acknowledges that if any
such purchaser of the property does not obtain a bingo parlor license, this lease shall
automatically terminate upon such sale in accordance with Article XXIV. Tenant agrees that
this lease and all rights contained herein are subordinate to any first mortgage that may exist or
hereafter be placed upon said leased premises and to any and all advances made thereunder and
to the interest thereon and all renewals, replacements and extensions thereof. Tenant further
agrees not to subordinate the lease or any other interest therein to any other mortgage or deed
of trust which may be placed on the leased premises. In the event of foreclosure of any above
described mortgage, the Mortgagor or purchaser at a foreclosure sale shall have the option, to
be exercised no later than sixty (60) days after the confirmation of the foreclosure sale, to
continue the lease in full force and effect or to terminate this lease and the right of Tenant in
possession of the leased premises. If any such Mortgagee or purchaser at a foreclosure sale
elects to continue the lease in full force and effect, Tenant will attorn to such Mortgagee or
purchaser and will recognize such Mortgagee or purchaser as the Landlord under this lease.
ARTICLE XVI
NOTICES
Whenever under this lease a provision is made for notice of any kind, such notice shall
be in writing and signed by or on behalf of the party giving or making the same. It shall be
deemed sufficient notice and service thereof if such notice is to Tenant and sent by registered
or certified mail, postage prepaid, to the last postoffice address of Tenant furnished to Landlord
for such purpose, or to the leased premises; and if to Landlord, sent by registered or certified
mail, postage prepaid, to the Landlord at the address furnished for such purpose, or to the place
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then fixed for the payment of rent. If Jandlord or Tenant is more than one (1) person, notice
need be sent to but one (1) tenant or one (1) Landlord, as the case may be.
ARTICLE XVII
ESTOPPEL CERTIFICATES
At any time and from time -to -time, the Tenant agrees upon request in writing from
Landlord to execute, acknowledge and deliver to Landlord a statement in writing certifying that
this lease is unmodified and in full force and effect (or if there have been modifications, that the
same is in full force and effect as modified and stating the modifications) and the dates to which
minimum rent, percentage rent and other charges have been paid.
ARTICLE XVIII
TAXES
Landlord shall pay in the first instance all real property taxes, installments of special
assessments payable therewith and rental taxes on rentals levied during the term hereof upon the
rentals from the leased premises, and against the buildings and other improvements made upon
the shopping center. Provided, however, that Tenant shall reimburse Landlord for Tenant's
share of such payments of real property taxes and installments of special assessments within the
demised premises. Tenant's share of such costs shall be based on the ratio of the total square
footage of the leased premises bears to the total square foot rentable floor area of all buildings
and structures constituting a part of this shopping center except buildings separately taxes or
assessed for which such taxes and assessments are directly allocated to their tenants. Tenant
shall also reimburse Landlord for rental taxes, if any, paid by Landlord on rentals from the
leased premises. One - twelfth (1 /12th) of the amount due shall be payable on the first day of
each month and added to the monthly rental. This amount may be based on Jandlord's
reasonable estimate until the actual tax amounts are available and when available, an adjustment
shall be made and any difference shall be payable based on the Tenant's actual share as
determined pursuant to the terms of Article I, Section 1. Tenant's share for the last year of the
lease term shall be equitably pro - rated. Tenant shall pay all personal property and similar taxes
on its property in the leased premises.
ARTICLE XIX
TENANTS' ASSOCIATION
Tenant agrees to designate a spokesperson that will be able to confer with other tenants
of the Premises and to make decisions relating to the Premises, including but not limited to the
reallocation of bingo session time.
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ARTICLE XX
GENERAL
Section 1. When, prior to the commencement of the term, Tenant shall be granted
permission by Landlord to enter the leased Premises for the performance of any work in order
to suit the leased Premises for Tenant's occupancy, then it is hereby agreed that any such entry
shall be at the Tenant's sole and own risk. Without limiting any of the foregoing, but in
addition thereto, Tenant agrees, and it is made the strictest essence of such entry, that before
entering upon the leased Premises, Tenant will immediately cause the Landlord to be insured
from the date of such entry with liability insurance according to coverage elsewhere provided
in this lease, to be paid by Tenant during the term; and in addition will deliver to Landlord
satisfactory proof that all workmen of Tenant or any of Tenant's contractors or subcontractors
entering upon the leased Premises are properly covered by workmens' compensation insurance.
Section 2. Nothing contained herein shall be deemed or construed by the parties hereto,
nor by any third (3rd) party, as creating the relationship of principal and agent or of partnership
or joint-venture between the parties hereto. Whenever herein the singular number is used, the
same shall include the plural, and the masculine gender shall include the feminine and neuter
genders.
Section 3. The various rights and remedies herein contained and reserved to each of the
parties hereto shall not be considered as exclusive of any other right or remedy of such party,
but shall be construed as cumulative and shall be in addition to every other remedy now or
hereafter existing at law, in equity, or by statute. No delay or omission of the right to exercise
any power by either party shall impair any such right or power, or shall be construed as a
waiver of any default or as acquiescence therein. One (1 ) or more waivers of any covenants,
term or condition of this lease by either party shall not be construed by the other party as a
waiver of a subsequent breach of the same covenant, term or condition. The consent or
approval by either party to or of any act by the other party of a nature requiring consent or
approval shall not be deemed to waive or render unnecessary consent to or approval of any
subsequent similar act.
Section 4. Tenant shall give immediate notice to J.andlord in case of fire or accidents
in the leased premises or in the building of which the leased premises are a part or of defects
therein or in any fixtures or equipment.
Section 5. The headings of the several articles contained herein are for convenience only
and do not define, limit or construe the contents of such articles. All negotiations,
consideration, representations and understandings between the parties are incorporated herein,
and may be modified or altered only by agreement in writing between the parties.
Section 6. The covenants, agreements and obligations herein contained shall extend to,
bind and inure to the benefit not only of the parties hereto, but their respective personal
representatives, heirs and successors and assigns.
sadoffwplmkplcas.2
17
Page 28
Section 7. Whenever a period of time is herein provided for either party to do or
perform any act or thing, that party shall not be liable or responsible for any delays due to
strikes, riots, acts of God, shortages of labor or materials, national emergency, acts of public
enemy, governmental restrictions, laws or regulations, or any other cause or causes, whether
similar or dissimilar to those enumerated, beyond its reasonable control.
Section 8. Tenant shall not record this lease without written consent of Landlord.
Section 9. No payment by Tenant or receipt by Landlord of a lesser amount than the
monthly rent herein stipulated shall be deemed to be other than on account of the earliest
stipulated rent, nor shall any endorsement or statement on any check or any letter accompany
any check or payment as rent be deemed on accord and satisfaction, and Landlord may accept
such check or payment without prejudice to Landlord's right to recover the balance of such rent
or pursue any other remedy in this lease provided.
Section 10. Tenant agrees that, except for reasons beyond its control, including but not
limited to, labor disputes, injury to or destruction of the demised premises, shortage of
merchandise or labor, governmental regulation, agreements with any labor organization,
reasonable periods for remodeling and redecoration and interruption of utility service, it will
remain open- for- business during such days and hours as are set forth on Exhibit E, with
adequate personnel to conduct its operations, except as otherwise provided for or stipulated by
Landlord.
Section 11. Unenforceability of any provision contained in this lease shall not affect or
impair the validity of any other provision of this lease.
Section 12. The laws of the State of Minnesota shall govern the validity, performance
and enforcement of this lease.
Section 13. Additional provisions, if any, are set forth on the attached "Exhibit D ",
which is by reference made a part hereof.
Section 14. The following exhibits are part of this Lease Agreement: Exhibit "A" - Site
Plan, Exhibit "B" - Building Plan; Exhibit "C" Demised Premises, Exhibit "D" - Parking,
Exhibit "E" - Hours of Operation and Initial Proportionate Share of Fixed Annual
Minimum Rent, Exhibit "F" - Cleaning Services.
ARTICLE XXI
OFFSET STATEMENT
Within ten (10) days after request therefore by Landlord, Tenant shall provide an offset
statement. Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee
or purchaser, or to Landlord, certifying (if such be the case) that this lease is in full force and
effect and there are no defenses or offsets thereto, or stating those claimed by Tenant. In the
sadoffflwp\mkcplcas.2
18
Page 29
event Tenant should refuse to execute and deliver said statement and /or certificate, Landlord
shall have the right to cancel this lease by giving Tenant an additional ten (10) days notice in
writing, whereupon this lease shall be of no further force and effect.
ARTICLE XXII
TITLE
Landlord covenants and warrants that it has full right and authority to enter into this lease
for the full term thereof. Landlord further covenants that Tenant, upon paying the fixed
minimum rent, percentage rent and all other charges provided for herein and upon performing
the covenants and agreements of this lease to be performed by said Tenant, will have, hold and
enjoy quiet possession of the leased premises.
ARTICLE XXIII
CONDITION OF PREMISES
Tenant shall take the Premises in an "as is" condition; provided that Landlord shall spend
up to $6,000 for repairs to the roof covering the leased Premises prior to the Lease
Commencement Date. Tenant, at its sole expense, shall be responsible for improvements or
costs not expressly indicated in this Lease to be the responsibility of Landlord or that are not
able to be completed within the budget for tenant improvements contemplated by Article V,
including but not limited to installation of new carpet, bathrooms, drapes, HVAC, wall repairs
and wall coverings and additional electrical requirements as required by Tenant.
ARTICLE XXIV
COMMENCEMENT AND TERMINATION PROVISIONS
Section 1. The term of this lease shall commence on the Iease Commencement Date
set forth above. Thereupon this lease shall be considered in full force and effect and the
obligation of Tenant to pay rent shall commence.
Section 2. In addition to the termination remedies set forth in Article XIII above, this
lease shall terminate immediately in the event Tenant ceases to be licensed as required by any
government authority to operate a bingo parlor or in the event Landlord, or any successor to the
Landlord, ceases to be licensed to operate a bingo hall. Landlord may also terminate this Lease
at any time upon thirty (30) days notice to Tenant in the event that Landlord, in its sole
discretion, determines that for any given lease year the rental income from the Premises (based
on reductions in the numbers of tenants or the number of sessions to be held or for any other
reason including but not limited to maximum session or operator requirements imposed by state
or local law) has or will decline to less than the Fixed Annual Minimum Rent. In addition,
Landlord may, for any reason, terminate this Lease as of the end of the day prior to an annual
anniversary date of this Lease by providing written notice of termination to Tenant not less than
sixty (60) days prior to the preceding anniversary date (for example, assuming a Lease
Commencement Date of November 1, 1993, if Landlord provides termination notice to Tenant
aadoff wp\mkpleaa.2
19
Page 30
at any time if the City of Little Canada issues a license to any entity that will allow other
facilities to operate a bingo operation within the City limits.
Section 3. At any time during the course of this lease, Landlord shall be permitted to
relocate Tenant, at the Landlord's sole cost, to a location mutually acceptable to landlord and
Tenant. If there is not a mutually acceptable location, this lease can be terminated with no cost
or obligation to the Landlord. Landlord shall provide Tenant no less than sixty (60) days written
notice to Tenant of any required relocation. In the event the Landlord relocates Tenant within
the Market Place Shopping Center, Tenant shall have one five year option to extend this lease.
The terms and conditions of the new lease for the option period will be identical to this lease
except that Landlord and Tenant must agree upon the Base Rent to be charged in the option
period, which base rent will not exceed the going rate for other tenants in the market Place
Shopping Center at the time of extension.
IN WITNESS WHEREOF, Landlord and Tenant have signed this lease on the day and
year first above written.
In Presence of:
,adornwp\mkplcas.2
20
LANDLORD: MKP, Inc.
By:
Its:
By:
Its:
TENANT:
LIT _ E CANADA t'H'J TY PLUS, INC.
Page 31
A
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Page 35
a
EXHIBIT F
CLEANING SERVICES
Premises cleaned 465 times; once after the last evening session each day, and once after
the morning sessions on Thursday and Friday.
Cleaning to include:
sadoff\wp\mkpleas.2
Wiping all tables and chairs - daily
vacuum all carpet - daily
Tile /linoleum floors washed - daily
Ash trays cleaned - daily
Waste baskets emptied - daily, new linings
Restrooms washed (floors, stools, mirrors, sinks)
1 carpet cleaning every six months
1 vent cleaning every six months
Window cleaning daily
TV monitors once a month
Cleaning supplies, paper products supplied by owner.
2 dumpsters (1 -8 yds, 1 4 -yds) for cardboard and trash picked up 1 time per
week.
Page 36
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M M M M M M M M M M M In r T M C) M M
Vl (fl 49 Ol el ff? (fl 49 69 fA (H EA Vl Vl E9 EA 69 Cfl
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✓ T T T r r r r T T r r r r r r r r
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co CO (0 CO O O O co (O CO co co co Tr. O O O O U) m
✓ T T T o o OD O O U) U) M O
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•(;.;
DT
P. t` n n n h .O4 69 EA "4 dam' c CO
69 A Z; A Z73 V^ V^ cc), V J , LTA ♦Np
vJ v!
N N N N N N N N N N N N N N N N N N
r r T r
�Tp
vl VA • rPrT 6699 vT l VT l 69 4699 vT� vTA We Tie
1_ N R
T T T T
O O O O O O O O O O O O O O U) U) C) U)
O O O O O O O O O O O V CO 00 CO M
T T r r r T T T T T.P. T N r
.0
C C C C C C C C C C C C C C C C C C
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 CU 0) 0) 0) 0 0) CU 0) 0 CD N 0) 0 0) 0 0 0)
6) CP C) CD Co CP CD C) a) CD CD CD CA C7) 6) O) O)
W w W LU lL W W lL W W W W W w UJ w W W
0) U) 0) U) P� T CO LO r h LC) CO U) In CO r U)
C))C))OO)OM) N0000000000 0 OOrr
N N N N N Cr) M CO CO CO M CO CO CO CO CO M M
T N M V U) CO f• CO 0) O T N CO V Q m U) CO t` CO
CO CO CO CO CO CO O O co r.. h r- h r- h C` r n n
$151,368.04 $134,472.81
TOTAL PART 2
TOTAL PARTS 1 & 2
Page 42
NO.
ASSESSMENT ROLL
IMPROVEMENT NO. 92 -5
LABORE ROAD
Sept. 1993
LABORE ROAD STREET IMPROVEMENT
ASSESSMENT ROLL
ADDRESS
1 469 Labore Ave. (1)
2 2851 Vanderbie Street (2)
3 525 Labore Ave. (3)
4 535 Labore Ave.
5 551 Labore Ave. (4)
6 2851 Edgerton St. (5)
7 2837 Noel Dr. (6)
8 2838 Noel Drive
9 510 Labore Ave.
10 516 Labore Ave.
11 528 Labore Ave.
12 536 Labore Ave.
13 PIN # 05292231 -0020
14 544 Labore Ave.(PIN # 05292231 -0019)
15 552 Labore Ave. (7)
16 2833 Edgerton Street
(1)
(2)
(3)
(4)
(5)
(6)
(7)
FRONT
FOOTAG
ASSESS. ASSESS. ASSESSMENT
FOOTAGE RATE AMOUNT
276.15 276.15 $43.22
270 54 $43.22
185 121 $43.22
85 85 $43.22
175 117.59 $43.22
225 45 $43.22
200 40 $43.22
200 40 $43.22
95.84 95.84 $43.22
95.84 95.84 $43.22
95.84 95.84 $43.22
85.84 85.84 $43.22
75 75 $43.22
95.84 95.84 $43.22
143.76 125 $43.22
143.76 28.75 $43.22
2447.87 1476.69
20% Side lot frontage assessed on Desoto Street Project.
Splitable into 3 lots.
100% frontage assessed on Vanderbie Street Project
Splitable Lot w/ 20% of 80' and 100% of 105'.
Rectangular lot based on depth.
Corner lot w/ frontage on County Road
Not Splitable
Max. 125' assessment
Page 43
$11,936.47
$2,334.13
$5,230.17
$3,674.09
$5,082.78
$1,945.11
$1,728.98
$1,728.98
$4,142.64
$4,142.64
$4,142.64
$3,710.40
$3,241.84
$4,142.64
$5,403.07
$1,242.71
$63,829.29
ASSESSMENT ROLL
IMPROVEMENT NO. 92 -10
COSTA LANE
ADDRESS PROPERTY ID NO. AMOUNT
1. 480 Costa Lane 05- 29 -22 -31 -0097 $9,135.00
2. 490 Costa Lane 05- 29 -22 -31 -0096 $9,135.00
3. 2860 Costa Lane 05- 29 -22 -24 -0086 $9,135.00
4. 2865 Costa Lane 05- 29 -22 -24 -0095 $9,135.00
5. 2870 Costa Lane 05- 29 -22 -24 -0085 $9,315.00
6. 2875 Costa Lane 05- 29 -22 -24 -0094 $9,135.00
7. 2880 Costa Lane 05- 29-22 -24 -0084 $9,135.00
8. 2885 Costa Lane 05- 29 -22 -24 -0093 $9,135.00
9. 2895 Costa Lane 05- 29 -22 -24 -0092 $9,135.00
10. 2900 Costa Lane 05- 29 -22 -24 -0083 $9,135.00
11. 2905 Costa Lane 05- 29 -22 -24 -0091 $9,135.00
12. 2910 Costa Lane 05- 29 -22 -24 -0082 $9,135.00
13. 2915 Costa Lane 05- 29 -22 -24 -0090 $9,135.00
14. 2920 Costa Lane 05- 29 -22 -24 -0081 $9,135.00
15. 2925 Costa Lane 05- 29 -22 -24 -0089 $9,135.00
16. 2930 Costa Lane 05- 29 -22 -24 -0080 $9,135.00
17. 2935 Costa Lane 05- 29 -22 -24 -0088 $9,135.00
18. 2940 Costa Lane 05- 29 -22 -24 -0079 $9,135.00
19. 2945 Costa Lane 05- 29 -22 -24 -0087 $9,135.00
20. 2950 Costa Lane 05- 29 -22 -24 -0078 $9,135.00
21. 2960 Costa Lane 05- 29 -22 -24 -0077 $9,135.00
22. David Wright 05- 29 -22 -24 -0043 $18,270.00
Property (Two Lots)
Per Lot Assessment: Street
Sanitary Sewer
Water Main
Page 44
$5,586.87
1,795.78
1,752.35
$9,135.00
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VANDERBIE /ALLAN STREET AND WATER MAIN IMPROVEMENTS
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ASSESSMENT ROLL
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Page 45
T T T T r r r r T
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EA Eft EA EA EA EA EA EA EA EA EA EA EA EA EA Efl EA EA EA EA Eft EA CA EA EA Eft Eft EA
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O O O O O O O O O O O O O O O M O 0 0 N
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M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O LD V
O (p O O O O O O O O O O O O O O r, O O O O O T • M M O N LD V'
T T T T T T T T T T T T T T T CO CO 0 CO 1T C
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Q O O .A O 9 6 CQ O
N '00 "00 '�O '0O V '06 "06 a '00 ' O 'NCO 'O C3 '06 Q N
O C C C C C C C C C C C C C C C C C C C C C C M C C C
.Q CO (0 RS (t N N CS (t) 00 It (6 l0 al (t (6 fE La N (6 CY it N W (6 N N
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LO LO r O) O T N CO V' V In CO N O) O) <Y (O N co O CO CO N. L() LO
LO CO N N N CO N N N N N N N N CO 't 't V t LO N OV 't MV
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Page 46
I� O O to N V' W
I� O O co O N LC)
T 69 co O I, V (O
N T T N
M (000(0
O
O
EA
CO O O CO CO co co
O O M co co co
O O O CO CO W N
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N N CV (V
fA co Efl EA 64
N O O T T N I
M O O N M O Tt
O O O (n IC V h
O COD W W (fj
vI v/ v/ v/ v!
•ct V C
N N N C C N •
N N N
N N N N N N N
'ct gt 'd' "4 V' 'q' d'
CH E0 fA EA EH EA EA
T In .z
t. O N T M O
N W O M
O • N m (A O) to N
r1'
W C', N r CO CO
T O O r T
0 N N C
N 0 N t
a-o-O 0
CCC >> > c_C6 m 5 W
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$111,762.00
TOTAL ASSESSED AMO
Page 47
LOT
NO.
ASSESSMENT ROLL
IMPROVEMENT NO. 92 -14
NADEAU ROAD
Sept. 1993
NADEAU ROAD STREET ASSESSMENTS
ASSESSMENT ROLL
PARCEL
1 KANDICE HEIGHTS I
2 KANDICE HEIGHTS II
TOTAL
ASSESS.
$9,120.75
$9,120.75
$18,241.50
Page 48
LOT
NO.
ASSESSMENT ROLL
IMPROVEMENT NO. 93 -7
LITTLE CANADA ROAD STORM SEWER
Sept. 1993
LITTLE CANADA ROAD STORM SEWER IMPROVEMENTS
ASSESSMENT ROLL
PARCEL
TOTAL
ASSESS.
1 City of Little Canada
2 Ramsey County
3 Carl Swanson
$9,582.33
$9,582.33
$9,582.33
$28,746.99
Page 49
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 91 -11
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL
Beverly Sealze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of streets within Ryan
Industrial Park, the contract price for such improvement is
$192,837.00 and the expenses incurred or to be incurred in the making
of such improvement amount to $33,146.00 so that the total cost of
the improvement will be $225,983.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $44,610.80 and the portion of the
cost to be assessed against benefited property owners is declared
to be $181,372.50.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 50
cXO/ V 2W4 c4( CL
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 92 -3
WHEREAS,
MA YOR
Raymond G. Hanson
COUNCIL
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement on Edgerton Street from
the north line of Little Canada Road to County Road D, County Road D
from the east line of Edgerton Street to the west line of Payne
Avenue, and Keller Parkway north from Little Canada Road
approximately 500 feet by water main improvement, and the contract
price for such improvement is $353,327.00 and the expenses incurred
or to be incurred in the making of such improvement amount to
$16,938.00 so that the total cost of the improvement will be
$370,265.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $84,424.15 and the portion of the
cost to be assessed against benefited property owners is declared
to be $287,715.85.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 51
'+ ei ' r . ceCG/'Geeek
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 92 -5
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of LaBore Road between
the east line of DeSoto Street to the west line of Edgerton Street by
street reconstruction and storm sewer improvements, and the contract
price for such improvement is $265,181.00 and the expenses incurred
or to be incurred in the making of such improvement amount to
$23,116.00 so that the total cost of the improvement will be
$288,297.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $224,467.71 and the portion of the
cost to be assessed against benefited property owners is declared
to be $63,829.29.
2 Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 52
`e+ O > n Ydr% e(vitac/a
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 92 -10
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of Costa Lane between
DeSoto Street and DeSoto Street by storm sewer, water main, sanitary
sewer, concrete curb and gutter, and bituminous street construction
and the contract price for such improvement is $199,609.00 and the
expenses incurred or to be incurred in the making of such improvement
amount to $10,496.00 so that the total cost of the improvement will
be $210,105.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $0 and the portion of the cost to
be assessed against benefited property owners is declared to be
$210,105.00.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 53
'4' 29tY/ ceemack
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 92 -11
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of Vanderbie Street lying
between the north line of LaBore Road and the south line of Allen
Avenue, and Allen Avenue lying between the east line of DeSoto Street
and the west line of Edgerton by storm sewer, water main, concrete
curb and gutter, and street reconstruction and the contract price for
such improvement is $459,073.00 and the expenses incurred or to be
incurred in the making of such improvement amount to $26,965.00 so
that the total cost of the improvement will be $486,038.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $178,429.00 and the portion of the
cost to be assessed against benefited property owners is declared
to be $307,609.00.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator
Mayor
Page 54
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 92 -14
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of Nadeau Road between
Country Drive and Condit Street by concrete curb and gutter and
street reconstruction and the contract price for such improvement is
$33,746.00 and the expenses incurred or to be incurred in the making
of such improvement amount to $2,737.00 so that the total cost of the
improvement will be $36,483.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $18,241.50 and the portion of the
cost to be assessed against benefited property owners is declared
to be $18,241.50.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 55
515 Little Canada Road, Little Canada, MN 55117 -1600
(612) 484 -2177 / FAX: (612) 484 -4538
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
IMPROVEMENT NO. 93 -7
WHEREAS,
MAYOR
Raymond G. Hanson
COUNCIL.
Beverly Scalze
Jim LaValle
Steve Morelan
Bob Pedersen
ADMINISTRATOR
Joel R. Hanson
A contract has been let for the improvement of Little Canada Road
between McMenemy Road to Edgerton Street by storm drainage facilities
and the contract price for such improvement is $27,800.00 and the
expenses incurred or to be incurred in the making of such improvement
amount to $947.00 so that the total cost of the improvement will be
$28,747.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be $9.582.34 and the portion of the
cost to be assessed against benefited property owners is declared
to be $19,164.66.
2. Assessments shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1994, and shall bear interest at the rate of 6.25%
per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
4. The City Administrator shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 22nd day of September, 1993.
City Administrator Mayor
Page 56
LG220
(Rev. 4/2/93)
Minnesota Lawful Gambling
Application for Authorization for
Exemption from Lawful Gambling License
Fill in the unshaded portions of this application for exemption and
send it in at least 45 days before your gambling activity for processing.
Name and Address of Organization
Organization Name
St. John's Church of Little Canada
Street City
380 Little Canada Rd. St. Paul
Chief Executive Officer
FOR BOARD USE ONLY
FEE CHK
INIT DATE
Currenbprevbus Ilcense number
Daytime Phone Number
Rev Robert Fitzpatrick (61�
Type !ofNon- profit Organizationr
State
Mn.
Treasurer
Zp code
55117
484 -2708 same
Current/previous exempt number
62005 -93 -002
County
Ramsey
Daytime Phone Number
Check the box below which indicates your type of organization
❑ Fraternal
❑ Veterans
® Religious
❑
Other non -profit
Gambling Site *A member of
Name of site where activity will take place
school gym
Check the box that indicates your proof of nonprofit
status and attach a copy of the proof to the application.
❑ IRS designation
❑ Certification of good standing from the Minnesota
Secretary of State's office
® Affiliate of parent nonprofit organization (charter)
the St.'iPaul /Mpls. Archdiocese (on charter in your office)
Street 2621 McMenemy Cm St. Paul
Township
State
MN
Zip code
55117
Date(s) of activity (for rallies, Indicate the date of the drawing)
November 21, 1993
Types of
Game(s)
Bingo
Raffles
Paddlewheels
Tipboards ❑
Pull -tabs ❑
County
Ramsey
Gross Receipts:
Financial Report
Expenses, including
Cost of Prizes
Net Profit
Market Value of Prizes
(Inctudtng Donations:t
and cash)
0
I declare all information submitted to the
Gambling Control Board is true, accurate,
and complete.
Isirbutor trom;whom gambling:equpment
bide butors license number
as purchased
%1473
I' declare all financial Information submitted to the Gant'Itng Control:!
Board is true,: accurate, and complete,
ChiAf Exec Nye Olga s ur Date Chief Executive Officer's
Local Unit o ov • r ent Acknowledgment
Signature Date
I have received a copy of this application. This application will be reviewed by the Gambling Control Board and will become ededive 30 days from the date of
receipt by the city or county, unless the local unit of govemmem passes a resolution to specifically prohibit the activity. A copy of that resolution must be received
by the Gambling Control Board within 30 days of the date filled In below. Clues of the first class have 60 days In which to disallow the activity.
City or County Township
City of ... ty
cawing applica}loh
Township name
TXIe
This form will be made available
in alternative format (i.e. large
print, braille) upon request.
Signature of person receiving application
Date received v Title
Date Received
Mail with $25 permit fee and copy of
proof of nonprofit status to:
Gambling Control Board
1711 W. County Rd. 8, Ste. 300 S.
Roseville, /
Township is
❑ organized
❑ unorganized'
❑ unincorporated`
Attach letter
White - Original
Yellow - Board returns to
Organization to complete
shaded areas