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Agenda Packets - 2009/12/07
CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, December 7, 2009 7:00 p.m. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus 1. Discuss Charitable Gambling License Code Amendment 2. Discuss City Tagline Options 3. Review the Public Works Supervisor Job Description and Discuss Hiring Schedule 4. Review Lease Agreement with the Twin Cities North Chamber of Commerce 5. Discuss December Meeting schedule—Possible Cancellation of the December 28th Council Meeting (verbal report) 6. Review City Parks Memorial Policy Next Work Session: Monday, January 4, 2010, at 7pm Next City Council Meeting: Monday, December 14, 2009, at 7pm Item No: 1 Meeting Date: December 7, 2009 Type of Business: Work Session Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk - Administrator Item Title/Subject: Discuss Charitable Gambling Code Amendment Introduction: At the September Work Session, Staff and the City Council reviewed a draft of an ordinance creating a new chapter in the City Code regulating lawful gambling. Corrections and revisions were made, and a first reading is currently scheduled for the December 14, 2009, City Council Meeting. Staff contacted the two lawful gambling organizations in the City after the September Work Session, and discussed the revisions in the City Code in regard to lawful charitable gambling. Both organizations, Lake Regional Hockey Association and the Spring Lake Park Lions, are requesting to speak to the City Council about the new requirement for lawful charitable gambling organizations to contribute 10% of their net profits to the City. According to Lake Regional Hockey Association and the Spring Lake Park Lions, profits have been steadily decreasing, and therefore, it is becoming more difficult for them to raise money for their organization. The City Council also requested information on the state requirements in regard to raffles at the September Work Session. Attached is the information on raffles from the Minnesota State Gambling website. Discussion: Many cities require charitable gambling organizations to contribute net profits to a City Fund. Attached is a report from the City of Blaine October Work Session, which discusses their Charitable Gambling City Fund. It appears that the City of Blaine is projecting another decrease in revenues due to trends in low gambling activity. Staff is not clear what the potential contribution revenue would be for the City. If the City Council wishes to continue with the revision requiring lawful charitable gambling organizations to contribute 10% of their net profits to the City, then Staff would report to the City Council periodically on the revenue of this fund. If the report shows that administrative costs are not being covered due to low gambling revenues, then the City Council could direct Staff to revisit this requirement, and possibility make further revisions to this section of the City Code. Item 01 Monday, December 7, 2009 Work Session Page 2 Recommendation: Staff recommends discussing the 10% fund with Lake Regional Hockey Association and Spring Lake Park Lions. If the City Council wishes to proceed with the 10% fund, then Staff would present the first reading of City Code revision in regard to Charitable Gambling at the next City Council Meeting. Respectfully submitted, ________________________ Desaree Crane Assistant City Clerk - Administrator Item No: 4 Meeting Date: December 7, 2009 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Review Public Works Supervisor Job Description and Discuss Hiring Schedule Background: The Public Works Department has been operating without a Public Works (PW) Supervisor since December 15, 2006 when Tim Pittman left (3 years ago). This vacancy was not immediately refilled to allow for internal department assessments, and a short-term plan was implemented that temporarily assigned the vacant PW Supervisor duties to the Parks Supervisor (in addition to his regular duties) and the PW Director assisting the Parks Supervisor with the administrative tasks. This arrangement continues today. In September 2007, the City Council authorized the PW Supervisor position to be advertised. Applications were received and a short list of applicants interviewed, but an offer was never made to fill the vacancy due to the unexpected resignation of former PW Director Greg Lee. At that time (April 2008), the City Council decided to give priority to the rehiring of the PW Director, after which rehiring of the PW Supervisor would be pursued. Unfortunately, rehiring the PW Director took a full year - which was longer than expected (the new Director’s first day was March 30, 2009). The City Council revisited the discussion for rehiring the PW Supervisor vacancy at the City Council-Staff retreat on August 31, 2009. City Staff suggested that the Council refill the PW Supervisor position to provide an overall efficiency in the PW Department. Also recommended was to review and revise the position description as necessary to best serve the needs of the PW Department. All Council members at that time voiced support for these recommendations, and directed Staff to present a revised position description and proposed hiring schedule at meeting later in the year. Discussion: Position Description: Attached for Council review and consideration is a revamped position description for the PW Supervisor. A deliberate effort was made to hone in on the duties and responsibilities that will remedy the department need for clarifying department structure, improving communication, and providing the best operating efficiencies of City personnel and equipment. In addition, job duty redundancies were eliminated, including combining the “Work Environment” and “Physical Demands” sections to further eliminate redundancy, and the “Examples of Performance Criteria” section was removed to match other similar Mounds View position descriptions. Although many revisions are proposed, the overall job duties and responsibilities remain similar to before and no increase in Hay points is proposed. The PW Supervisor plays a critical role in the PW Department. This person is responsible for directly supervising eight full-time operation and maintenance (O&M) workers and five seasonal maintenance workers. These O&M workers are responsible for operating, maintaining, and repairing the City’s drinking water and wastewater collection systems, Review Public Works Supervisor Job Description and Discuss Hiring Schedule December 7, 2009 Page 2 streets and trails, stormwater conveyance and treatment, vehicles and equipment fleet, and public works facility. In addition, the PW Supervisor is to assume the duties of the PW Director during any short-term absences (sick/vacation leave, off-site meetings, etc.). Also attached for reference is an organization chart of the Public Works Department. Public Works has 15 full-time regular and 10 part-time/seasonal employees for a combined total of 25. The department is divided into three divisions: PW Administration, Engineering, and O&M. The PW Administration and Engineering personnel work out of City Hall and the O&M personnel work out of the public works facility (on Bronson). The O&M division is further subdivided into seven groups: drinking water, wastewater, streets/trails, stormwater, vehicles/equipment, parks/park facilities, and buildings/grounds. The Need for a Public Works Supervisor: During the PW Supervisor discussion at the August retreat, findings from internal assessments and PW employee interviews were presented that gave a synopsis of current public works operations. The department operations, especially the O&M activities, are typically planned day to day due to inadequate staffing levels required to effectively maintain, operate, repair, and improve the City’s infrastructure. This situation was further magnified this year with the implementation of the first Street and Utility Improvement Project and other capital improvement projects. With some days in outright triage mode, it became more apparent that current staffing is not keeping pace with workload requirements. Maintain Staffing Levels: The PW Department is organized for 15 regular, full-time and 10 part-time/seasonal employees for a full-time equivalent (FTE) of approximately 18. With exception to the addition of the MVCC custodian, this has been the historic PW staffing level for roughly the past 18 years. Unclear Roles/Responsibilities: All PW employees are impacted by the recent vacancies of the PW Supervisor and Director positions. While these two top positions were vacant, department leadership suffered and individual roles and responsibilities became unclear due to lack of direction and from the necessity of many employees performing tasks outside their job descriptions without additional compensation. While much of this confusion has been fixed, unclear roles and responsibilities still exists with O&M personnel, leading to employee frustration and dissatisfaction. Intra-Department Communication: Public Works is the only City department with personnel working out of two separate locations. Clear communication is essential for public works to effectively serve the constituents of Mounds View, and this requires a clear chain-of- command for ensuring work is delegated and completed. As the attached organization chart and PW Supervisor position description demonstrate, this chain-of-command and communication is primarily between the PW Director and O&M Supervisors. Capital Improvement Projects: Over the next eight years, there is approximately $45 million of capital improvement projects planned for Mounds View, including about $28 million of the $45 million designated for the street and utility projects. There is a tremendous amount of PW administration/engineering staff time required to manage these projects and coordinate with consultants and contractors. In addition, O&M personnel are impacted with spikes in utility locates, infrastructure assessments, mailbox and sign fabrication, and construction coordination/inspection. Luckily, the years prior to 2009 corresponding to the PW vacancies Review Public Works Supervisor Job Description and Discuss Hiring Schedule December 7, 2009 Page 3 did not see much CIP activity, but PW staff will be hard-pressed to keep pace with the added demands in the next eight years without a PW Supervisor. Aging Infrastructure: Much of Mounds View’s infrastructure is aging and will require more upkeep and repair work, including more after-hours emergency call-outs. In addition to the City’s infrastructure, many private utilities (Xcel, Qwest, etc.) and other public agencies (Ramsey County, Met Council, etc.) have infrastructure also aging and requiring more upkeep, repair, and replacement. Similar to the impacts of CIP work, their aging infrastructure also demands PW staff time, including right-of-way (ROW) permitting, plan reviews, and inspection. This evaluation is supported by the 73 ROW permits that have been issued so far this year, the most ROW permits ever issued by public works (the previous high was 34 in 2004). Asset/Records Management: A major function of public works is asset and records management. This includes documenting, reviewing, and filing the various activities associated with operating, maintaining, repairing, and improving City infrastructure for future. This information is used for a wide variety of activities, including utility locates, maintenance/repair schedules, design and analysis, and much more. Much of the O&M activities have not been documented during the PW vacancies, and the activities that have been are added to an increasing large backlog of records needing proper filing. This asset and record management is a casualty that needs to be performed, but ends up taking a back seat to more demanding “here and now” tasks. Having records properly stored will allow easy searching for emergencies, utility locates, project audits, and public requests, and the City is obligated to keep these records as required by State statutes. Undo Workload Burdens: As previously mentioned, all public works staff has felt the impact of the vacant PW Supervisor position, especially the Parks Supervisor and PW Director. While both of these employees are willing to do whatever is necessary to meet department demands, the additional duties have made some of their normal job duties suffer. The Parks Supervisor has not been able to provide the desired level of supervision to his subordinates or needed effort to oversee proper O&M of the parks, park facilities, MVCC, and building grounds. Thankfully, subordinates have helped out but this has compounded unclear roles and responsibilities (see previous discussion). The PW Director has been forced to spend more time on the daily operations and triage events rather than focusing on long-term planning, asset management, work plans/programs, and engineering. Continuation of the current arrangement may lead to “burn-out” and eventually a loss of motivation, or helplessness, to pursue those assigned job duties and responsibilities being put-off. Advantages of Hiring a Public Works Supervisor: In addition to fixing the needs itemized above, rehiring the PW Supervisor will provide the Public Works Department with the needed labor to “dig-out” and begin moving in a direction of pursuing long-range goals and objectives while meeting the increased daily demands – without any additional cost impact to the City. It is very likely that having this individual will save the City a considerable amount of money. This is a great opportunity given the dreary outlook of the general economic state and available LGA monies. No Budget Impact: The PW Supervisor position has been included in every adopted budget since being vacated in 2006, including the 2010 budget. This position is funded 50% through general funds (PW administration+pavement management) and 50% through utility Review Public Works Supervisor Job Description and Discuss Hiring Schedule December 7, 2009 Page 4 enterprise funds (water+sewer). The 2009 budget had this position cost (wages+benefits) at $84,315 at a Step 3 rate, and the 2010 budget has a cost of $73,935 (Step 1). Using the higher rate, the actual cost to the general fund is $42,158. While this is a real cost to the City, this amount can easily be offset by reducing other planned expenditures, especially through reduced consultant fees. Reduced Consultant Fees: The PW Supervisor will free the PW Director to become more involved in performing in-house engineering work. Having a licensed Professional Engineer (PE) on staff allows the City to perform engineering services in-house without having to hire consultants. While we are not able to perform all required engineering in-house, we would be able to select projects that would not require any new software and could offset the position cost of the PW Supervisor. Attached is the CIP with the likely projects that public works would perform engineering services for. To determine the cost of engineering, a percentage of the total project costs was used. Depending on the complexity and amount of subconsultant help we hire (geotechnical, etc.), that percentage varies project to project and could be as high as 25%. To be conservative in our analysis, Staff did not exceed 20% as a maximum. Future Staffing Levels: PW Staff believes that there will be much efficiency found with having a PW Supervisor on-hand, especially when it relates to the required labor needs. The PW Supervisor will be scheduling work to ensure maximum use of labor on a daily, weekly, monthly, quarterly, and annual basis. The O&M division has a high labor demand in the summer months and lower demand in the winter months. It will be the PW Supervisor’s responsibility to lessen these highs and lows for a more “consistent” workload. Although there will always be a seasonal fluctuation, mellowing out the labor curve will allow the flexibility to reduce the number of seasonals, or not fill a vacated maintenance position, or some other staffing options. In addition, the Parks Supervisor is eligible for retirement in two years. This employee has over 23 years with the Public Works Department – the majority spent in park maintenance and as a supervisor since 2002. PW Staff recommends getting a PW Supervisor on-board now to capture his knowledge before retirement. The Parks Supervisor can also assist a new PW Supervisor with the steep learning curve associated with any new employer. It is anticipated to eventually have a single supervisor for the O&M division, with two to three lead person or foremen-type positions filled internally to provide in-field oversight of maintenance workers. Staff hopes to find a qualified candidate that could be groomed for the single O&M supervisor. Getting a PW Supervisor on-board now will help achieve this goal and opportunity for a reduction in personnel costs and a simpler chain-of-command. Hiring Schedule: A proposed hiring schedule for filling the PW Supervisor is as follows: December 14, 2009 City Council authorizes advertisement Dec. 17, 2009 - Jan. 15, 2010 Applications received and reviewed by Staff January 15, 2010 Posting closed Jan. 18, 2010 – Jan. 27, 2010 Interviews conducted January 27, 2010 Finalist selected February 1, 2010 Status update at Council Work Session February 8, 2010 Authorize hiring at regular Council meeting Early March 2010 PW Supervisor begins Review Public Works Supervisor Job Description and Discuss Hiring Schedule December 7, 2009 Page 5 Recommendation: Staff recommends that the City Council consider the extraordinary conditions that the Public Works Department has endured the past three years, during which several key, top department leadership vacancies occurred. Staff is looking for guidance on this issue, but recommends that the PW Supervisor position description be considered for approval and authorization to advertise both be considered at their December 14, 2009 regular meeting. Respectfully submitted, Nick DeBar Public Works Director Attachments: • Organization Chart for Public Works Department • Public Works Supervisor Job Description • Capital Improvement Program 12/1/2009PW Division (all caps) or SubdivisionPW Administration/Engineering personnelO&M-PW subdivision personnelO&M-Parks subdivision personnelTemp., part-time, or seasonal personnelCITY HALLPUBLIC WORKS FACILITY *vacant *vacantNOTES:WastewaterEngineering/IS Tech.2-Maintenance Workers1-Seasonal Maint. Worker 1-Maintenance WorkerStormwater3-Seasonal Maintenance Workers1-Seasonal Maint. WorkerStreets/Trails1-Lead Utility Operator1-Maintenance WorkerDrinking Water2-Maintenance WorkersPublic Works SupervisorLEGENDCURRENT PUBLIC WORKS DEPARTMENT ORGANIZATION - DECEMBER 2009PT Engineering/GIS InternAdministrative AssistantENGINEERINGPW ADMINISTRATIONDirector of Public Works1-FT Seas. Maint. Worker3-Seasonal Maintenance WorkersOPERATION & MAINTENANCEParks SupervisorParks/Park Facilities1-Maintenance Worker1-MechanicBuildings/Grounds1-MVCC CustodianVehicles/Equipment Public Works Supervisor Position Description Page 1/4 CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Public Works Supervisor Department: Public Works - Operation and Maintenance Division Accountable to: Director of Public Works Status: Exempt PRIMARY OBJECTIVE OF POSITON Under the guidance and supervision of the Public Works Director, this position is responsible to proactively supervise operation and maintenance division personnel and effectively implement work plans for the reliable and long-term operation, maintenance, and repair of all City-owned infrastructure involving drinking water supply and wastewater collection systems; streets and trails; stormwater conveyance and treatment systems; vehicles and equipment; and the public works facility. SUPERVISION RECEIVED This position is supervised by and works under the general guidance and direction of the Public Works Director. SUPERVISION EXERCISED Direct supervision over all assigned operation and maintenance (O&M) division personnel in the Public Works Department, including other O&M division personnel assigned to the Parks Supervisor in his/her absence. This position will assume the duties of the Public Works Director during short-term absences of the Director. ESSENTIAL DUTIES AND RESPONSIBILITIES Assign and provide work direction and technical assistance to maintenance personnel including resolving problems on a daily basis to accomplish the overall work schedule, making the best possible use of manpower, materials, and equipment, to carry out established division priorities and work plans as directed by the Public Works Director. Plan, organize, and prioritize O&M division activities and oversee maintenance personnel to ensure work activities are completed in a professional, timely, efficient, and cost-effective manner. Perform administrative duties including assisting with budget preparation and quarterly reports, writing staff reports and memos, and operating a computer and software. Solicit quotes and procure materials, supplies, tools, equipment, and contractual services needed for O&M division work in accordance with State law and City purchasing policies. Review and validate payment invoices/purchase orders, denote budget expenditure account, and submit for approval. Assist with various project development activities, including project scoping, costs estimates, schedules, plans/specifications, bidding, contract administration, and construction management. Write specifications, identify and assess vendor products and/or services, and make recommendations for replacement of equipment, vehicles, and other related items to the Public Works Director. Public Works Supervisor Position Description Page 2/4 Record and maintain records/logs/lists relating to inspections, maintenance activity, time, and materials used. Coordinate work activities with maintenance activities of parks, park facilities, buildings, and grounds through collaboration with the Parks Supervisor. Keep Public Works Director informed of the status of various maintenance projects and needs related to the division including the development of short- and long-range programs and goals for the division operations and maintenance. Enforce and instruct safety standards and applicable City, State, and Federal work rules, policies, and procedures. Instruct personnel on proper procedures and practices for completing assigned job tasks. Provide general supervision to assigned personnel including providing informal feedback regarding job performance, annual performance reviews, and conducting employee training. Review and make recommendations to the Public Works Director involving hiring, transferring, suspension, promotion, discharge, reward, or discipline of assigned personnel. Manage personnel matters relating to attendance, overtime, vacation, sick leave, and after- hours “on-call” staffing, including the review and approval of timesheets and leave requests. Answer questions and resolve problems and complaints from the public in a timely and courteous manner. Occasionally operate light and heavy equipment and assist division personnel with completing job tasks and activities. Attend meetings, seminars, or other training. Performs other duties and responsibilities as apparent or assigned by the Public Works Director. Assume duties of Public Works Director during short-term absences. MINIMUM QUALIFICATIONS High School diploma or GED, and two years post-secondary education at a vocational school, college, or university. Five years of increasingly responsible experience in managing, operating, maintaining, and/or constructing public works infrastructure, facilities, buildings, parks, and/or vehicles. Three years supervisory experience with a demonstrated ability to direct and supervise a wide variety of personnel. Two years working knowledge of municipal government experience. See “Special Requirements” for additional qualifications regarding licensures. PREFERRED QUALIFICATIONS Bachelor’s degree from an accredited institution in Construction Management, Civil Engineering, Public Administration, Business Administration, or other related field. Five years or more of supervisory experience. Public Works Certification as accredited by American Public Works Association (APWA) NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES Considerable knowledge of the time, costs, materials, methods, techniques, tools, and equipment used in repairing, operating, maintaining, and constructing various public works infrastructure and facilities. Considerable knowledge of the principals and practices of supervision, including the ability to supervise a group of 8 up to 20 maintenance workers. Public Works Supervisor Position Description Page 3/4 Considerable knowledge of, and the ability to enforce, standard safety practices and procedures commonly associated with operation, maintenance, and repair activities for public works infrastructure, facilities, vehicles, and equipment. Skill and knowledge in the operation and care of tools, vehicles, light/heavy equipment, and building systems. Ability to monitor, track, and control expenditures against budgetary constraints. Ability to plan, organize, and coordinate a number of simultaneous, on-going maintenance projects requiring a variable amount of resources and personnel time. Ability to establish and maintain effective working relationships and to deal tactfully, confidently, and effectively with all City personnel, outside agencies, vendors, and the general public, both in person and over the telephone. Ability to read and interpret construction plans and specifications, maps, O&M manuals, and other technical documents. Ability to communicate effectively, in English, both verbally and in writing. Proven skill and knowledge in using computers to maintain records and electronic files; prepare letters, memos, and reports; correspond via e-mail; and research using the internet. SPECIAL REQUIREMENTS • Possess a valid Minnesota Class D driver’s license and the ability to obtain a Class B license within one year of hire. • Possess a Water Supply System Operator Class D certificate or the ability to obtain within 18 months of hire, and be actively pursuing a Class B certificate with the ability to obtain within 6 years of hire. • Possess a Wastewater Operator Class S-D certificate or the ability to obtain within 18 months of hire. TOOLS AND EQUIPMENT USED • Personal computers and software programs, including MS Office suite (Outlook, Word, Excel, Access) and Internet Explorer. • SCADA system, motor vehicles, phone, fax, and copy machine. • On occasion, light and heavy equipment. WORK ENVIRONMENT/PHYSICAL DEMANDS The work environment and physical demands described herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work for this job is located in both indoor and outdoor environments. The indoor work environment is typically in a HVAC-conditioned office setting with moderate noise levels, but can vary while supervising personnel in an unconditioned garage-type setting with occasional loud noise levels. Job duties also require exposure to outdoor conditions year-round, including adverse weather conditions and outdoor areas under heavy/highway, utility, or facility construction. The employee may occasionally work near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, traffic, toxic or caustic chemicals, risk of electrical shock, and vibration. Public Works Supervisor Position Description Page 4/4 The employee is frequently required to sit; stand; walk; use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms and occasionally climb or balance; stoop, kneel, crouch, or crawl; taste or smell. Visual acuity sufficient to evaluate field conditions, construction practices and work done, and plans and drawings is necessary, as is the ability to communicate orally in person and over the telephone. Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. The employee must frequently lift and/or move up to 25 pounds and occasionally up to 100 pounds. SELECTION GUIDELINES Formal application and resume, rating of education and experience, oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and the employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: _________________________ Approval: ________________________ Supervisor Clerk - Administrator Effective Date: ______________________ Revision History: 12/2009 (Draft Rev.) 04/2006 02/2004 Hay: 438 pts Public Works Supervisor Position Description Page 1/6 CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Public Works Supervisor Department: Public Works - Operation and Maintenance Division Accountable to: Director of Public Works Status: Exempt PRIMARY OBJECTIVE OF POSITON Under the guidance and supervisiongeneral direction of the Public Works Director, this position is responsible to proactively supervise operation and maintenance division personnel and effectively implement work plans for the reliable and long-term operation, maintenance, and repair of all City-owned infrastructure involving drinking water supply and wastewater collection systems; streets and trails; stormwater conveyance and treatment systems; vehicles and equipment; and the public works facility.provide leadership, direction, coordination, planning, development, and administration of a comprehensive operational and maintenance program including equipment, facilities, streets, public ways, water, sanitary sewer and storm sewer systems in a manner that will ensure the highest level and efficient means of service in the Public Works Department. SUPERVISION RECEIVED This position is supervised by and W works under the general guidance and direction of the Public Works Director. SUPERVISION EXERCISED Direct supervision over all assigned Public Works operation and maintenance (O&M) division personnel in the Public Works Department, including other O&M division personnel assigned to the Parks Supervisor in his/her absence. This includes Parks Employees in the absence of the Parks SupervisorThis position will assume the duties of the Public Works Director during short- term absences of the Director. ESSENTIAL DUTIES AND RESPONSIBILITIES Assumes duties of Public Works Director during absence of Public Works Director Assign and provide work direction and technical assistance to maintenance personnel including resolving problems on a daily basis to accomplish the overall work schedule, making the best possible use of manpower, materials, and equipment, to carry out established division priorities and work plans as directed by the Public Works Director.Directs and supervises activities of all areas of the Public Works Department (Streets, Utilities, Garage) to ensure that adequate services are being provided to City residents and other parties of interest. Plan, organize, and prioritize O&M division activities and oversee maintenance personnel to ensure work activities are completed in a professional, timely, efficient, and cost-effective manner. Recommends, interprets, implements policies, rules and procedures for Public Works Department in order to implement directives from the City Council, City Administrator and Public Works Director. Public Works Supervisor Position Description Page 2/6 Perform administrative duties including assisting with budget preparation and quarterly reports, writing staff reports and memos, and operating a computer and software.Assists in developing and monitoring public works budget to ensure that the department is operating within budget. Solicit quotes and procure materials, supplies, tools, equipment, and contractual services needed for O&M division work in accordance with State law and City purchasing policies. Review and validate payment invoices/purchase orders, denote budget expenditure account, and submit for approval.Prepare plans and specifications for equipment and materials purchased on behalf of the City on items related to Public Works activities and initiate orders for parts, materials, and supplies in accordance with the City’s purchasing policy. Assist with various project development activities, including project scoping, costs estimates, schedules, plans/specifications, bidding, contract administration, and construction management.Assists Public Works Director in evaluating the overall needs for public works improvements and makes recommendations for construction programs. Write specifications, identify and assess vendor products and/or services, and make recommendations for replacement of equipment, vehicles, and other related items to the Public Works Director.Reviews reports, plans, and specifications developed for construction programs and advises the Public Works Director accordingly. Record and maintain records/logs/lists relating to inspections, maintenance activity, time, and materials used.Develops and maintains a comprehensive cost record on all maintenance projects and evaluates costs to recommend the replacement of equipment and streets. Responds to after hour emergency calls and assigns personnel accordingly to ensure a quick response to such calls and maintain positive community relations. Coordinate work activities with maintenance activities of parks, park facilities, buildings, and grounds through collaboration with the Parks Supervisor. Keep Public Works Director informed of the status of various maintenance projects and needs related to the division including the development of short- and long-range programs and goals for the division operations and maintenance.Assists the Public Works Director in the development of short and long-range goals for Public Works functions. Determine the priority and type of maintenance and repairs to be made to equipment, streets, water, sanitary sewer, and storm sewer delivery systems. Manages and organizes the City’s garage and fleet of vehicles. Coordinate the timely and orderly removal of snow from City streets and grounds. Enforce and instruct safety standards and applicable City, State, and Federal work rules, policies, and procedures.Administers the Public Works Department’s safety and training programs in conformance with all federal and state laws and takes prompt corrective action concerning potential safety hazards. Ensures effective utilization and motivation of all Public Works personnel. Instruct personnel on proper procedures and practices for completing assigned job tasks.Assigns duties to employees under his or her command. Directs and reviews supervisory practices, ensures effective communications; reviews problems and recommends discipline for just cause per the City’s personnel manual, directs the work of employees and adjusts grievances of employees under his/her supervision. Provide general supervision to assigned personnel including providing informal feedback regarding job performance, annual performance reviews, and conducting employee training.Documents employee performance and conducts performance appraisal of employees. Public Works Supervisor Position Description Page 3/6 Review and Mmake recommendations to the Public Works Director involving relating to the hiring, transferring, suspension, promotion, discharge, assignments, reward, or discipline of assigned personnelPublic Works employees. Manage personnel matters relating to attendance, overtime, vacation, sick leave, and after- hours “on-call” staffing, including the review and approval of timesheets and leave requests.Monitors and approves timecards, attendance, overtime, vacations, holidays, sick leave, leaves of absence, etc. Evaluate and investigate complaints against employees. Keeps the Public Works Director promptly informed of significant matters in areas of accountability and recommend action. Answer questionsAddress and resolves problems and complaints from the public and attempt to resolve them in a timely and courteous manner. Occasionally operate light and heavy equipment and assist division personnel with completing job tasks and activities. Attend meetings, seminars, or other training.s City Council meetings as requested. Performs other work related to the positionduties and responsibilities as apparent or assigned by the Public Works Director. Assume duties of Public Works Director during short- term absences. PERIPHERAL DUTIES Responds to citizen requests and complaints in a manner consistent with City policies and regulation and maintains positive community relations. Prepares and submits periodic reports as requested. Keeps Public Works Director informed of all important matters which must be known to effectively manage the City's Public Works operations. Performs other responsibilities as apparent or as delegated. Promotes a favorable image of the City and department through services provided. MINIMUM QUALIFICATIONS Education and Experience High sSchool diploma or GED, and two years post-secondary education at a and additional vocational school, college, or university. training or equivalent work experience. Five years of increasingly responsible experience in managing, operating, maintaining, and/or constructing public works infrastructure, facilities, buildings, parks, and/or vehicles.in Public Works maintenance. Three years supervisory experience with a Ddemonstrated ability to direct and supervise the work of a wide variety of personnel. Valid Class D driver’s license and ability to obtain Class B license within one year of hire. Two years working knowledge of municipal government experience. See “Special Requirements” for additional qualifications regarding licensures. PREFERRED QUALIFICATIONS Bachelor’s degree from an accredited institution in Construction Management, Civil Engineering, Public Administration, Business Administration, or other related field. or a combination of training and experience substantially equivalent to a degree. Experience in municipal budget preparation on a department level. Four Five years or more of supervisory experience. Public Works Supervisor Position Description Page 4/6 Public Works Certification as accredited by American Public Works Association (APWA) NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be to enable individuals with disabilities to perform the essential functions. Considerable knowledge of the time, costs, materials, methods, techniques, tools, and equipment used in repairing, operating, maintaining, and constructing various Ppublic Wworks infrastructure and facilities. Considerable knowledge of the principals and practices of supervision, including the ability to supervise a group of 8 up to 20 maintenance workers. Thorough Considerable knowledge of, and the ability to enforce, standard safety practices and procedures commonly associated with operation, maintenance, and repair activities for public works infrastructure, facilities, vehicles, and equipment.the occupational hazards involved and the safety precautions necessary to the safe conduct of work and equipment. Skill and Considerable knowledge in the operation and care of tools, vehicles, light/heavy equipment, and building systems.of the related trades and of automotive equipment operation and maintenance. Knowledge of the appropriate statutes, regulations, codes, and ordinances pertaining to the areas of assignment or the ability to acquire such knowledge in a relatively short period of time. Ability to monitor, track, and control expenditures against budgetary constraints.administer the operational budget and maintain control on expenditures within agreed upon budgetary controls. Ability to plan, organize, supervise, and coordinate a number of simultaneous, on-going maintenance projects requiring a variable amount of resources and personnel time.the work of several work crews engaged in a wide variety of complex maintenance construction and repair activities. Ability to make decisions recognizing established polices, rules, procedures, precedents, and practices and to use resourcefulness and tact in meeting new problems. Ability to establish and maintain effective working relationships and to deal tactfully, confidently, and effectively with other all City personnel, outside agencies, vendors, employees, subordinates and the general public, both in person and over the telephone. contacted in the course of the work. Ability to read and interpret understand, follow and work from a wide variety or construction plans and specifications, maps, O&M manuals, and other technical documents.blueprints and other written material and oral orders. Ability to communicate effectively, in English, both verbally and in writing. Proven skill and knowledge in using computers to Ability to maintain records and electronic files;, prepare letters, memos, and reports; correspond via e-mail; and research using the internet. and perform various complex administrative duties pertaining to the area of responsibility. Ability to respond to service requests and complaints of citizens in a pleasant and tactful manner and to resolve problems in a manner which maintains respect for the City. Public Works Supervisor Position Description Page 5/6 SPECIAL REQUIREMENTS • Possess a valid Minnesota Class D driver’s license and the ability to obtain a Class B license within one year of hire.None. • Possess a Water Supply System Operator Class D certificate or the ability to obtain within 18 months of hire, and be actively pursuing a Class B certificate with the ability to obtain within 6 years of hire. • Possess a Wastewater Operator Class S-D certificate or the ability to obtain within 18 months of hire. TOOLS AND EQUIPMENT USED • Personal computers and software programs, including MS Office suite (Outlook, Word, Excel, Access) and Internet Explorer. • SCADA system, motor vehicles, phone, fax, and copy machine. • On occasion, light and heavy equipment. WORK ENVIRONMENT/PHYSICAL DEMANDS The work environment and physical demands described herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work for this job is located in both indoor and outdoor environments. The indoor work environment is typically in a HVAC-conditioned office setting with moderate noise levels, but can vary while supervising personnel in an unconditioned garage-type setting with occasional loud noise levels. Job duties also require exposure to outdoor conditions year-round, including adverse weather conditions and outdoor areas under heavy/highway, utility, or facility construction. The employee may occasionally work near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, traffic, toxic or caustic chemicals, risk of electrical shock, and vibration. While performing the duties of this job, tThe employee is frequently required to sit; stand; walk; use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms and occasionally. The employee is frequently required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; employee is occasionally required to taste or smell. Visual acuity sufficient to evaluate field conditions, construction practices and work done, and plans and drawings is necessary, as is the ability to communicate orally in person and over the telephone. Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. The employee must frequently lift and/or move up to 25 pounds and occasionally up to 100 pounds. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT Public Works Supervisor Position Description Page 6/6 The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee occasionally works near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, traffic, toxic or caustic chemicals, risk of electrical shock, and vibration. The noise level in the work environment is usually moderate. EXAMPLES OF PERFORMANCE CRITERIA Establishes effective working relationships with others. Effectively supervises, trains and develops personnel assigned to the Public Works Department. Achieves goals and objectives established for the Public Works Department in an efficient and timely manner. Prepares and provides timely and accurate reports pertaining to public works activities as requested or required by others. Other items as established under “Essential Functions”. SELECTION GUIDELINES Formal application and resume, rating of education and experience, oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and the employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: _________________________ Approval: ________________________ Supervisor Appointing Authority Clerk - Administrator Effective Date: ______________________ Revision History: 12/2009 (Draft Rev.) 04/2006 (Reviewed) 02/2004 Hay: 438 pts CAPITAL IMPROVEMENT PROGRAM WORKSHEET POTENTIAL COST SAVINGS FROM REDUCED ESTIMATED CONSULTANT FEES Year Improvement Total Cost Estimated Percentile for Consultant Fee Estimated Consultant Fees Reduced 2010 Booster Station Building Exterior Brick Wall Tuckpointing $ 40,000 15% $ 6,000 2010 Booster Station Building Roof Repair $ 8,500 15% $ 1,275 2010 Community Center Energy Improvements $ 65,000 2010 Community Center Parking Lot Improvements $ 30,000 20% $ 6,000 2010 CR 10 / CR H Intersection Improvements (Preconstruction) $ 100,000 2010 FEMA Study $ 10,000 2010 GPS Equipment Procurement (for Utility Locates) & Mapping $ 10,000 2010 Groveland & Hillview Park Drainage & Irrigation Improvements $ 25,000 20% $ 5,000 2010 Groveland Wastewater Lift Station Wet Well Rehabilitation $ 27,500 20% $ 5,500 2010 New Lambert Park Building (Preconstruction) $ 30,000 50% $ 15,000 2010 Park Improvement Program (CH Playground Media Imp.) $ 25,000 2010 Police Department Parking Lot Improvements $ 50,000 20% $ 10,000 2010 Public Works Facility Environmental Improvements $ 120,000 2010 Reservoir Building Exterior Brick Wall Tuckpointing & Repairs $ 100,000 10% $ 10,000 2010 Reservoir Building Landscaping Improvements $ 2,500 2010 Reservoir Building Roof Repair $ 60,000 10% $ 6,000 2010 Slip Lining Improvements $ 100,000 20% $ 20,000 2010 Stormwater Management Improvements - Subdistrict EW-4 $ 25,000 20% $ 5,000 2010 Stormwater Management Improvements - Subdistrict SC-1 $ 3,000 20% $ 600 2010 Stormwater Management Improvements - Subdistrict SC-3 $ 20,000 20% $ 4,000 2010 Street and Utility Improvement Program (Area B/C) $ 3,692,642 2010 Street and Utility Improvement Program (Area D pre const.) $ 368,211 2010 Street Sweeping Disposal $ 10,000 2010 Trailway Development Program $ 104,000 20% $ 20,800 2010 Trailway Maintenance Program $ 40,000 20% $ 8,000 2010 Well No. 1 & No. 2 Pump Rehabilitation $ 60,000 20% $ 12,000 2010 Well No. 2 Building Exterior Improvements $ 9,000 2010 Well No. 2 Fuel Source Conversion $ 100,000 2010 WTP No. 1 Exterior Wall Repainting $ 5,500 2010 WTP No. 1/Well No. 5 Building Gutter Downspout Replacement $ 1,500 2010 WTP No. 1/Well No. 5 Building Interior Panel Repairs $ 3,700 2010 WTP No. 3 Building Interior Panel Repairs $ 3,000 Totals $ 5,249,053 $ 135,175 2011 Access Lane to Hidden Hollow Sanitary Sewerline $ 10,000 20% $ 2,000 2011 City Hall Irrigation System $ 13,000 2011 City Hall Landscaping $ 18,000 20% $ 3,600 2011 City Hall Roof Replacement $ 50,000 10% $ 5,000 2011 CR 10 / CR H Intersection Improvements (Construction) $ 1,500,000 2011 CR 10 Gateway Features $ 316,000 2011 CR 10 Median Enhancements $ 350,000 2011 Mustang Drive Improvements (Pavement & Stormwater) $ 400,000 2011 Street and Utility Improvement Program (Area D) $ 2,086,532 2011 Street and Utility Improvement Program (Area E)(pre const.) $ 625,456 2011 Edgewood Drive Concrete Boulevard Improvements $ 30,000 20% $ 6,000 2011 Fire Truck Procurement (2 Trucks) $ 250,000 2011 Greenfield Park Trail Bridges $ 40,000 2011 New Lambert Park Building (Construction) $ 260,000 10% $ 26,000 2011 Park Improvement Program $ 25,000 20% $ 5,000 2011 Portable Emergency Generator Procurement $ 100,000 2011 Slip Lining Improvements $ 100,000 20% $ 20,000 2011 Traffic Counter System Procurement $ 7,000 2011 Trailway Development Program $ 104,000 20% $ 20,800 2011 Trailway Maintenance Program $ 20,000 20% $ 4,000 2011 Water Tower Rehabilitation $ 800,000 10% $ 80,000 Totals $ 7,104,988 $ 172,400 CAPITAL IMPROVEMENT PROGRAM WORKSHEET POTENTIAL COST SAVINGS FROM REDUCED ESTIMATED CONSULTANT FEES Year Improvement Total Cost Estimated Percentile for Consultant Fee Estimated Consultant Fees Reduced 2012 CR 10 / Woodale Dr Intersection Improvements $ 400,000 2012 Park Improvement Program $ 25,000 20% $ 5,000 2012 Street and Utility Improvement Program (Area E) $ 3,544,253 2012 Street and Utility Improvement Program (Area F)(pre const.) $ 474,027 2012 Trailway Development Program $ 104,000 20% $ 20,800 2012 Trailway Maintenance Program $ 20,000 20% $ 4,000 2012 Well No. 3 & No. 5 Pump Rehabilitation $ 60,000 20% $ 12,000 Totals $ 4,627,280 $ 41,800 2013 CR 10 / CR I Intersection Improvements $ 500,000 2013 CR 10 / Silver Lake Rd Intersection Improvements $ 400,000 2013 CR 10 Trail - Segment 11 $ 825,100 2013 CR 10 Trail - Segment 6 $ 615,400 2013 Park Improvement Program $ 25,000 20% $ 5,000 2013 Parking Lot Rehabilitation at Greenfield Park $ 50,000 20% $ 10,000 2013 Stormwater Management Improvements - Subdistrict NW-1 $ 22,500 20% $ 4,500 2013 Street and Utility Improvement Program (Area F) $ 2,686,150 2013 Street and Utility Improvement Program (Area G)(pre const.) $ 290,310 2013 Trailway Development Program $ 104,000 20% $ 20,800 2013 Trailway Maintenance Program $ 20,000 20% $ 4,000 Totals $ 5,538,460 $ 44,300 2014 City Hall Monument Sign $ 12,000 20% $ 2,400 2014 CR 10 / CR H2 Intersection Improvements $ 500,000 2014 CR 10 / Groveland Rd. Intersection Improvements $ 250,000 2014 CR 10 / Spring Lake Road Intersection $ 250,000 2014 CR 10 Gateway Entry Features (NW End) $ 165,000 2014 CR 10 Gateway Entry Features (SE End) $ 300,000 2014 CR 10 Gateway Features $ 105,600 2014 CR 10 Trail - Segment 7 $ 307,000 2014 CR 10 Trail - Segment 8 $ 284,100 2014 Exterior Shell Improvements for Random Park Building $ 20,000 2014 Irrigation System Construction at Random Park $ 15,000 20% $ 3,000 2014 Park Improvement Program $ 25,000 20% $ 5,000 2014 Stormwater Management Improvements - Subdistrict GF-5 $ 15,000 20% $ 3,000 2014 Street and Utility Improvement Program (Area G) $ 1,645,091 2014 Street and Utility Improvement Program (Area H)(pre const.) $ 371,656 2014 Street Pavement Management - Mill/Overlay $ 350,000 20% $ 70,000 2014 Street Pavement Management - Seal Coat $ 350,000 20% $ 70,000 2014 Trailway Development Program $ 104,000 20% $ 20,800 2014 Trailway Maintenance Program $ 20,000 20% $ 4,000 Totals $ 5,089,447 $ 178,200 CAPITAL IMPROVEMENT PROGRAM WORKSHEET POTENTIAL COST SAVINGS FROM REDUCED ESTIMATED CONSULTANT FEES Year Improvement Total Cost Estimated Percentile for Consultant Fee Estimated Consultant Fees Reduced 2015 CR 10 / Edgewood Intersection Improvements $ 250,000 2015 CR 10 / Long Lake Rd Intersection Improvements $ 600,000 2015 Park Improvement Program $ 25,000 20% $ 5,000 2015 Reservoir Building New Built-up Roof System $ 160,000 5% $ 8,000 2015 Stormwater Management Improvements - Subdistrict AA-4 $ 3,000 20% $ 600 2015 Stormwater Management Improvements - Subdistrict AA-5 $ 511,000 2015 Street and Utility Improvement Program (Area H) $ 2,106,049 2015 Trailway Maintenance Program $ 20,000 20% $ 4,000 2015 Well No. 6 Pump Rehabilitation $ 30,000 20% $ 6,000 2015 WTP No. 1 ADA Compliant Restrooms Improvements $ 6,500 20% $ 1,300 2015 WTP No. 1 Building Roof Replacement $ 37,500 10% $ 3,750 2015 WTP No. 1/Well No. 5 Building Exterior Brick Wall Tuckpointing $ 35,000 20% $ 7,000 2015 WTP No. 3 Building Exterior Brick Wall Tuckpointing $ 35,000 20% $ 7,000 Totals $ 3,819,049 $ 42,650 2016 Park Improvement Program $ 25,000 20% $ 5,000 2016 Stormwater Management Improvements - Subdistrict AA-3 $ 5,000 20% $ 1,000 2016 Street and Utility Improvement Program (Area I)(pre const.) $ 522,966 2016 Street Pavement Management - Seal Coat (Area A) $ 100,000 20% $ 20,000 2016 Trailway Maintenance Program $ 20,000 20% $ 4,000 Totals $ 672,966 $ 30,000 2017 Municipal Impound Lot $ 30,000 20% $ 6,000 2017 New Public Works Facility (Preconstruction) $ 150,000 2017 Park Improvement Program $ 25,000 20% $ 5,000 2017 Stormwater Management Improvements - Subdistrict GF-6 $ 21,000 20% $ 4,200 2016 Street and Utility Improvement Program (Area I) $ 2,963,472 2017 Street Pavement Management - Seal Coat (Area B/C) $ 85,000 20% $ 17,000 2017 Trailway Maintenance Program $ 20,000 20% $ 4,000 Totals $ 3,294,472 $ 36,200 2018 New Public Works Facility (Construction) $ 2,850,000 2018 Stormwater Maintenance Program $ 60,000 2018 Stormwater Management Improvements - Subdistrict EW-2/3 $ 25,000 20% $ 5,000 2018 Street Pavement Management - Seal Coat (Area D) $ 50,000 20% $ 10,000 2018 Wastewater Collection Maintenance Program $ 60,000 20% $ 12,000 2018 Water Maintenance Program $ 180,000 20% $ 36,000 Totals $ 3,225,000 $ 63,000 Grand Total $ 38,620,715 $ 743,725 Item No: 6 Meeting Date: December 7, 2009 Type of Business: Work Session Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Review City Policy Regarding Memorials in Parks Introduction: This item is being brought forward for your review at the request of a Council Member. Discussion: The City adopted a policy to address requests received to dedicate memorials in City parks. The Council had desired something formal in place so there would be guidance when dealing with such requests, and had asked the Parks, Recreation and Forestry Commission to suggest some recommendations. On November 5, 2007, the Council reviewed the Commission’s draft recommendations and on November 26, 2007, the Council adopted Resolution 7189 approving the policy. Both the resolution and policy are attached for your reference. Recommendation: Review the policy and provide direction to staff as to whether any changes are necessary. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION 7189 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A POLICY FOR DEDICATING MEMORIALS IN CITY PARKS WHEREAS, the City Council has been discussing the possibility of developing guidelines / policy for allowing memorials in City parks (or other City property); and WHEREAS, the City has allowed such memorials to be placed in City parks in the past, but has not provided any guidelines or policies for such memorials; and WHEREAS, the Parks and Recreation and Forestry Commission has discussed this subject and has developed a recommended policy; and WHEREAS, on November 5, 2007, the City Council reviewed and discussed this policy. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the attached policy for dedicating memorials in City parks and authorizes the City Administrator to execute it. Adopted this 26th day of November 2007. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ James Ericson, Interim City Administrator (SEAL) MEMORIALS IN CITY PARKS (on public property) POLICY Purpose The City recognizes the desire of citizens to commemorate a former citizen with the dedication of a memorial in a City park or on City-owned property. Such a memorial may include planting a tree, dedicating a bench, etc. The purpose of this policy is to ensure that the City is consistent in how it allows the use of City-owned property for dedicating memorials and to ensure that the items dedicated do not detract from the value or proposed use of the City-owned property or create additional maintenance and upkeep for the City. Policy For citizens wishing to dedicate a memorial on City-owned property, the following policy will apply: 1. Individual(s) will be allowed to request any City park for their memorial, to be approved by the Parks, Recreation and Forestry Commission. 2. Individual(s) will agree to pay for the cost of proposed memorial and installation. 3. Individual(s) will work with City staff to purchase a product similar to existing park equipment so it will complement or enhance existing park aesthetics without significantly increasing park maintenance. 4. If a tree is requested, individual(s) will work with the City forester to purchase a tree of desirable type for preferred park location. 5. Individual(s) will pay for a plaque, if desired, to attach on or near the memorial. 6. The Mounds View Parks Department will provide general upkeep of the memorial, as it fits with any regular park maintenance. 7. The City of Mounds View will not pay to replace any memorial that is damaged beyond repair by vandalism or weather-related incidents. However, the individual(s) will be notified, if possible, if such an incident occurs. 8. The Commission will make every effort to work with individual(s) to honor the memorial request and make a recommendation to the Mounds View City Council for final approval. 9. In cases where a memorial will need to be removed, relocated or displaced for whatever reason, effort will be made to notify the individual(s) who originally requested such dedication. As this is a policy, the City Council reserves the right to deviate from this policy if it is in the best interest of the City. _____________________ City Administrator Date Effective Date: November 26, 2007 Revision Date: Item No: 4 Meeting Date: December 7, 2009 Type of Business: Work Session Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Review Lease Agreement with the Twin City North Chamber of Commerce Introduction: The lease agreement with the Twin Cities North Chamber of Commerce is due for renewal; it expires on December 31, 2009. The existing lease agreement plus the amendment approved in 2008 are attached for your reference. The last attachment is a draft renewal lease agreement which has been shared with the Chamber for their review. Discussion: The Twin Cities North Chamber of Commerce has been a tenant at the Community Center since 2004. Presently, the Chamber leases 1,225 square feet of space and their 2009 lease payment is $1012.37. This represents a current lease rate of $9.92 per square foot. Office vacancies in the Twin Cities metro area are at their highest since 1992 with a vacancy rate of more than 18%. As a result, lease rates for office space similar to what the Chamber occupies at the Community Center have been stagnant and in some cases are decreasing. I have had conversations with the Chamber’s President, Tim Roche, who in turn has met with the Chamber’s executive board. A draft renewal agreement has been prepared, however it does not yet reflect a rate increase. I will be asking the Council for some direction in this regard. While the Chamber is content with their space at the Mounds View Community Center and would like to remain as tenants, they are researching lease rates elsewhere for comparable space. The other issue which will need to be discussed relates to the property taxes. The Chamber is not the type of non-profit organization that would be exempt from property taxes. The Chamber was signed as a tenant during the time that the Mermaid held the management rights to the Event Center. The original lease agreement stipulated that any property taxes assessed as a result of the tenant’s lease of the space would be the responsibility of the agent—the Mermaid. When the Mermaid terminated its agreement with the City to manage the event center, the taxes became the City’s responsibility. The original intent was that the City not bear this burden, however shifting the tax burden to the tenant would result in an increase of $81 per month, from $1,012.37 to $1,093.37, which equates to an 8% increase. (As an aside, the City also pays property taxes for the space leased by the day care facility. The owners have been put on notice that when the lease expires, the City will want to reconsider that arrangement.) If it is the Council’s intent that Chamber Lease Review and Discussion December 7, 2009 Page 2 the tax burden for the leased space shift to the Chamber, the Council could phase this in over two years, thus the rent would increase 4% in 2010 and 4% in 2011, with increases in the ensuing years of the agreement tied to the CPI. Comparable Lease Rates The City has been advertising space at the Community Center at $10 per square foot. In looking at other facilities, $10 per square foot looks quite low, however the spaces at the Community Center are not considered prime, since the offices are very small and they are hidden from view. This is undoubtedly one of the reasons the space remains vacant, that and our limited marketing of the space. Economic Development Specialist Heidi Steinmetz put together a spreadsheet with information regarding other cities which lease space in their community centers. Most of the cities contacted do not rent out space in their community centers, so Mounds View is somewhat unique in that regard. The other two communities are New Brighton and Plymouth, both of which charge more for their space. Ms. Steinmetz also provided some information on non-governmental available office spaces, since it would be these types of buildings that the Chamber would likely consider. The comps are attached, but a summary is provided below by community: Arden Hills: $8 - $19 per square foot Fridley: $8 - $22 per square foot New Brighton: $7 - $20 per square foot Shoreview: $6 - $16 per square foot While there is a wide variety of variables which dictate the cost and value of the office spaces listed above, it seems that average list rates are in the $12 -$14 per square foot range. Clearly, the Chamber could find cheaper space if it so desired, however the lowest of the lease rates advertised are all “net” rates, meaning the tenant agrees to pay all expenses associated with the space, such as utilities, repairs, insurance and taxes. The Mounds View space is presently leased at a “gross” rate, since the City covers all costs, including taxes. What happens if a new lease is not executed before the end of the year? The City and Chamber have been working on a renewal agreement for their leased space at the Community Center, however it appears unlikely that a new agreement will be approved and executed bore January 1, 2010. In that event, Article 23 of the lease would be enacted, which states, “Should Tenant continue to occupy the Premises, or any part thereof, after the expiration or termination of the Term, whether with or without the consent of landlord, such tenancy shall be from month to month and Tenant shall pay landlord the rent last in effect plus three percent.” The Chamber understands this provision would be enacted if such an event were to occur. Chamber Lease Review and Discussion December 7, 2009 Page 3 Recommendation: Review the draft lease renewal agreement with the Twin Cities North Chamber of Commerce and discuss what action should be taken with regard to the lease rates and tax payments. If the Council has any questions or needs any additional background information, please let me know as soon as possible before the meeting so we may have time to collect the requested data or respond to your specific questions. Respectfully submitted, ________________________ James Ericson Clerk – Administrator Attachments: 1. 2007 Lease 2. 2008 Lease Amendment 3. Draft 2010 Lease Agreement 4. Community Center office Comparables 5. Commercial Office space Comparables the records of the Postal Service or overnight delivery service, notice shall be deemed given on the date acceptance is refused. 23. SURRENDER; HOLDING OVER: Upon the expiration of this Lease or the earlier termination of Tenant's right to possession, Tenant shall immediately vacate the Premises, remove all of its property therefrom and leave the Premises in the condition required by this Lease. Any property not removed shall be deemed abandoned, and Tenant shall be liable for all costs of removal and Tenant shall indemnify, defend and hold Landlord harmless from any cost or liability due to disposition of any property in the Premises in which a person other than Tenant has an interest. Should Tenant fail to surrender the Premises in the condition required by the lease, Landlord shall be entitled to take whatever steps may, in Landlord's sole discretion, be required to restore the Premises to said condition and Tenant agrees that it shall pay to Landlord all costs incurred by Landlord in so restoring the premises. Should Tenant continue to occupy the Premises, or any part thereof, after the expiration or termination of the Term, whether with or without the consent of Landlord, such tenancy shall be from month to month and Tenant shall pay landlord the (i) the rent last in effect plus 3 percent, for the first six months of any such period of holding over and (ii) following such six month holdover period rent shall continue until a new rental rate is agreed upon. 24. OWNER REPRESENTATIONS: Owner agrees to be bound by the terms and conditions of this Lease. Owner has authorized Agent to act on its behalf regarding this Lease and fully authorizes landlord to bind Owner to the terms and conditions of this Lease. To the extent that the Agent herein does not maintain authority over the building Owner agrees to be bound by the terms and conditions of this Lease as the Landlord herein. Owner shall notify Tenant 15 days in advance of any change in Agent's authority over the Premises. Any payments to Agent prior to such notice shall be deemed accepted by Owner. 25. MISCELLANEOUS: (a) The captions in this Lease are for convenience only and are not a part of this Lease. (b) If more than one person or entity shall sign this Lease as Tenant, the obligations set forth herein shall be deemed joint and several obligations of each such party. (c) Time is of the essence. (d) If any provision of this Lease is invalid or unenforceable to any extent, then such provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. (e) This Lease contains the entire agreement of the parties hereto with respect to the Premises and Building. This Lease may be modified only by a writing executed and delivered by both parties. (f) Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Landlord and Tenant, or to create any other relationship between the parties other than that of landlord and tenant. (g) This Lease shall be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained, their respective heirs, successors and assigns. (h) This is governed by and shall be construed according to the laws of the State of Minnesota. 26. TAX COMPLIANCE AND STATUS OF PREMISES: It is the intention of the parties hereto that nothing contained in this Lease or through the performance of this Lease shall any change occur in the tax status of the Premises that existed prior to the entering into of this Lease and that in lieu of each clause, term or provision of this Lease that is illegal, invalid, unenforceable, or not in compliance with property tax requirements, there be added as part of this Lease a clause, term, provision, or requirement similar to such illegal, invalid or unenforceable clause, term, provision, or property tax requirement as may be possible and would be legal, valid, and enforceable, to retain the property tax status of the Premises that existed prior to the entering into of this Lease. In the event that the property tax status for the Premises is changed by any taxing jurisdiction and cannot be returned to the tax status that existed prior to the entering into of this Lease by modification of the terms of this Lease, the Agent shall be responsible for any tax payments or payments in lieu of taxes should the Premises, or a portion thereof, be deemed taxable property for any reason by any taxing jurisdiction as a result of this Lease or the use being made thereof of the Premises, and the Agent shall immediately remit any required payments to the appropriate taxing jurisdiction. 27. SHARED SPACE: In addition to the Premises, Tenant shall have non-exclusive use in comnon with the Landlord and other Tenants of the Shared Space consisting of the lcitchen. When used by Tenant, the Shared Space shall be maintained in a neat and orderly condition. Use of the Shared Space shall be available to Tenant subject to prior scheduling arranged by Landlord. Tenant shall indemnify, defend and hold Landlord harn~less for any claims, damages, injuries, or causes of action arising out of or relating to the use of the Shared Space by Tenant, its employees, agents, customers, or invitees. Landlord and Tenant shall meet and confer to provide Landlord with access to services provided by Tenant on such terms and conditions as the parties shall mutually agree to. In addition to the foregoing, provided that the dance floor located in the Building has not been reserved by Landlord or a third party at least 48 hours prior to the desired time and provided that Tenant has obtained prior approval from Landlord (which approval shall not be unreasonably withheld), Tenant shall have use of the dance floor for occasional use as a reception arealconference rooms which shall include setup and breakdown of tables and chairs for such use in connection with its business in the Premises. 28. ADDITIONAL HAZARDS: Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Premises or bring in anyhng or keep anything therein which shall cause the cancellation of Landlord's insurance policies, or increase the rate of insurance, on the Building, above the standard rate on said premises and buildings as rental property for similar uses.. Tenant further agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due and payable as "additional rent" hereunder. At Tenant's request, Landlord shall make available for Tenant's inspection during regular business hours, all documents pertaining to Landlord's calculation of Tenant's "additional rent" required under this section. Said "additional rent" shall be due and payable as billed by Landlord. 29. INVALIDATION OF PARTICULAR PROVISIONS: If any clause, term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid, unenforceable, or not in compliance with state bond financed property requirements, there be added as part of this Lease a clause, term, provision, or state bond financed property requirement similar to such illegal, invalid or unenforceable clause, term, provision, or state bond financed property requirement as may be possible and would be legal, valid, and enforceable. 342666v2 JYY MU210-35 1 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment") made and entered into this _____ day of November, 2008, by and between the City of Mounds View (“Landlord”) and Twin Cities North Chamber of Commerce (“Tenant”). RECITALS: A. Landlord and Tenant entered into that certain Lease Agreement dated as of August 27, 2007 (“Lease Agreement”), relating to Tenants lease of certain property from Landlord (“Premises”); B. Tenant intends to lease additional space from Landlord that is currently not included as part of the Premises in the Lease Agreement; C. All capitalized terms herein shall have the meanings ascribed in the Purchase Agreement, as applicable, unless otherwise specifically defined herein. WITNESSETH: NOW, THEREFORE, in consideration of the Recitals and other good and valuable consideration, Landlord and Tenant hereby amend the Lease Agreement as follows: 1. Rent. The monetary figure “$885.80” in Section 3 of the Lease Agreement shall be replaced with the monetary figure “995.80” and the monetary figure “$912.37” in Section 3 of the Lease Agreement shall be replaced with the monetary figure “$1,012.37.” 2. Exhibits. Exhibit A to the Lease Agreement shall be replaced with the Exhibit A attached hereto to this Amendment. 3. Except as specifically provided herein, the Lease Agreement remains unchanged and in full force and effect. 342666v2 JYY MU210-35 2 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. TWIN CITIES NORTH CHAMBER OF COMMERCE By Its The City of Mounds View, as owner of the Building and premises herein, hereby agrees to the terms of this Lease. CITY OF MOUNDS VIEW By Its Mayor By Its Clerk/Administrator 342666v2 JYY MU210-35 3 EXHIBIT A Floorplan Layout of the Twin Cities North Chamber of Commerce Area YMCA SPACE YMCA SPACE Chamber Space A SJR-241674v2 MU125-11 LEASE AGREEMENT By and Between City of Mounds View And Twin Cities North Chamber of Commerce SJR-241674v2 MU125-11 1 LEASE AGREEMENT This Lease is made effective as of January 1, 2010, by and between the City of Mounds View, a Minnesota municipal corporation (“Owner”) and Twin Cities North Chamber of Commerce, a Minnesota non-profit corporation ("Tenant"). DATA SHEET The legal significance of the terms set forth in this Data Sheet is governed by references to such terms in the remainder of this Lease. • BUILDING. That certain building situated on the following described real estate: Commonly known as MOUNDS VIEW COMMUNITY CENTER • PREMISES. That space in the Building, as designated on Exhibit A annexed hereto, consisting of approximately 1,104 square feet measured from the exterior surface of the exterior walls to the center of the interior walls and Tenant’s proportionate share of the Common Areas. The street address of the Premises is 5394 Edgewood Drive in the City of Mounds View. • LANDLORD: City of Mounds View, 2401 Highway 10, Mounds View, MN 55112. • TENANT: Twin Cities North Chamber of Commerce, 5394 Edgewood Drive, Suite 100, Mounds View, Minnesota 55112 1. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, the Premises described in the Data Sheet. 2. TERM: The Term of this Lease shall commence on the 1st day of January, 2010, and shall terminate on the 31st day of December, 2014, unless earlier terminated as hereinafter provided. 3. RENT: Tenant agrees to pay Landlord, at 2401 Highway 10, Mounds View, MN 55112, or such other place as Landlord may from time to time designate in writing, on or before the first day of each month commencing January 1, 2010, the monthly Rent of $1,012.37. On January 1, 2011, the monthly Rent shall increase by 3%. On each January 1st thereafter, the monthly Rent shall be increased by the lesser of the following: SJR-241674v2 MU125-11 2 (a) 3% of the previous year’s monthly rent or (b) by an amount equivalent to the increase in the Consumer Price Index for All Urban Consumers, All Cities, All Items (1984 = 100) (the CPI), as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties hereto. In the event the applicable CPI is less than zero, the previous year’s monthly rent shall remain in force. 4. USE OF PREMISES: Tenant will use and occupy the Premises solely for general office purposes. Tenant will not use or occupy the Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations and orders of all governmental units having jurisdiction over the Premises. Tenant shall not cause or permit any unusual noise, vibrations, odors or nuisance in or about the Premises and the Building and grounds nor shall Tenant permit any debris, property or merchandise of Tenant, its officers, employees or agents to be placed or left upon the grounds; and Tenant, its officers and employees shall observe all reasonable rules and regulations adopted by Landlord for the general safety, comfort and convenience of Landlord, Tenant and other Tenants including the reasonable assignment of parking spaces for the exclusive use of Tenant or other tenants of Landlord or the Building. In the event Tenant shall cause or permit any unusual noise, odor or nuisance or the storage of any debris, property or merchandise of Tenant, its officers, employees or agents, in or about the Premises, the Building or grounds in violation of the terms of this Section, landlord shall be entitled to take any steps it deems reasonably necessary to correct or remove such violation and Tenant shall pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction or removal including all costs and expenses incurred in ascertaining which Tenant is responsible for such violation. Landlord disclaims any warranty that the Premises are suitable for Tenant's use and Tenant acknowledges that it has had a full opportunity to make its own determination in this regard. Owner warrants, to the best of its knowledge, that the building is in compliance with the Americans with Disabilities Act (ADA). In the event that the premises is found not to be in compliance, Owner shall be responsible for all construction or alteration of the premises to render the premises in compliance with ADA. Tenant will not conduct or permit to be conducted any activity, or place any equipment in or about the Premises, which will in any way increase the rate of fire insurance or other insurance on the building; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, such statement shall be conclusive evidence that such increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for such increase and shall reimburse Landlord therefore and, SJR-241674v2 MU125-11 3 further, shall discontinue or cause the discontinuance of such conduct or shall remove such equipment upon Landlord's demand made at any time thereafter. Tenant shall not install, use, generate, store or dispose of in or about the Premises any hazardous substance, toxic chemical, pollutant or other material regulated by the Comprehensive Environmental Response, Compensation and Liability Act of 1985 or the Minnesota Environmental Response and Liability Act or any similar law or regulation, including without limitation any material containing asbestos, PCB, CFC or HCFC (collectively "Hazardous Materials") without Landlord's written approval of each Hazardous Material. Landlord shall not unreasonably withhold its approval of use by Tenant of immaterial quantities of Hazardous Materials customarily used in business operations so long as Tenant uses such Hazardous Materials in accordance with all applicable laws. Upon expiration or termination of this Lease Tenant shall remove all Hazardous Materials installed, used, stored or disposed of in the Premises by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage or expense arising out of Tenant's installation, use, generation, storage, or disposal of any Hazardous Materials, regardless of whether Landlord has approved the activity. 5. ASSIGNMENT AND SUBLETTING: Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or franchise or permit occupancy or use of the Premises, or any part thereof by any third party; nor shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise, (any of the foregoing being hereinafter referred to as an "Assignment") without in each such case obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. The consent by Landlord to any Assignment shall not be construed as a waiver or release of Tenant from the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of rent from any transferee under an Assignment constitute an acceptance of the Assignment or a waiver or release of Tenant or any transferee of any covenant or obligation contained in this Lease, nor shall any Assignment be construed to relieve Tenant from the requirement of obtaining the consent in writing of Landlord to any further Assignment. In conjunction with any requested assignment of this Lease, Landlord may require Tenant to execute a reaffirmation of Tenant’s liability hereunder, with waiver of defenses based solely on suretyship. If, at any time during the Term of this Lease, Tenant (and/or the guarantor, if any) is: (i) a corporation or a trust (whether or not having shares of beneficial interest) and there shall occur any change in the identity of any of the persons then having power to participate in the election or appointment of the directors, trustees, or other persons exercising like functions and managing the affairs of Tenant, or (ii) a partnership, limited liability company or association or otherwise not a natural person (and is not a corporation or a trust) and there shall occur any change in the identity of any of the persons who then are members of such partnership or association or who comprise Tenant SJR-241674v2 MU125-11 4 such change shall be deemed to be an Assignment. This Section shall not apply if Tenant (and/or guarantor, if any) named herein is a corporation and the outstanding voting stock thereof is listed on a recognized national securities exchange. Whether or not Landlord has consented to assignment or sublease, Tenant shall pay directly to Landlord the amount by which the rent or other payments received by Tenant pursuant to such assignment or sublease exceeds, in any month, the Rent and additional rent payable by Tenant to Landlord Hereunder. 6. MAINTENANCE AND REPAIRS: Tenant agrees to keep, maintain and repair the Premises and the fixtures and equipment therein in first class, properly functioning, safe, orderly and sanitary condition, will make all necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration or other termination of the Term of this Lease, surrender the same with all improvements in the same order and condition in which they were on the commencement date of this lease, or in such better condition as they may hereafter be put, excepting ordinary wear and tear as well as casualty damage to the extent such casualty damage is covered by insurance excepted. Notwithstanding anything apparently to the contrary in this Section, any cost of repairs or improvements to the Building, to the Premises or to any common areas which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or by requirements of law, ordinance or other governmental directive and which arise out of the nature of Tenant's use and occupancy of the Premises or the installations of Tenant in the Premises shall be paid for by Landlord. 7. ALTERATIONS; SIGNS; EQUIPMENT; MOVING: Tenant will not make or permit anyone to make any alterations, decorations, additions or improvements, structural or otherwise, in or to the Premises or the Building without the prior written consent of Landlord. As a condition precedent to consent of Landlord hereunder, Tenant agrees to obtain and deliver to Owner such security against mechanic's liens as Owner shall reasonably request. If any mechanic's lien is filed against any part of the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanic's lien shall be discharged by Tenant within ten days thereafter, at Tenant's sole cost and expense, by the payment thereof or by making any deposit required by law. Regardless of whether Landlord's consent is required or obtained hereunder: (i) all alterations shall be made in accordance with applicable laws, codes and insurance guidelines, and shall be performed in a good and workmanlike manner, (ii) if the construction or installation of Tenant's alterations or fixtures causes any labor disturbance, Tenant shall immediately take any action necessary to end such labor disturbance, and (iii) Tenant shall furnish to Landlord as-built plans in such format as Landlord may reasonably require. All alterations, which become permanent fixtures to the Premises shall become the property of Owner upon expiration of the Term and shall remain upon and be surrendered with the Premises as a part thereof without disturbance or injury, unless Landlord requires specific items thereof to be removed by Tenant at Tenant's sole expense, in which event Tenant shall do so prior to the expiration of the Term at its expense, and shall repair SJR-241674v2 MU125-11 5 any damage caused thereby. All items described in Exhibit B shall not be considered fixtures and shall remain the property of Owner unless Tenant purchases same from the Owner. Tenant shall not place or maintain any sign, advertisement or notice on any part of the outside of the Premises or the building except (i) such place, number, size, color and style as has been approved in writing by Landlord and (ii) in accordance with the sign criteria to be developed by Landlord. Any such signs shall be at the sole expense of Tenant. Tenant shall remove all signs at the expiration or termination of this lease and restore the affected area to its original condition. Tenant shall not install any equipment containing Hazardous Materials nor any equipment which will or may necessitate any changes, replacements or additions to, or in the use of, the heating, ventilating or air-conditioning system, or other building system of the Premises or the Building without first obtaining the prior written consent of Landlord. Equipment belonging to Tenant which causes noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate noise and vibration. Landlord shall have the right at any time to limit the weight and prescribe the position of safes, concentrated filing systems and other heavy equipment or fixtures. All moving of furniture, equipment and other material shall be done under the direct control and supervision of Landlord who shall, however, not be responsible for any damage to or charges for moving the same unless damage is the direct result of Owner’s sole and gross negligence. Any and all damage or injury to the premises or the Building caused by moving the property of Tenant in or out of the Premises, or due to the same being on the Premises, shall be repaired by, and at the sole cost of, Tenant. No deliveries or pickups shall be left unattended at the loading dock. 8. RIGHT OF ENTRY: Tenant will furnish to Landlord at all times a master key to the Premises and permit Landlord, or its representative upon 24 hour notice, to enter the Premises during normal business hours or at such times as the parties agree, to examine, inspect and protect the Premises, and to make such alterations, renovations, restorations and/or repairs as in the judgment of Landlord may be deemed necessary or desirable for the Premises, for any other premises in the Building, or the Building itself (including access to distribution systems above the ceiling of the Premises), or to exhibit the same to prospective tenants during the last year of the Term of this Lease or during any period Tenant is in default hereunder, or to prospective purchasers or lenders at any time. Landlord shall use reasonable efforts to not unreasonably interfere with the conduct of Tenant's business, but Landlord shall in no event be liable to Tenant for any damages in connection with such entry or installation. Landlord shall have the right of immediate entry, without notice, for emergencies provided Tenant shall be notified as soon after such entry as possible. SJR-241674v2 MU125-11 6 Landlord reserves the right to impose such reasonable security restrictions in the common areas as it deems appropriate from time to time. 9. SERVICES AND UTILITIES: Tenant agrees to pay a monthly Internet charge of $37.50 and agrees to pay all charges for utility services to the Premises during the term of this Lease including, but not limited to, gas, electric, sewer, water, telephone, sprinkler alarm system, security systems and rubbish removal. Tenant shall not commit waste or use any of the utilities in excess of ordinary and reasonable use. 10. PROTECTION FROM SUBROGATION: Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the Premises or the adjoining properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant’s use and occupation of the Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused by the negligence or other fault of Landlord, Tenant or of their respective agents, employees, subtenants, licensees or assignees to the extent that such business interruption or loss or damage to property or injury to or death of person is covered by or indemnified by proceeds received from insurance carried by other party (regardless of whether such insurance is payable to or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its agents, employees, subtenants, licensees and assignees, for any such loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from any such insurance, or for which reimbursement is otherwise received. Landlord’s and Tenant’s respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured’s written waiver prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the above and foregoing events; save and except as to any such damages caused by the willful or wanton conduct of Landlord, its agents or employees, provided such damages are not recoverable by Tenant pursuant to the insurance policies required to be provided by Tenant under this Lease or otherwise. 11. WAIVER AND INDEMNITY: Notwithstanding anything apparently to the contrary in this Lease, Landlord and its partners, officers and employees and property manager shall not be liable to Tenant, and Tenant hereby releases such parties from all damage, compensation or claims from any cause other than the intentional misconduct of Landlord or its partners, officers or employees or property manager arising from: loss or damage to personal property or trade fixtures in the Premises including books, records, files, computer equipment, computer data, money, securities, negotiable instruments or other papers; lost business or other consequential damage arising out of interruption in the use of the Premises; and any criminal act by any person other than Landlord SJR-241674v2 MU125-11 7 or its partners, officers or employees. Furthermore, Tenant agrees that Landlord, its officers, agents, partners, and employees shall not be liable to Tenant or those claiming through or under Tenant for any injury, death or property damage occurring in, on or about the Premises, the Building or grounds. Tenant agrees to indemnify, defend and hold Landlord and its partners, officers and employees and property manager harmless from and against any claim, loss or expense arising out of injury, death or property loss or damage occurring by reason of Tenant’s use of the Premises, except only to the extent caused by the negligent act or intentional misconduct of Tenant or its partners, officers or employees. Landlord agrees to indemnify, defend and hold Tenant and its partners, officers and employees harmless from and against any claim, loss or expense arising out of injury, death or property loss or damage occurring by reason of Landlord’s, other tenants and the Property Manager’s use of the Building, except only to the extent caused by the negligent act or intentional misconduct of Landlord or its partners, officers or employees or property manager Nothing in this Lease shall constitute a waiver or limitation of the Owner’s immunities or limitations on liability as set froth in Minnesota Statutes, Chapter 466. 12. INSURANCE: Tenant agrees to purchase, in advance, and to carry in full force and effect the following insurance: (a) "All risk" property insurance covering the full replacement value of all of Tenant's leasehold improvements, trade fixtures and personal property within the Premises. Landlord shall be named as loss payee under all such policies. (b) Commercial general liability insurance, providing coverage on an "occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and Independent Contractors, in current Insurance Services Office form or other form which provides coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000 aggregate $1,500,000 per occurrence applying to Bodily Injury, Property Damage and Personal Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination with umbrella or excess policies so long as the coverage is at least as broad as that required herein. Such liability for property damage and fire legal liability shall not be less than $100,000.00 Such liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit stated above, and provided further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become reduced or exhausted. Landlord shall be named as additional insured under all such policies. At least ten (10) days prior to entry by Tenant on the Premises, Tenant shall deliver to Landlord evidence that the insurance required by this Lease is in full force and effect. At least SJR-241674v2 MU125-11 8 thirty (30) days prior to expiration of any such coverage, Tenant shall deliver evidence that the coverage in question will be renewed or replaced upon expiration. Such evidence of insurance shall be in writing signed by a party authorized to bind the insurer, authorize Landlord to rely thereon, and shall contain sufficient information to enable Landlord to determine whether Tenant's insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish insurer-certified copies of all pertinent policies. All polices used to provide the coverage required by this Lease shall (i) be endorsed to require the insurer to provide at least thirty (30) days notice to Landlord prior to cancellation or non-renewal, and (ii) be issued by financially sound companies having an A.M. Best Company rating of at least A:VII. 13. FIRE OR OTHER CASUALTY: If the Premises or the Building shall be damaged by fire or other cause Landlord shall at its option either (a) undertake to restore such damage with all due diligence, or (b) in the event the Premises or the Building are damaged by fire or other cause to such extent that damage cannot, in Landlord's sole judgment, be economically repaired within 90 days after the date of such damage (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company and using normal construction methods without overtime or other premium), terminate this Lease, by notice given to Tenant within 60 days after the date of the damage. Any termination hereunder by reason of damage to the Premises shall be effective as of the date of the damage. Any termination by reason of damage to the Building but not the Premises shall be effective as of the date notice is given. If Landlord elects to restore, Landlord shall not be obligated to restore any improvements in the Premises which were not owned and constructed by Landlord. Upon substantial completion by Landlord of its work, Tenant shall undertake to restore its leasehold improvements and trade fixtures with all due diligence. This Lease shall, unless terminated by Landlord, remain in full force and effect following such damage, and, in the case of damage to the Premises, the Rent, prorated to the extent that the Premises are rendered untenantable, shall be equitably abated until such repairs are completed; provided, however, that if Tenant does not restore its leasehold improvements and trade fixtures with due diligence, abatement shall cease as of the date restoration could have been completed using due diligence. 14. CONDEMNATION: If the whole or any substantial part of the Premises shall be taken or condemned or purchased under threat of condemnation by any governmental authority, then the Term of this Lease shall cease and terminate as of the date when the interference with the possession, enjoyment or value of the Premises occurs and Tenant shall have no claim against the condemning authority, Landlord or otherwise, for any portion of the amount that may be awarded as damages as a result of such taking or condemnation or for the value of any unexpired Term of the Lease, provided, however, that landlord shall not be entitled to any separate award made to Tenant for loss of business, relocation costs or the value of the cost of removal of stock and trade fixtures and any such award is hereby condemned to the extent that it cannot, in Landlord's sole judgment, be economically restored within a reasonable time, Landlord shall have the option by notice given to Tenant within 30 days after the date of interference with possession, to terminate this Lease as of the date of such interference with possession. SJR-241674v2 MU125-11 9 15. DEFAULT: Any one of the following events shall constitute an Event of Default: (i) Tenant shall fail to pay any monthly installment of Rent as herein provided; (ii) Tenant shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant and such default shall continue for 30 days after notice from Landlord; provided, however, that if the nature of such default is such that Tenant can cure the default, but not within fifteen (30) days, then the Event of Default shall be suspended for a period not in excess of thirty (30) additional days so long as Tenant commences cure within fifteen (15) days and thereafter diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create material risk to the Building or to persons using the Building; (iii) Tenant shall file or have filed against it or any guarantor of this Lease any bankruptcy or other creditor's action, or make an assignment for the benefit of its creditors. If an Event of Default shall have occurred and be continuing, Landlord may at its sole option by written notice to Tenant terminate this Lease. Neither the passage of time after the occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to such Event of Default shall limit Landlord's rights. If an Event of Default shall have occurred and be continuing, whether or not Landlord elects to terminate this Lease, Landlord may enter upon and repossess the Premises (said repossession being hereinafter referred to as "Repossession") by force, summary proceedings, ejectment or otherwise, and may remove Tenant and all other persons and property therefrom. From time to time after Repossession of the Premises, whether or not this Lease has been terminated, Landlord may, but shall not be obligated to, attempt to relet the Premises for the account of Tenant in the name of Landlord or otherwise, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and for such terms (which may include concessions or free rent) and for such uses as Landlord, in its uncontrolled discretion, may determine, and may collect and receive the rent therefore. Any rent received shall be applied against Tenant's obligations hereunder, but Landlord shall not be responsible or liable for any failure to collect any rent due upon any such reletting. No termination of this Lease and no Repossession of the Premises pursuant to this Section or otherwise shall relieve Tenant of its liabilities and obligations under this Lease, all of which shall survive any such termination or Repossession. In the event of any such termination or Repossession, whether or not the Premises shall have been relet, Tenant shall pay to Landlord the Rent and other sums and charges to be paid by Tenant up to the time of such termination or SJR-241674v2 MU125-11 10 Repossession, and thereafter Tenant, until the end of what would have been the Term in the absence of such termination or Repossession, shall pay to Landlord, as and for liquidated and agreed current damages for Tenant's default, the equivalent of the amount of the Rent and such other sums and charges which would be payable under this Lease by Tenant if this Lease were still in effect, less the net proceeds, if any, of any reletting effected pursuant to the provisions of this Section after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, attorneys' fees, alteration costs, and expenses of preparation for such reletting. Tenant shall pay such current damages to Landlord monthly on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover the same from Tenant on each such day. At any time after such termination or Repossession, whether or not Landlord shall have collected any current damages as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord on demand, as and for liquidated and agreed final damages for Tenant's default, an amount equal to the then present value of the excess of the Rent and other sums or charges reserved under this Lease from the day of such termination or Repossession for what would be the then unexpired term if the same had remained in effect, over the amount of rent Tenant demonstrates that Landlord could in all likelihood actually collect for the Premises for the same period, said present value to be arrived at on the basis of a discount of four percent (4%) per annum. In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement upon demand of all reasonable attorneys fees incurred by Landlord in connection with any Event of Default. Landlord shall in no event be considered to be in default of Landlord's obligations hereunder until the expiration of a reasonable time after notice of default from Tenant. 16. SUBORDINATION: For the purposes of this Section, the term "Mortgage" shall mean at any time, any mortgage of record now or hereafter placed against the Building, any increase, amendment, extension, refinancing or recasting of a Mortgage and, in the case of a sale or lease and leaseback by Landlord of all or any part of the Building, the lease creating the leaseback. For the purposes hereof, a Mortgage shall be deemed to continue in effect after foreclosure thereof until expiration of the period of redemption therefrom. This Lease is subject and subordinate to the lien of any Mortgage which may now or hereafter encumber the Building or any development of which the Building is a part. In confirmation of such subordination, Tenant shall, at Landlord's request from time to time, promptly execute any certificate or other document requested by the holder of the Mortgage. Tenant agrees that in the event that any proceedings are brought for the foreclosure of any Mortgage, Tenant shall immediately and automatically attorn to the purchaser at such foreclosure sale, as the landlord under this Lease, and Tenant waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right to terminate or otherwise adversely affect this Lease or the obligations of Tenant hereunder in the event that SJR-241674v2 MU125-11 11 any such foreclosure proceeding is prosecuted or completed. Neither the holder of the Mortgage (whether it acquires title by foreclosure or by deed in lieu thereof) nor any purchaser at foreclosure sale shall be liable for any act or omission of Landlord occurring prior to date of acquisition of title, nor subject to any offsets or defenses which Tenant might have against Landlord nor bound by any prepayment by Tenant of more than one month's installment of Rent nor by any modification of this Lease made subsequent to the granting of the Mortgage unless consented to by the holder of the Mortgage. Notwithstanding anything to the contrary in this Section, so long as Tenant is not in default under this Lease, this Lease shall remain in full force and effect and the holder of the Mortgage and any purchaser at foreclosure sale thereof shall not disturb Tenant's possession hereunder. 17. SALE OR MORTGAGE OF THE BUILDING: In the event of a sale of the Building, Landlord shall be relieved of all liability under this lease accruing from and after the date of sale provided Landlord has obtained the written agreement of its transferee or assignee to assume and carry out all of the covenants and obligations of the Landlord hereunder. The Tenant agrees at any time and from time to time, upon not less than ten days prior written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying that the Lease is not modified (or modified, stating the modification) that the Lease is in full force and affect, stating the dates to which the Rent has been paid in advance and stating whether the landlord is in default hereunder. It is intended that any such statement may be relied upon by any prospective purchaser of the fee or mortgagee or assignee of any mortgage upon the Building or real estate. 18. WAIVER: One or more waivers of any covenant, 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 of 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. The failure or delay on the part of either party to enforce or exercise at any time any of the provisions, rights or remedies in this Lease shall in no way be construed to be a waiver thereof, nor in any way to affect the validity of this Lease or any part thereof, or the right of the party to thereafter enforce each and every such provision, right or remedy. 19. RULES AND REGULATIONS: Tenant shall use the Premises and the common areas of the Building in accordance with the terms of this Lease and such additional rules and regulations as may from time to time be reasonably made by Landlord for the general safety, comfort and convenience of the landlord, occupants and tenants of the Building, and Tenant shall use its best efforts to cause Tenant's customers, employees and invitees to abide by such rules and regulations. Landlord shall in no event be responsible to Tenant for enforcement of such rules and regulations against other SJR-241674v2 MU125-11 12 tenants. These Rules and Regulations shall be in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the covenants and conditions of any lease of the Premises. If any provision of these rules and regulations conflicts with any provision of the Lease, the terms of the Lease shall prevail. 20. COVENANT OF QUIET ENJOYMENT: Landlord covenants that it has the right to make this Lease for the term aforesaid and covenants that if Tenant shall pay the rent and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the Term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises. 21. NO REPRESENTATIONS BY LANDLORD: Neither Landlord nor any agent or employee of Landlord has made any representations or promises with respect to the Premises or the Building except as herein expressly set forth, and no right, privileges, easements or licenses are acquired by Tenant except as herein expressly set forth. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or the occupants thereof. Landlord reserves the right from time to time to modify the Building, including common areas, appurtenances and rentable areas, without in any case reducing the obligations of Tenant hereunder. Tenant has no right to light or air over any premises adjoining the Building. Tenant, by taking possession of the Premises, shall accept the same "as is" except as expressly provided in this Lease and such taking of possession shall be conclusive evidence that the Premises and the Building are in good and satisfactory condition at the time of such taking of possession. In addition to and without limitation of the immediately preceding sentence, Tenant agrees that it is leasing the Premises on an "AS IS", "WHERE IS" and "WITH ALL FAULTS" basis( subject to the improvements described in Exhibit B), based upon its own judgment, and hereby disclaims any reliance upon any statement or representation whatsoever made by Landlord. LANDLORD MAKES NO WARRANTY WITH RESPECT TO THE PREMISES, THE BUILDING OR ANY PART THEREOF, EXPRESS OR IMPLIED, AND LANDLORD SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PREMISES, THE BUILDING OR ANY PART THEREOF. 22. NOTICES: All notices or other communications hereunder shall be in writing and shall be effective if hand delivered or sent by registered or certified first-class mail, postage prepaid, or by overnight express service which maintains confirmation of delivery, (i) if to Landlord at Landlord Address set forth in the Data Sheet, and (ii) if to Tenant, at the Premises, unless notice of a change of address is given pursuant to the provisions of this Section. The day notice is given by mail shall be deemed to be the day following the day of mailing. If acceptance is refused, as evidenced by the records of the Postal Service or overnight delivery service, notice shall be deemed given on the date acceptance is refused. SJR-241674v2 MU125-11 13 23. SURRENDER; HOLDING OVER: Upon the expiration of this Lease or the earlier termination of Tenant's right to possession, Tenant shall immediately vacate the Premises, remove all of its property therefrom and leave the Premises in the condition required by this Lease. Any property not removed shall be deemed abandoned, and Tenant shall be liable for all costs of removal and Tenant shall indemnify, defend and hold Landlord harmless from any cost or liability due to disposition of any property in the Premises in which a person other than Tenant has an interest. Should Tenant fail to surrender the Premises in the condition required by the lease, Landlord shall be entitled to take whatever steps may, in Landlord’s sole discretion, be required to restore the Premises to said condition and Tenant agrees that it shall pay to Landlord all costs incurred by Landlord in so restoring the premises. Should Tenant continue to occupy the Premises, or any part thereof, after the expiration or termination of the Term, whether with or without the consent of Landlord, such tenancy shall be from month to month and Tenant shall pay landlord the (i) the rent last in effect plus 3 percent, for the first six months of any such period of holding over and (ii) following such six month holdover period rent shall continue until a new rental rate is agreed upon. 24. MISCELLANEOUS: (a) The captions in this Lease are for convenience only and are not a part of this Lease. (b) If more than one person or entity shall sign this Lease as Tenant, the obligations set forth herein shall be deemed joint and several obligations of each such party. (c) Time is of the essence. (d) If any provision of this Lease is invalid or unenforceable to any extent, then such provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. (e) This Lease contains the entire agreement of the parties hereto with respect to the Premises and Building. This Lease may be modified only by a writing executed and delivered by both parties. (f) Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Landlord and Tenant, or to create any other relationship between the parties other than that of landlord and tenant. (g) This Lease shall be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained, their respective heirs, successors and assigns. SJR-241674v2 MU125-11 14 (h) This is governed by and shall be construed according to the laws of the State of Minnesota. (i) Landlord and Tenant shall be responsible for providing and performing all obligations set forth in the attached Exhibit B. The improvements detailed in Exhibit B shall remain on the premises for the entire term of this lease. 25. TAX COMPLIANCE AND STATUS OF PREMISES: It is the intention of the parties hereto that nothing contained in this Lease or through the performance of this Lease shall any change occur in the tax status of the Premises that existed prior to the entering into of this Lease and that in lieu of each clause, term or provision of this Lease that is illegal, invalid, unenforceable, or not in compliance with property tax requirements, there be added as part of this Lease a clause, term, provision, or requirement similar to such illegal, invalid or unenforceable clause, term, provision, or property tax requirement as may be possible and would be legal, valid, and enforceable, to retain the property tax status of the Premises that existed prior to the entering into of this Lease. In the event that the property tax status for the Premises is changed by any taxing jurisdiction and cannot be returned to the tax status that existed prior to the entering into of this Lease by modification of the terms of this Lease, the Agent shall be responsible for any tax payments or payments in lieu of taxes should the Premises, or a portion thereof, be deemed taxable property for any reason by any taxing jurisdiction as a result of this Lease or the use being made thereof of the Premises, and the Agent shall immediately remit any required payments to the appropriate taxing jurisdiction. 26. SHARED SPACE: In addition to the Premises, Tenant shall have non-exclusive use in common with the Landlord and other Tenants of the Shared Space consisting of the kitchen. When used by Tenant, the Shared Space shall be maintained in a neat and orderly condition. Use of the Shared Space shall be available to Tenant subject to prior scheduling arranged by Landlord. Tenant shall indemnify, defend and hold Landlord harmless for any claims, damages, injuries, or causes of action arising out of or relating to the use of the Shared Space by Tenant, its employees, agents, customers, or invitees. Landlord and Tenant shall meet and confer to provide Landlord with access to services provided by Tenant on such terms and conditions as the parties shall mutually agree to. In addition to the foregoing, one day each year, the Tenant may use the Event Center, or a portion thereof, without charge, provided the Tenant assumes responsibility for all set-up and break down activity, including cleaning of the space. Tenant may also have periodic use of other meeting rooms without charge, provided that the room has not been reserved by Landlord or a third party at least 48 hours prior to the desired time and provided that Tenant has obtained prior approval from Landlord (which approval shall not be unreasonably withheld). Tenant shall be responsible for any set-up and break down activity, including cleaning of the space. SJR-241674v2 MU125-11 15 27. ADDITIONAL HAZARDS: Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Premises or bring in anything or keep anything therein which shall cause the cancellation of Landlord’s insurance policies, or increase the rate of insurance, on the Building, above the standard rate on said premises and buildings as rental property for similar uses.. Tenant further agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due and payable as “additional rent” hereunder. At Tenant’s request, Landlord shall make available for Tenant’s inspection during regular business hours, all documents pertaining to Landlord’s calculation of Tenant’s “additional rent” required under this section. Said “additional rent” shall be due and payable as billed by Landlord. 28. INVALIDATION OF PARTICULAR PROVISIONS: If any clause, term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid, unenforceable, or not in compliance with state bond financed property requirements, there be added as part of this Lease a clause, term, provision, or state bond financed property requirement similar to such illegal, invalid or unenforceable clause, term, provision, or state bond financed property requirement as may be possible and would be legal, valid, and enforceable. 29. STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND COMPLIANCE: The Landlord and Tenant acknowledge that funding for a portion of the Premises was obtained through a grant from the State of Minnesota’s Department of Children, Families and Learning, and as such, the Premises is considered state bond financed property. Landlord states and Tenant, to the best of it’s knowledge, without inquiry agrees that the following requirements contained within this Lease are included to satisfy the state bond finance property requirements of Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements contained in the G.O. Compliance statutes, and pursuant to the Commissioner’s Order. (a) ENTITY STATUS. The Landlord is defined as a public entity organized as a charter city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal corporation. (b) DEMISED PREMISES OWNERSHIP. The Premises is owned solely and completely by the Landlord, the City of Mounds View. SJR-241674v2 MU125-11 16 (c) AGREEMENT AUTHORITY. The Landlord has entered into this Lease with the Tenant pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal Charter and Municipal Code. (d) GOVERNMENTAL PROGRAM. This Lease is (i) being executed and entered into to carry out a Governmental Program, (ii) such Governmental Program is the City of Mounds View Parks and Recreation Program, including the operation of the Community Center and its accompanying facilities, as well as the parks within the City and general recreational programming within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to Municipal Charter Section 6.02, Subdivision 1, Municipal Code Section 106.05 and Chapter 405, and Minnesota Statutes Section 471.15. (e) GOVERNMENTAL PROGRAM OVERSIGHT. The Owner has accepted financing through a Government Bonding Program. If required by the State for compliance purposes, Tenant will provide the State the right to inspect and audit Tenant’s books and records for its operations at the Premises, with each such review to show the program budget, revenues and expenses. (f) TERM OF THE USE AGREEMENT. As the Premises consists of land and buildings, the term of this Lease as provided herein relating to the building and improvements, and including all renewals which are solely at the option the Tenant, is for a period of time which is less then 50% of the useful life of the Premises. (g) TERMINATION OF THE USE AGREEMENT. This Lease allows for termination by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the Tenant. The termination of this Lease is also allowed by the Landlord, pursuant to Section 16.13, in the event that the Governmental Program is terminated or changed. (h) COST OF OPERATION OF THE FACILITY (“PREMISES”). The Landlord possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City’s Municipal Charter Section 6.02, Subdivision 1, and the City’s Municipal Code Section 106.05 and Chapter 405, to expend monies to operate and maintain the Premises. (i) RECEIPT OF MONIES/COMPLIANCE WITH TAX CODE. It is contemplated and understood by the parties to this Lease, that the Landlord’s operation of the Premises is in compliance with the tax code. (j) SALE OF THE FACILITY (PREMISES). (i) This Lease is free of any provisions which would require the Landlord to sell the Premises for an amount less than the fair market value if it is to be sold to a non-public entity. (ii) This Lease is free of any provisions which would allow the Landlord to sell the facility (Premises) without the Landlord first determining, by SJR-241674v2 MU125-11 17 official action, that the Premises is no longer usable or needed to carry out the Governmental Program. (iii) This Lease is free of any provisions which would require the Landlord to sell the Premises without first obtaining the written consent of the Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695, Subdivision 3, and the Commissioner’s Order. (iv) This Lease is free of any provisions which would cause the matter of distribution of the proceeds of the sale of the Premises, which is not provided for nor contemplated in this Lease, to violate the provisions contained in the G.O. Compliance Bill and the Commissioner’s Order (Minn. Statutes Section 16A.693, Subdivision 3 and the Commissioner’s Order). (v) This Lease contains no provisions concerning the sale of the Premises or the termination of the Governmental Program. TWIN CITIES NORTH CHAMBER OF COMMERCE By Its The City of Mounds View, as owner of the Building and premises herein, hereby agrees to the terms of this Lease. CITY OF MOUNDS VIEW ___________________________ Joe Flaherty, Mayor James Ericson, Clerk-Administrator SJR-241674v2 MU125-11 18 EXHIBIT A Depiction of Premises Leased by Tenant Chamber Space A Office Spacefor Rent?Base Lease RateCommon Maintenance Area (CAM) ChargesProperty Tax ChargesAndover Community Center Non/a n/a n/aApple Valley Community CenterBecker Community Center Yes, but… no charge for libraryn/a n/aBrooklyn Center Community Center Non/a n/a n/aChaska Community Center Non/a n/a n/aCoon Rapids Civic CenterEagan Community Center Non/a n/a n/aEden Prairie Community Center Non/a n/a n/aInver Grove Heights Community Center Non/a n/a n/aMaple Grove Community Center Non/a n/a n/aMaplewood Community Center Non/a n/a n/aMounds View Community Center Yes $10 No NoNew Brighton Family Service Center Yes $12-$16 per SFbased on % of building usage & billed quarterlyNoPlymouth Activities Center Yes $16 per SF no YesShoreview Community Center Non/a n/a n/aWoodbury Central ParkYes, but…one day per weekNational Sports Center, Blaine YesDell-Comm, Mounds View Yes $12.50 per SF No No2442 County Rd 10, Mounds View(former Let's Get Graphic building)Yes $16-18 per SF (old #s)550 Main St., New Brighton(Risdall Marketing Group building)YesOffice Lease Rates in Other Minnesota Cities' Community CentersOffice Lease Rates in Spaces Comparable to Mounds View Community Center Office SpaceSee attached office rates examples in Arden Hills, Fridley, New Brighton & Shoreview.12/2/09 You are currently not logged in | Activate MNCAR Member Login Site Keyword & Search Your Email: Password: Forgot Your Password? Submit Que SEARCH FOR MINNESOTA COMMERCIAL PROPERTY Search Again Search Results Select Page 16 Total Results - - Select a Report - - Map Email Print Sort By Address ASC Pages:12 Results Per Page 10 For Sale NE of I-35W and Co Rd D / NE of I-35W and Co Rd D New Brighton, MN 55112 General Use Office Bldg Size 12,500 Yr Built -- Market Northeast Class A # Floors 2 Parking -- Tenancy Multi-Tenant Available 3,000 Vacant -- Sale Type Owner/User Price $405,000 Price/SF $135.00 Don Twombly (651) 251-8621 -- Great location 35W/D northeast corner! 3000 Sq Feet of space at $135.00 a Sq Ft. The association will be formed before closing. For Lease Transoma Medical Building / 119 14th St NW New Brighton, MN 55112 General Use Office Bldg Size 118,500 Yr Built 2008 Market Northwest Class A # Floors 2 Parking -- Core Factor -- Available 55,864 Max Contiguous 55,864 Min Divisible 10,000 Op Exp/SF -- Rate $20.00 Gross Direct/Sub SubLease Gerald Driessen (612) 336-4310 John Ryden (952) 924-4641 Up to 35,000 sf brand new, class A office space available with easy access and visibility from I-35W. Quality built by Ryan Companies and in move-in condition! Amenities include assess to large common conference and training rooms, shared use cafeteria, men's and woman's bathrooms have showers and lockers. Private or shared entry. Furniture is available. Convenient New Brighton Location (NW quadrant of 35W and 694). For Lease Stony Lake Office Park / 2451-2491 15th St NW New Brighton, MN 55112 General Use Office Bldg Size 18,824 Yr Built 1983 Market Northwest Class B # Floors 1 Parking 5.00 Core Factor -- Available 5,135 Max Contiguous 2,606 Min Divisible 516 Op Exp/SF $8.58 Rate $13.50 Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 For Lease Brighton East Office Center / 0 35W and D NE Corner Ave SW New Brighton, MN 55112 General Use Office Bldg Size 12,141 Yr Built Class B # Floors 2 Parking Available 3,000 Max Contiguous 3,000 Min Divisible Rate $11.00 NNN Direct/Sub Direct Don Twombly Home MNCAR Association MNCAR Exchange Join Events Resources Sponsors Greater MN Contact Us Page 1 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm 1999 Market Northwest 6.50 Core Factor -- 500 Op Exp/SF $7.59 (651) 251-8621 -- This is an opportunity to lease Class B office space in New Brighton. The main floor space has 1,546 square feet at a rate of $11.00 NNN, consisting of 4 private offices and 3 open workspaces. The location just off 35W at County Road D has heavy traffic counts and is visible from 35W. The owner is a financial advisor and is willing to make referrals. The space is perfect for an attorney, CPA, insurance agent, sales agent, branch office, etc. For Lease Main Street Village-Bldg 580 / 580 5th Ave NW New Brighton, MN 55112 General Use Office Bldg Size 12,324 Yr Built 2001 Market Northwest Class -- # Floors 1 Parking 4.94 Core Factor -- Available 1,784 Max Contiguous 627 Min Divisible 530 Op Exp/SF $10.56 Rate $16.00 NNN Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 For Lease New Brighton Village Center / 919 5th Ave NW New Brighton, MN 55112 General Use Office Bldg Size 19,605 Yr Built -- Market Northwest Class B # Floors 1 Parking -- Core Factor -- Available -- Max Contiguous -- Min Divisible -- Op Exp/SF $4.11 Rate Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 Single Story buildings situated in a campus setting. The buildings create an old town feel with extensive landscaping and aesthetic appeal. The area has a friendly atmosphere with many amenities. For Lease Long Lake Executive Center / 900 Long Lake Rd New Brighton, MN 55112 General Use Office Bldg Size 68,066 Yr Built 1989 Market Northwest Class A # Floors 3 Parking 4.04 Core Factor % Available 6,101 Max Contiguous 6,101 Min Divisible 3,000 Op Exp/SF $5.85 Rate $7.00 - $8.00 Net Direct/Sub SubLease Gerald Driessen (612) 336-4310 Joseph Hughes (612) 336-4293 Sublease: 1st floor 6,101rsf. Divisible. Corner windows. Existing buildout. Potential longer term. Expires 4/30/10. Opus construction. Benedictine Health System/Essentia Health System is the sublessor. Private offices on the north windows. Open area on the east windown. Built in reception on the main building lobby. Nice conference room. Breakroom with sink, dishwasher, and cabinetry. For Lease Long Lake Executive Center / 900 Long Lake Rd New Brighton, MN 55112 General Use Office Bldg Size 68,066 Yr Built 1989 Market Northwest Class A # Floors 3 Parking 4.04 Core Factor % Available 29,998 Max Contiguous 10,709 Min Divisible 811 Op Exp/SF $10.28 Rate $12.00 NNN Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 Exceptional class A building with New Ownership and Management. Choose from multiple corner offices and executive suites with spectacular views of Long Lake. Currently, building common areas are undergoing renovation to include: redesigned atrium, ADA compliant restrooms, WiFi for clients in atrium and security card access for after hours operation. For Lease 500-550 Main St / 500-550 Main St New Brighton, MN 55112 General Use Office Bldg Size 37,996 Yr Built 2000 Market Class A # Floors 2 Parking 2.89 Core Factor Available 8,424 Max Contiguous 5,193 Min Divisible 750 Op Exp/SF Rate $13.50 Net Direct/Sub Direct Mike Brass (952) 837-3054 Caleb Krienke Page 2 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm Northwest -- $5.06 (952) 837-3018 Convenient location. FREE Rent packages available! For Lease 525 Main St / 525 Main St New Brighton, MN 55112 General Use Office Bldg Size 6,813 Yr Built -- Market Northwest Class B # Floors 1 Parking -- Core Factor -- Available 4,383 Max Contiguous 4,383 Min Divisible 1,461 Op Exp/SF $6.54 Rate $16.50 NNN Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 Return to Top Pages:12 CDX Direct Copyright 2008 Xceligent, Inc. All Rights Reserved © 2009 Minnesota Commercial Association of REALTORS® | 6800 France Ave #760, Edina, MN 55435 | Ph: 952.908.1780 | Fax: 952.908.1799 Site Map | Site Credits Page 3 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm You are currently not logged in | Activate MNCAR Member Login Site Keyword & Search Your Email: Password: Forgot Your Password? Submit Que SEARCH FOR MINNESOTA COMMERCIAL PROPERTY Search Again Search Results Select Page 11 Total Results Map Email Print Sort By Address ASC Pages:12 Results Per Page 10 For Lease Fridley Medical Center / NE of 69th Ave NE and University Ave Fridley, MN 55432 General Use Office Bldg Size 50,000 Yr Built -- Market Northwest Class -- # Floors 2 Parking -- Core Factor -- Available 20,000 Max Contiguous 20,000 Min Divisible 2,000 Op Exp/SF -- Rate $22.00 NNN Direct/Sub Direct Robert (Marty) Fisher (763) 862-2005 Rodney Lee (763) 862-2005 Medical campus on 14.13 acres featuring Medical office, Senior housing, Assisted Living and Memory Care. Multicare Associates anchor tenant. Excellent location on University Ave. Abundant parking. For Lease 7691 Central Ave NE / 7691 Central Ave NE Fridley, MN 55432 General Use Office Bldg Size 3,600 Yr Built 1977 Market Northwest Class B # Floors 2 Parking 5.00 Core Factor -- Available 1,906 Max Contiguous 956 Min Divisible 200 Op Exp/SF -- Rate $12.00 - $14.00 Gross Direct/Sub Direct Anita Johnson (612) 805-2173 -- Very reasonable LL to deal with - he likes to keep his buildings full at just under market rates - he can reconfigure space (owner is construction contractor), easy deals - available immediately - conveniently located in Fridley just off Hwy 65 - on the bus line For Lease Parkview Business Center / 250 Commerce Cir S Fridley, MN 55432 General Use Office Bldg Size 20,121 Yr Built 1987 Market Northwest Class -- # Floors 1 Parking -- Core Factor -- Available 3,756 Max Contiguous 3,756 Min Divisible 1,812 Op Exp/SF $1.89 Rate $8.50 Abs. Net Direct/Sub Direct Ryan Hoveland (763) 231-0282 -- High Class office space with a number of options. Lots of glass, can be contiguous, and each suite has its own private vestibule entrance. Very competitive rates. For Lease Hillwind Centre / 941 Hillwind Rd NE Fridley, MN 55432 General Use Office Bldg Size 30,000 Yr Built 1990 Market Class A # Floors 4 Parking 2.56 Core Factor Available 3,121 Max Contiguous 3,121 Min Divisible 1,500 Op Exp/SF Rate Negotiable Gross Direct/Sub SubLease Dan Wicker (952) 893-8254 Tom Sampair Home MNCAR Association MNCAR Exchange Join Events Resources Sponsors Greater MN Contact Us Page 1 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm Northwest -- -- (952) 893-8283 Term expires September 30, 2011 For Lease Time to Travel Building / 203 Mississippi St Fridley, MN 55432 General Use Office Bldg Size 2,000 Yr Built -- Market Northwest Class A # Floors 2 Parking -- Core Factor -- Available 1,918 Max Contiguous 1,918 Min Divisible 1,918 Op Exp/SF $0.90 Rate $12.00 NNN Direct/Sub Direct Robert (Marty) Fisher (763) 862-2005 -- Built out office space. Former dentist space. Nice glass line. Great visibility and traffic. Ample parking. For Sale IMF Building / 1109 Moore Lake Dr E Fridley, MN 55432 General Use Office Bldg Size 3,022 Yr Built 1998 Market Northwest Class A # Floors 1 Parking 4.63 Tenancy Single-Tenant Available 3,022 Vacant -- Sale Type Owner/User Price $545,000 Price/SF $180.34 Chet Masserano (763) 593-9333 -- This immaculate "Move-In Condition" all brick property includes six private offices, breakroom, large executive board room, beautiful, large lobby reception area, open work area plus an additional 3,022 sqare feet of lower level storage space. The executive office has a gas fireplace, private restroom w/shower and separate exit. Great building! This exceptional property is located just north of I-694 off of Highway 65/Central Ave. (just northeast across Moore Lake from Medtronic Headquarters). Neighbor amenities include: Lifetime Fitness (across street), numerous restaurants and retail s For Lease Moore Lake Plaza / 1202-1298 Moore Lake Dr E Fridley, MN 55432 General Use Office Bldg Size 55,979 Yr Built 1989 Market Northwest Class B # Floors 1 Parking 4.96 Core Factor -- Available 22,362 Max Contiguous 5,486 Min Divisible 400 Op Exp/SF $5.53 Rate $8.00 - $12.00 Direct/Sub Direct Becky Cederstrom (952) 445-5360 -- Newly decorated office space. many windows. Move in condition. For Sale 1011 Osborne Rd NE / 1011 Osborne Rd NE Fridley, MN 55432 General Use Office Bldg Size 7,500 Yr Built 2003 Market Northwest Class B # Floors 1 Parking 8.66 Tenancy Multi-Tenant Available 7,500 Vacant -- Sale Type Owner/User Price $950,000 Price/SF $126.67 Aaron Barnard (952) 465-3372 -- For Lease 7260 University Ave NE / 7260 University Ave NE Fridley, MN 55432 General Use Office Bldg Size 19,170 Yr Built 1980 Market Northwest Class B # Floors 3 Parking 4.17 Core Factor -- Available 598 Max Contiguous 598 Min Divisible 598 Op Exp/SF $5.70 Rate $17.00 Gross Direct/Sub Direct Steve Anderson (651) 633-1166 -- Page 2 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm For Lease Commerce Park / 7362 University Ave NE Fridley, MN 55432 General Use Office Bldg Size 26,110 Yr Built 1975 Market Northwest Class B # Floors 3 Parking 3.82 Core Factor -- Available 3,095 Max Contiguous 2,302 Min Divisible 793 Op Exp/SF -- Rate $16.00 - $16.00 Gross Direct/Sub Direct Barbara Ankrum (651) 482-9668 -- Excellent office opportunity. Conveniently right off University Avenue and North of 73rd Street. Signage on University Avenue. Building conference room. Wired for high speed cable and other options. Abundant parking. Return to Top Pages:12 CDX Direct Copyright 2008 Xceligent, Inc. All Rights Reserved © 2009 Minnesota Commercial Association of REALTORS® | 6800 France Ave #760, Edina, MN 55435 | Ph: 952.908.1780 | Fax: 952.908.1799 Site Map | Site Credits Page 3 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm You are currently not logged in | Activate MNCAR Member Login Site Keyword & Search Your Email: Password: Forgot Your Password? Submit Que SEARCH FOR MINNESOTA COMMERCIAL PROPERTY Search Again Search Results Select Page 12 Total Results - - Select a Report - - Map Email Print Sort By Address ASC Pages:12 Results Per Page 10 For Lease Northpark Corporate Center - 1200 Bldg / 1200 Co Rd E W Arden Hills, MN 55112 General Use Office Bldg Size 24,000 Yr Built 1986 Market Northeast Class B # Floors 3 Parking 4.16 Core Factor -- Available 24,000 Max Contiguous 24,000 Min Divisible 24,000 Op Exp/SF $6.39 Rate $12.00 - $13.00 Net Direct/Sub Direct Michael Salmen (612) 359-1660 Michael Honsa (612) 359-1631 For more information contact Mike Honsa at 612.359.1631 - Convenient access to I-694 - Located near Rosedale Mall and surrounding area - Vended lunch rooms - Building conference rooms - Beautiful park setting For Lease Northpark Corporate Center - 1210 Bldg / 1210 Co Rd E Arden Hills, MN 55112 General Use Office Bldg Size 25,014 Yr Built 1984 Market Northeast Class B # Floors 1 Parking 4.19 Core Factor -- Available 24,000 Max Contiguous 24,000 Min Divisible 5,000 Op Exp/SF $6.39 Rate $12.00 - $13.00 Net Direct/Sub Direct Michael Salmen (612) 359-1660 Michael Honsa (612) 359-1631 For more information contact Mike Honsa at 612.359.1631 - Convenient access to I-694 - Located near Rosedale Mall and surrounding retail area - Vended lunch rooms - Building conference rooms - Beautiful park setting For Lease Traverse Business Center / NE of I-694 and I-35W Arden Hills, MN 55112 General Use Office Bldg Size 495,000 Yr Built -- Market Northeast Class A # Floors 1 Parking -- Core Factor -- Available 495,000 Max Contiguous 495,000 Min Divisible 100,000 Op Exp/SF -- Rate Negotiable Net Direct/Sub Direct Gordie Hampson (952) 465-3310 Connie Grady (612) 746-5887 Flexible Development Site able to accomodate office, tech, or medical use. Master planned PUD. All development approvals in place(environmental,traffic studies,wetlands). Existing TIF District. Excellent freeway visibility and access. For Lease Bremer Bank Building / 4061 Lexington Ave N Arden Hills, MN 55126 General Use Office Bldg Size 21,786 Yr Built Class B # Floors 2 Parking Available 4,181 Max Contiguous 4,181 Min Divisible Rate $8.00 - $9.00 Net Direct/Sub Direct Sherry Hastings Home MNCAR Association MNCAR Exchange Join Events Resources Sponsors Greater MN Contact Us Page 1 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm 1979 Market Northeast 4.08 Core Factor -- 200 Op Exp/SF $5.32 (952) 829-3468 Dean Williamson (952) 829-3472 Easy access to I-694. Great visibility. Close proximity to downtown St. Paul. On-site bank and ATM. Ample free parking. Located near restaurants, hotels, shopping facilities. Natural wooded setting. For Lease Arden Woods Office Building / 4105 Lexington Ave N Arden Hills, MN 55126 General Use Office Bldg Size 68,873 Yr Built 1980 Market Northeast Class B # Floors 3 Parking 4.07 Core Factor -- Available 57,000 Max Contiguous 57,000 Min Divisible 3,000 Op Exp/SF -- Rate $19.00 Gross Direct/Sub Direct Chris Rohrer (612) 217-5120 Pete Kostroski (612) 217-5123 For Lease Lexington Corporate Campus / 4255-4295 Lexington Ave N Arden Hills, MN 55126 General Use Office Bldg Size 165,211 Yr Built 1995 Market Northeast Class B # Floors 1 Parking 4.00 Core Factor -- Available 33,000 Max Contiguous 33,000 Min Divisible 10,000 Op Exp/SF -- Rate Negotiable Direct/Sub SubLease John Nigon (612) 217-5137 -- For Lease Northwoods Office Building / 3900 Northwoods Dr Arden Hills, MN 55112 General Use Office Bldg Size 73,521 Yr Built 1986 Market Northeast Class A # Floors 3 Parking 4.00 Core Factor -- Available 8,241 Max Contiguous 6,342 Min Divisible 1,000 Op Exp/SF $6.81 Rate $14.00 - $15.00 Net Direct/Sub Direct Tom Stella (651) 734-2383 -- Premier Class A office building with two-story atrium. Recently renovated common areas. Amenities include underground parking, common conference room and vending area. For Lease Northwoods Drive Building / 3920 Northwoods Dr Arden Hills, MN 55112 General Use Office Bldg Size 20,100 Yr Built 1988 Market Northeast Class B # Floors 1 Parking 5.02 Core Factor -- Available 20,100 Max Contiguous 20,100 Min Divisible 5,000 Op Exp/SF $5.41 Rate $12.00 - $14.00 NNN Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 For Lease 2 Pine Tree Dr / 2 Pine Tree Dr Arden Hills, MN 55112 General Use Office Bldg Size 207,548 Yr Built 1980 Market Northeast Class B # Floors 5 Parking -- Core Factor -- Available 10,000 Max Contiguous 10,000 Min Divisible 5,000 Op Exp/SF $6.00 Rate $8.00 NNN Direct/Sub Direct Tom Stella (651) 734-2383 Bob Revoir (952) 893-7586 Page 2 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm Open floor plan located on the main level. Building cafeteria and conference room. Modular furniture available for use. For Lease Northpark Corporate Center 6 / 6 Pine Tree Dr Arden Hills, MN 55112 General Use Office Bldg Size 48,465 Yr Built 1984 Market Northeast Class B # Floors 3 Parking 4.30 Core Factor -- Available 20,326 Max Contiguous 5,237 Min Divisible 680 Op Exp/SF $6.35 Rate $13.00 Net Direct/Sub Direct Michael Salmen (612) 359-1660 Michael Honsa (612) 359-1631 For more information contact Mike Honsa at 612.359.1631 - Convenient access to I-694 - Located near Rosedale Mall and surrounding retail area - Vended lunch rooms - Building conference rooms - Beautiful park setting Return to Top Pages:12 CDX Direct Copyright 2008 Xceligent, Inc. All Rights Reserved © 2009 Minnesota Commercial Association of REALTORS® | 6800 France Ave #760, Edina, MN 55435 | Ph: 952.908.1780 | Fax: 952.908.1799 Site Map | Site Credits Page 3 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm You are currently not logged in | Activate MNCAR Member Login Site Keyword & Search Your Email: Password: Forgot Your Password? Submit Que SEARCH FOR MINNESOTA COMMERCIAL PROPERTY Search Again Search Results Select Page 15 Total Results Map Email Print Sort By Address ASC Pages:12 Results Per Page 10 For Sale 1080 Co Rd E W / 1080 Co Rd E W Shoreview, MN 55126 General Use Office Bldg Size 10,000 Yr Built 1979 Market Northeast Class B # Floors 2 Parking -- Tenancy Multi-Tenant Available 7,590 Vacant -- Sale Type Inv. or Owner/User Price $825,000 Price/SF $108.70 Alan Hamel (763) 784-2877 -- Small, economical 2 story office building. Great shoreview location near corner of Lexington Avenue and County Rd E. Ample, convenient parking with high visibility and accessibility. Wonderful signage opportunities. For Lease 1080 Co Rd E W / 1080 Co Rd E W Shoreview, MN 55126 General Use Office Bldg Size 10,000 Yr Built 1979 Market Northeast Class B # Floors 2 Parking -- Core Factor -- Available 400 Max Contiguous 400 Min Divisible 400 Op Exp/SF -- Rate $9.50 Net Direct/Sub Direct Alan Hamel (763) 784-2877 -- Economical professional building in highly desirable Lexington Avenue/County Road E location; high traffic count; very visible - easy to find buidings. Suites to be remodeled for new tenant; exterior signage available. For Lease 1080 Co Rd E W / 1080 Co Rd E W Shoreview, MN 55126 General Use Office Bldg Size 10,000 Yr Built 1979 Market Northeast Class B # Floors 2 Parking -- Core Factor -- Available 2,148 Max Contiguous 2,148 Min Divisible 700 Op Exp/SF -- Rate $8.50 Net Direct/Sub SubLease Alan Hamel (763) 784-2877 -- Recently remodeled suite. Most office furniture available as part of lease. Highly desirable Lexington Ave/Cty Road E corner. Signage available on exterior ground sign. Convenient parking and easy to find location. 1 to 4 year lease term. For Lease Shoreview Corporate Center / 1005 Gramsie Rd Shoreview, MN 55126 General Use Office Bldg Size 159,710 Yr Built 1981 Market Class B # Floors 2 Parking 4.40 Core Factor Available 159,710 Max Contiguous 159,710 Min Divisible 10,000 Op Exp/SF Rate $13.00 - $16.00 Net Direct/Sub Direct Chris Gliedman (612) 336-4311 Michael Marinovich Home MNCAR Association MNCAR Exchange Join Events Resources Sponsors Greater MN Contact Us Page 1 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm Northeast -- $4.10 (612) 336-4313 Class A Corporate HQ campus facility with great access to I-694. The project offers abundant parking and a strong tech infrastructure including fiber optics. For Lease Bridge Court / 4535 Hodgson Rd Shoreview, MN 55126 General Use Office Bldg Size 14,666 Yr Built 1998 Market Northeast Class B # Floors 1 Parking 4.70 Core Factor -- Available 6,489 Max Contiguous 6,489 Min Divisible 1,000 Op Exp/SF -- Rate $14.00 Net Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 For Lease Harbor Place Office Village / 470-520 Hwy 96 W Shoreview, MN 55126 General Use Office Bldg Size 42,560 Yr Built 1996 Market Northeast Class B # Floors 2 Parking 1.05 Core Factor -- Available 5,933 Max Contiguous 2,742 Min Divisible 660 Op Exp/SF $8.23 Rate $13.50 - $14.00 NNN Direct/Sub Direct Jeff Nordness (651) 482-1871 Richard Bennett (651) 482-1871 For Sale 3450 Lexington Ave N / 3450 Lexington Ave N Shoreview, MN 55126 General Use Office Bldg Size 13,000 Yr Built 1988 Market Northeast Class B # Floors 2 Parking 3.00 Tenancy Multi-Tenant Available 13,000 Vacant -- Sale Type Inv. or Owner/User Price $995,000 Price/SF $76.54 Gerald Driessen (612) 336-4310 Joseph Hughes (612) 336-4293 13,000 s.f. office building in Shoreview. Brick exterior. Ample parking. Near retail/ parks. Exterior surveillance camaras. Great owner user building. 2 floors. Constructed in 1988. Top floor owner moving out. First floor tenants will move out. www.cbre.com/3450lexington For Lease 3450 Lexington Ave N / 3450 Lexington Ave N Shoreview, MN 55126 General Use Office Bldg Size 13,000 Yr Built 1988 Market Northeast Class B # Floors 2 Parking 3.00 Core Factor -- Available 13,000 Max Contiguous 13,000 Min Divisible 6,000 Op Exp/SF -- Rate Negotiable Net Direct/Sub Direct Joseph Hughes (612) 336-4293 -- For Lease 3530 Lexington Ave N / 3530 Lexington Ave N Shoreview, MN 55126 General Use Office Bldg Size 32,800 Yr Built 1981 Market Northeast Class B # Floors 3 Parking 3.99 Core Factor -- Available 5,021 Max Contiguous 5,021 Min Divisible 1,895 Op Exp/SF $4.50 Rate $10.00 Net Direct/Sub Direct Sherman Malkerson (952) 525-1635 -- First floor; at building entrance; good windows. Page 2 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm For Lease 3550 Lexington Ave N / 3550 Lexington Ave N Shoreview, MN 55126 General Use Office Bldg Size 28,000 Yr Built 1979 Market Northeast Class B # Floors 3 Parking 4.78 Core Factor -- Available 7,300 Max Contiguous 4,500 Min Divisible 600 Op Exp/SF $4.00 Rate $6.00 - $11.00 Net Direct/Sub Direct John Mannillo (651) 292-8306 -- Call Don Womack at 651-292-4922. Intimate wooded setting. Monument signage. Excellent access and visibility to Lexington Ave. Ample parking. Multi zoned temperature controls. Access card system. Owner managed. Return to Top Pages:12 CDX Direct Copyright 2008 Xceligent, Inc. All Rights Reserved © 2009 Minnesota Commercial Association of REALTORS® | 6800 France Ave #760, Edina, MN 55435 | Ph: 952.908.1780 | Fax: 952.908.1799 Site Map | Site Credits Page 3 of 3Search for Minnesota Commercial Property | Sale, Lease, Rent | Commercial Real Estate ... 12/2/2009http://www.mncar.org/propertysearch.htm