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HomeMy WebLinkAbout2013-025 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 13 -25 RESOLUTION APPROVING THE CIVIC COMPLEX LEASE AGREEMENT WHEREAS, the City Council of the City of Lino Lakes determined to lease the portion of the Lino Lakes Civic Complex formerly occupied by the Centennial Early Childhood Education program (the "Facility "), and; WHEREAS, Veritas Academy, a new private, not - for - profit school has expressed its interest in leasing a majority of the Facility for its location, and; WHEREAS, the City's Bond Counsel has reviewed the Lease Agreement and finds it to be in compliance with Federal Tax Regulations for leasing the Facility to a non - governmental entity within a Civic Complex that was financed with CIP tax exempt bonds, and; WHEREAS, the City's Bond Counsel has reviewed the lessee's Mission Statement and Business Plan and finds it to be compliant with the First Amendment in leasing a public, bond - financed building. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Civic Complex Lease Agreement. • NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes that City staff and consultants are authorized and directed to take all other actions required to carry out the intent of this Resolution. Adopted by the Council of the City of Lino Lakes this 11`h day of March, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, Stoesz, O'Donnell, The following voted against same: none ATTEST: • Reinert Jeff Reine , . yor IP • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Mary Alice Divine MEETING DATE: March 11, 2013 TOPIC: Consideration of Resolution No. 13 -25 Approving a Civic Complex Lease Agreement VOTE REQUIRED: 3/5 INTRODUCTION In February 2012 a commercial broker was hired to market the former ECFE of the Lino Lakes Civic Complex for lease. A new, private, not - for - profit school is interested in leasing the facility. Staff has been working with the broker to complete a Lease Agreement for City Council consideration. Parties have come to a general agreement and the City's bond counsel has reviewed the lease. BACKGROUND Veritas Academy would like to lease 9,635 square feet of the 9,938 square feet of the facility on a 5 -year term. The facility will be used for elementary education. The remaining square footage is located adjacent to the community room and will be withheld by the City for future expansion of the community room. In addition, the academy has agreed to temporarily provide the City with two of the rooms in the facility for evening parks and recreation programming if needed, until enrollment increases to the point where they will be needed as classrooms. No interior remodeling of the facility will be required for their purposes. The lease arrangement is as follows: Base Rent. Months Net Rent SF Per Period Monthly PSF Net Rent Net Rent 1 to 6 $2.50 9,635 $12,043.75 $2,007.29 7 to 12 $4.50 9,635 $21,678.75 $3,613.13 13 to 24 $7.00 9,635 $67,445.00 $5,620.42 25 to 36 $7.50 9,635 $72,262.50 $6,021.88 37 to 48 $7.75 9,635 $74,671.25 $6,222.60 49 to 60 $8.00 9,635 $77,080.00 $6,423.33 In addition to the base rent the lease agreement calls for the tenant to pay a proportionate share of operational costs, including annual maintenance, utilities and insurance. The lease will be effective July 1, 2012 through June 30, 2018. The academy will supply a $5,000 security deposit on May 1. They are asking for council approval so that they can have assurance to begin marketing the location to their prospective clientele. Broker commission is $16,259. Two issues needed to be taken into consideration when leasing the facility. The civic complex was financed with CIP tax exempt bonds. For federal tax purposes, the amount of square footage being leased is within federal guidelines for leasing to a non - governmental entity. The academy's business plan, mission and curriculum was also evaluated and found to be compliant with the First Amendment regarding leasing a publicly financed, tax exempt facility to a faith based school. RECOMMENDATION Approve Resolution 13 -25 approving the Civic Complex Lease Agreement ATTACHMENTS Resolution No. 13 -25 • •