HomeMy WebLinkAboutResolution 8617 RESOLUTION 8617
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZE THE SENDING OF A
NOTICE OF TERMINATION OF LEASE
WHEREAS, the City of Mounds View, as landlord ("Landlord"), and Creative Kids
Child Care Center II, Inc., a Minnesota corporation, as tenant ("Original Tenant") entered into a
leased dated November 20, 2006 ("Lease") which was assigned to Creative Kids Academy —
Mounds View, Inc., a Minnesota corporation("Tenant") pursuant to an Assignment, Assumption
and Consent Agreement to Lease (the "Assignment") dated December 22, 2008; and
WHEREAS, the term of the Lease has been extended and modified pursuant to various
documents entitled Extension of Lease Agreement (collectively referred to as the "Extension"),
the last of which is dated July 31, 2013; and
WHEREAS, Section 1.2 of the Lease, as amended by the Extension,reads as follows:
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;
and
WHEREAS, the Landlord desires to terminate the Lease and provide the written notice
to the Tenant as required by Section 1.2 of the Lease; and
WHEREAS, notice of termination of the Lease by Landlord to the Tenant shall be
provided as required by Section 1.2 of the Lease.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View,Ramsey County, Minnesota as follows:
1. The Recitals set forth above are incorporated into this Resolution as if fully set
forth herein.
2. Landlord has the right to terminate this Lease and the Lease is terminated upon
the providing of at least one (1) years prior written notice from Landlord to
Tenant, and upon expiration of such notice period, the term of the Lease shall
automatically terminate.
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3. A copy of this Resolution shall serve as the prior written notice from Landlord to
Tenant of the termination of the Lease and shall be served on the Tenant on
August 9, 2016.
4. The Lease shall automatically terminate one (1) year from the date of August 9,
2016, and the Tenant shall surrender possession of the property that is the subject
of the Lease, consistent with all terms and conditions of the Lease.
5. The Mayor and City Administrator, staff and City Attorney are hereby authorized
and directed to take any and all additional steps and actions necessary or
convenient in order to accomplish the intent of this Resolution.
Adopted this 8th day of August, 2016.
6c'
e Flaherty, ayor
ATTEST:
James Ericson, City Administrator
(SEAL)
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