HomeMy WebLinkAbout#07 - Rocco's Pizza Lease AmendmentSTAFF REPORT
DATE: December 3, 2019
CONSENT
AGENDA ITEM: Rocco’s Pizza Lease Amendment
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
The city council approved a lease for Rocco’s Pizza in May 2018. Since that time the business
has inquired about a larger space to accommodate their growth. The city has a larger space
available in the Brookfield building after a recent vacancy.
ISSUE BEFORE COUNCIL:
Should the City Council approve the lease amendment with Rocco’s Pizza?
PROPOSAL DETAILS/ANALYSIS:
Included in your packet is a proposed lease amendment which has been drafted by the City Attorney. The
changes to the lease include identifying the larger space and an increase in the monthly rent to $600
beginning December 1, 2019.
FISCAL IMPACT:
Additional $2,400 annually.
OPTIONS:
1) Approve the proposed lease amendment
2) Amend and then approve the lease amendment
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve the lease amendment with Rocco’s Pizza
ATTACHMENTS:
• Lease Agreement Amendment
1
624338v1LA515-1
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT (“Amendment”) is made as of
November __, 2019 (the “Effective Date”), by and between the City of Lake Elmo, a Minnesota
municipal corporation (the “Landlord”) and Rocco’s Pizza, Inc., a Minnesota corporation (the
“Tenant”) (each referred to herein as a “Party” and collectively the “Parties”).
RECITALS
WHEREAS, the Parties entered into that certain Lease Agreement dated June 1, 2018
(the “Lease”) for approximately 350 rentable square feet of space within the property owned by
Landlord located 3880 Laverne Avenue North, Lake Elmo, Minnesota 55042 (the “Building”);
WHEREAS, Landlord and Tenant now desire to amend the Lease to allow tenant to
relocate to a different suite within the Building upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
and agreements contained herein, Landlord and Tenant hereby agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals shall be and are hereby incorporated into and made a part
of this Amendment.
2. Defined Terms. Unless otherwise defined herein, each capitalized term used in this
Amendment shall have the same meaning ascribed to such term in the Lease.
3. The Premises. The parties have agreed to allow Tenant to relocate within the Building to
a suite down the hall which will continue to be referred to as Suite 140 and will now be
described as follows:
That certain rental space in a building owned by the Landlord and located on the North
350.18 feet of Lot One (1), Block Two (2), BROOKMAN ADDITION, County of
Washington, State of Minnesota which rental space totals 540 square feet; of which is
located on the 1st floor of the building and known as Suite 140; the post office address of
said building is 3880 Laverne Avenue North, Lake Elmo, Minnesota 55042.
(the “Premises”)
4. Rent. For its use of the Premises, the Tenant shall pay to the Landlord, during the term of
the Lease, monthly rent in the sum of $600.00. Rent shall be paid by the Tenant to the Landlord
on the first day of each month, beginning on December 1, 2019.
5. Ratification. Except as specifically modified by this Amendment, the parties hereby
ratify and affirm the Lease.
2
624338v1LA515-1
6. Binding Effect. This Amendment amends and supplements the Lease. If there is a
conflict between the provisions of the Lease and this Amendment, the provisions of this
Amendment shall control. As of the Effective Date, this Amendment shall be binding upon and
inure to the benefit of Landlord, Tenant and their respective successors and permitted assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day
and year first above written.
TENANT: LANDLORD:
ROCCO’S PIZZA, INC. CITY OF LAKE ELMO
By: _______________________ By: _____________________________
Jim Bauer Mike Pearson
Its: President Its: Mayor
By: ______________________________
Julie Johnson
Its: City Clerk