HomeMy WebLinkAboutResolution 8125 RESOLUTION 8125
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZE EXECUTION OF AN AGREEMENT TO EXTEND TERM
OF EXISITNG LEASE FOR AN ADDITIONAL FIVE YEARS
WHEREAS, the City of Mounds View, as landlord ("Landlord"), and Creative Kids
Academy-Mounds View, Inc., a Minnesota corporation, as tenant("Tenant")entered into
a lease assignment agreement dated December 22, 2008 ("Assigned Lease") which
modified the original lease agreement dated November 20, 2006; and
WHEREAS, the expiration date of the Assigned Lease was July 31, 2011; and,
WHEREAS, on May 9, 2011,the City Council approved Resolution 7778 authorizing
a two-year extension of the Assigned Lease through July 31, 2013; and,
WHEREAS, both parties, Landlord and Tenant, desire to extend the existing lease
for a five-year period such that the new expiration date would be July 31, 2018 by
executing the document entitled Extension of Lease Agreement ("Agreement") which is
attached hereto as Exhibit A; and,
WHEREAS, with the exception of the expiration date of the lease and shared costs
associated with the use of the dishwasher, all terms and provisions of the Lease as
assigned remain unchanged.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota that the Agreement is deemed acceptable
and the Mayor and City Administrator are authorized to execute the Agreement and to
take all necessary and reasonable steps to effectuate the Agreement.
Adopted this 22nd day of July, 2013.
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ATTEST \-)GtAtt,,h
A
James Ericson, City Administrator
(seal)
EXTENSION OF LEASE AGREEMENT
This Extension of Lease Agreement (the "Lease Extension") is made and entered into this
day of , 2013, between the City of Mounds View, a Minnesota municipal
corporation ("Landlord") and Creative Kids Academy — Mounds View, Inc., a Minnesota
corporation("Tenant") and amends the Lease Agreement, dated November 20, 2006 (the "Lease"),
the Assignment, Assumption and Consent Agreement to Lease (the "Assignment") dated
December 22,2008,and the Extension of Lease Agreement dated May 23, 2011.
RECITALS
A. The Landlord owns a community center building located on land located at
5394 Edgewood Drive, Mounds View,Minnesota 55112 (the"Premises").
B. Pursuant to the Lease, Creative Kids Child Care Center II, a Minnesota corporation,
leased classrooms, an office and the tot lot on the Premises from the Landlord for the purposes of
operating a child care center.
C. On December 22, 2008,the Assignment was entered into between the Landlord and
Creative Kids Child Care Center II and the Tenant. The Assignment assigned Creative Kids Child
Care Center II's rights,title and interest in the Lease to the Tenant.
D. On May 23, 2011, the Landlord and Tenant agreed to extend the term of the Lease
pursuant to an Extension of Lease Agreement until the date of July 31,2013.
E. The Landlord and Tenant have agreed to extend the term of the Lease and this Lease
Extension sets forth the terms of such extension.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which each party hereby acknowledges,the parties agree as follows:
ARTICLE 1
Term
Section 1.2 of the Lease is deleted and replaced with the following:
Section 1.2. Term. The term of this Lease and Tenant's obligation to pay
rent hereunder shall continue until July 31, 2018, at which time the Lease shall
expire. Notwithstanding any contrary provision contained herein, upon at least one
(1)years prior written notice from Landlord to Tenant, Landlord shall have the right
to terminate this Lease and upon expiration of such notice period, the term of this
Lease shall automatically terminate.
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ARTICLE 2
Shared Space
Article VI of the Lease is amended by the addition of the following:
Section 6.2. DISHWASHER. Tenant shall be responsible for 50%of the costs associated
with the operation and maintenance of the dishwasher in the kitchen common space, to include
detergents and other chemical products.
ARTICLE 3
Miscellaneous
Section 3.1. Effective Date. This Lease Extension shall be effective as of the date written
on the previous page.
Section 3.2. Certain Defined Terms. Terms used in this Lease Extension and not defined
herein shall have the meanings given in the Lease.
Section 3.3. No Default. Landlord acknowledges that, as of the date hereof, Tenant is not
in default of any term or condition of the Lease. Nothing contained in this Lease Extension shall be
deemed to excuse any default by Tenant in the future.
Section 3.4. Confirmation of Lease. Except as specifically amended by this Lease
Extension,the Lease remains unchanged, is hereby ratified and confirmed, and remains in full force
and effect.
IN WITNESS WHEREOF,the parties have executed this Lease Extension as of the day and
year first above written.
TENANT: LANDLORD:
CREATIVE KIDS ACADEMY— CITY OF MOUNDS VIEW
MOUNDS VIEW,INC.
By: By:
Joe Flaherty
Its: Mayor
Its:
By:
James Ericson
Its: City Administrator
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