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HomeMy WebLinkAboutRES 80-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE WITH PHIL LaMERE FOR OFFICE SPACE Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII ionas Box: 23 Folder: RES 1980 Document: RES 80-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE WITH PHIL LaMERE FOR OFFICE SPACE RESOLUTION 80-011 A RESOLUTION AUTHORIZING THE MAYOR AND • CITY MANAGER TO EXECUTE THE LEASE WITH PHIL LaMERE FOR OFFICE SPACE. ® . BE IT RESOLVED that the Mayor and the City Manager are authorized to execute the lease with Phil LaMere for office space in the building at 2900 Kenzie Terrace. Adopted this 22nd day of January, 1980. Mayor - ATTEST: -1 City Clerk Reviewed for Administration: • Cit anager s � i a L� OFFICE SPACE LEASE • THIS AGREEMENT, made this day of , 19 ® , by and between the CITY OF ST. ANTHONY, a municipal corporation under _ the laws of the State of Minnesota, (hereinafter called "Landlord") and PHIL LaMERE, d/b/a/ NORTHGATE STYLISTS, a sole proprietorship, (hereinafter called "Tenant") , WITNESSETH: That the Landlord, in consideration of the rents and covenants here- inafter mentioned, does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the fol- lowing described premises located in the County of Hennepin and State of Minnesota, viz : That portion of the premises located at 2900 Kenzie Terrace con- sisting of approximately *1 , 440 square feet, in accordance with Exhibit A attached and made a part hereof. TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obli- gation on the part of said Landlord of making any alterations, im- provements or repairs of any kind on or about the said premises save as provided herein, for the term of fifteen months commencing February 1, 1980, for the following purposes only to-wit: Offices for a barber shop and uses permitted under the zoning ordinances of • the City of St. -Anthony in the "C". General Commercial Business, Dis- trict, except. those deemed by the Landlord .to conflict with the municipal liquor operation. ARTICLE 1. RENT. Tenant shall pay to Landlord as rent for !eased premises the sum of Five Thousand Two -Hundred Dollars ($5, 200. 00) in monthly payments of Three Hundred Forty and No/100 Dollars ($340. 00) , payable on the first day of each month from February 1, 1980 through December 31, 1980, and in monthly. payments of Three Hundred Sixty Five and No/100 Dollars ($365. 00) , payable in advance on the first day of each month from January 1, 1981 through April 1, 1981, said payments to be made to the City of St. Anthony, 3301 Silver Lake .Road, Minneapolis, Minnesota 55418 , or at such other place as Landlord may hereafter designate in writing. ARTICLE 2 . POSSESSION: TERM: RENT. The term -of this Lease shall be fifteen (15) months commencing on February 1, 1980, and terminating on April 30, 1981. Landlord shall have no responsi- bility or liability for loss or damage to Fixtures , facilities or equipment installed or left on the premises, unless caused by the negligence of Landlord, its agent or employee. ARTICLE- 3 . UTILITIES AND SERVICES. Landlord agrees to furnish heat, water, sewer service, and electricity in reasonable amounts, • trash pick-up, and snow plowing, but Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services due to any cause beyond its reasonable control; and no temporary interruption of failure of such services, incident to the making of repairs, alterations or improve- -2- � I ments or due to accidents or strikes, or conditions or events not • under Landlord' s.' control shall be- deemed as an- eviction of the Tenant 'or relieve the Tenant from any of the Tenant' s obligations hereunder. The Tenant shall pay $65 . 00 per month for all named utilities- for the period February 1, 1980 through December 31, 1980 . The charge shall be $70. 00 per month for- the period January 1, 1981 through April 30, 1981.- ARTICLE 981:ARTICLE 4 . NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant or those claiming through or under Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any damage for failure to furnish services or utilities, the necessity for repairs or improvements to such services, fire, explosion, strikes, or -any causes beyond Landlord' s reasonable control; nor shall Landlord be liable for personal injuries, :death, or any damage from any cause about the leased premises or the building within same are located, including the parking area, and without limiting the generality of the foregoing, any personal injuries, death or damage- resulting from the use or escape of gas, -water, steam, elect- ricity, - air-conditioning or. other agency, or -due to fire, explosion or action of the elements, unless caused by the. negligence of Land- lord, its agents or employees. Tenant agrees to place and maintain throughout the term hereof at its sole expense, such. fire and other casualty insurance as its interests may appear in Tenant's reasonable discretion. . Tenant further- agrees to- place and maintain throughout the term hereof, comprehensive general liability insurance covering the leased premises and providing insurance coverage with minimum • amounts of liability for bodily injury to one person in the amount of Five Hundred Thousand Dollars ($500, 000. 00) and for bodily injury to any group of persons in the amount of Five Hundred Thousand Dollars ($500,000.. 00) and for property damage in the amount of One Hundred Thousand Dollars ($100, 000. 00) . Landlord and Tenant each expressly waive any right of recovery against each other for any losses caused by or resulting from any acts of negligence or carelessness or alleged acts of negligence or carelessness or either party, their agents or- employees, to the extent that such losses might arise from fire or any other peril covered by any policy of insurance. ARTICLE 5. CARE OF PREMISES. Tenant agrees: 1). to keep the leased premises in as good condition and repair as they were in at the time Tenant took possession of .same; reasonable wear and tear and .damage from the fire 'and other casualty, for which insurance is normally procured, excepted; 2) to -keep- the leased premises in a clean and sanitary condition; 3) not .to. commit any nuisance or waste on the leased premises, throw foreign substances in plumbing faci- lities, or waste any of the -utilities furnished by- Landlord; 4) if Tenant shall fail to keep and preserve these premises in the state of condition required by the provisions of this Article, the Landlord may, at its option, put or cause the same to be put into the condi- tion and state of repair agreed upon, and in such case, the Tenant, on demand, shall pay the cost thereof; 5) Tenant agrees to deposit and maintain with Landlord a security deposit in the .amount of Four • Hundred Five Dollars ($405 . 00) , the .last month ' s rent; 6) Tenant agrees to abide by such Rules and Regulations as may be reasonably promulgated by Landlord. Tenant shall erect no signs on the leased premises without the prior written permission of Landlord. Landlord shall be .responsible for the maintenance and repair of structural members, walls, footings and the-roof of the building of which the leased premises are a part, subject, however, to the provisions of Article 11. Tenant shall b'e responsible for all other mainte4- ance, .repair and replacement necessary for use of the .leased pre- mises; the Landlord shall be responsible for maintenance of the parking area, including snow plowing, and for an adequate level of security lighting. ARTICLE 6 : UNLAWFUL USE. Tenant agrees not to commit or permit any act to be performedcon .the- premises or any omission to occur -which will be in violation 'of -any statute, regulation or or- dinance -of any governmental body or which will increase the insurance rates on the building or which will be in violation of any insurance policy carried on the permises by the Landlord. The Tenant shall not disturb other occupants. of .the building by making any undue or unseemly noise or otherwise., - and . shall not do or permit to be done in .or about. the leased .premises anything which will be danger- ous to. life, limb or- property. ARTICLE 7 . INSPECTION AND REPAIRS. The Landlord or its employees or agents shall have the right to enter the premises at all reason- able times, for the purpose of inspection, - cleaning*, repairing, alter- ing. or improving the same or said building, but nothing contained in this lease. shall be construed so as to impose .any obligation on the Landlord to make any repairs, alterations or improvements. • ARTICLE -8.. ALTERATIONS. Tenant will not make any alteration, additions, or- improvements in or to the leased premises or add, dis- turb or in any way change any- plumbing or wiring- therein without the prior- written consent of- the Landlord as .to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the persons to do. the work. In the event that such prior written consent is granted,- Tenant agrees to make such alterations, additions or improvements at its own .sole expense, and warrants to Landlord that all such alterations, additions, or im- provements shall be -in strict compliance with all relevant laws, ordinances, governmental regulations and insurance requirements. - The Tenant shall be responsible for the purchase .and installation of any .additional air-conditioning units, other than those provided as of January- 1, 1980, the cost of changing the combination on the vault, the cost of purchasing and installing -any new locks, any improvements to the landscaping of the building .and the- installation of carpeting and drapes, if desired. ARTICLE 9. COMMON AREAS_. Tenant agrees that .the use of all halls, passageways and toilet rooms :in said building, - by the .Tenant or Tenant' s servants, employees, guests and _invitees, .shall be sub- ject to such rules and regulations as may from time to time be made by Landlord for the safety, comfort- and convenience of the owners, occupants and tenants of said building; and Tenant agrees that no • awnings or shades shall beused .upon the leased premises. except such as may be approved or furnished by Landlord. Landlord agrees to provide parking for Tenant, its employees and invitees in common with other tenants, their employees and invitees. . Landlord may, at its option, set aside a parking area to be used by Tenant and its employees, • which- area shall thereafter be used by Tenant and its employees to the exclusion of other areas. ARTICLE 10. ASSIGNMENT OR SUBLETTING. Tenant agrees to use and occupy the leased premises throughout the entire term hereof for thepurpose or purposes herein specified, and for no other pur- poses, in the manner and to substantially the extent now intended, and .not to assign this Lease or sublet said -premises, or any part thereof, whether by voluntary act, operation of :law, or otherwise, without obtaining the prior written consent of Landlord in each instance; Tenant shall seek such written consent by a written re- quest therefor, setting. for-th such information as .Landlord may desire. Landlord agrees no.t. to withhold consent unreasonably. In . the event that a bona• fide . sub-tenant or assignee is proposed to Landlord by Tenant, and Landlord cannot reasonably withhold consent to such proposed sub-tenancy or assignment, Landlord shall have the right, at Landlord' s sole discretion, to terminate this lease upon thirty- (30) days written notice to Tenant in lieu of consenting to - such--proposed sub-tenancy or' assignment. Consent -by Landlord to one .assignment of this Lease or to one subletting of. the leased premises shall not be a waiver of Landlord' s rights under this Article as to.. .any subsequent assignment or subletting. Landlord' s rights to. as*sign •this Lease are and shall remain unqualified. ARTICLE -11. - DAMAGE. BY, FIRE OR OTHER. 'CASUALTY. If fire or other casualty shall render the leased prc-mis(as . untenantable, this Lease • shall =terminate forthwith, and any- prepayments of rent shall be re- funded by. the Landlord-,pro-rata; - 'p'rovided, .however, that if the premises can be. repaired within ninety (9.0) days from the date of such event, then at - Landlord' s -option - by notice in. writing to Tenant mailed within thirty (30) days after such damage or destruction, this Lease shall remain in full force and. effect, but the rent for the period during which the premises are untenantable shall be discounted pro-rata. ARTICLE 12. EMINENT DOMAIN. If such a portion -.of .the leased premises are. taken by any -public - authority under the power of eminent domainas to render the remaining ..portion unsuitablefor the purposes intended :hereunder, then .the term .of• .this Lease shall .cease as of the -.day . possession shall be =taken by such public authority, and Landlord shall make a .pro-rata refund .of any rent- that- may have been paid .in ,advance. All damages= .awarded for such taking under the power of eminent -domain shall .belong to and be the property of Landlord, irrespective of the basis upon which they are awarded. ARTICLE .13. SURRENDER. On the last day of the term of this Lease--or on -the sooner termination thereof, Tenant shall peaceably surrender the leased premises ._in .good condition and. repair consis- tent with Tenant' s duty to make repairs as provided in Article 5 hereof. On or _before the last day of the term of the lease or the soonertermination thereof, Tenant shall at its expense remove all • of its equipment- from the leased .premises, and any property not re- moved. shall be deemed abandoned. Tenant shall reimburse Landlord forany expenses incurred by Landlord with respect to removal or storage- of abandoned property. All alterations, additions and fixtures., other- than Tenant' s equipment, which have -been made or -5- 'installed- by either Landlord. or .Tenant upon the leased premises • shall remain as Landlord' s property and shall be surrendered with the leased premises as a part thereof. If the leased -premises be not surrendered at the end of the term or sooner termination theeeof, Tenant shall indemnify Landlord against loss or liability resulting from- delay by Tenant in so surrendering the premises, including, without limitation, claims. made by any succeeding tenant founded on such delay, and . attorneys- fees. Tenant shall promptly surrender all keys for the leased .premises to Landlord at the place then fixed for payment of rent. and shall .inform Landlord of combinations on any locks and .safes. on the leased. premises. ARTICLE 14. NON-PAYMENT OF . RENT: DEFAULTS. If .any one or more ofthe following. occurs, 1) a -rent payment from Tenant to Landlord shall be and .remain unpaid in whole or in part for more than fifteen (15) days after notice from the Landlord; 2) Tenant shall violate .or default any of the other covenants, agreements, stipulations, or -conditions herein, -and .such violation or default shall continue for a period of ,ten (10) days after written notice . from Landlord of such violation or default; or 3) if Tenant shall be -adjudged. bankrupt or file a petition- in bankruptcy or otherwise indicates insolvency or becomes insolvent; then it shall be optional- for' Landlord to. declare this Lease forfeited and the said term ended, and to re-enter said premises, with or without process of law, using such force as may be necessary to remove all persons or chattels, therefrom, and .Landlord shall not be liablefor damage ,by reason of • such re-entry or forfeiture; but notwithstanding re-.entry by Landlord or forfeiture or termination of this Lease, the liability of Tenant for the rent provided for herein shall not be relinquished or ex- tinguished for the balance of the .term of this Lease. Tenant will pay, in .addition to .the rentals and other sums agreed to be paid hereunder., such additional sums as the court. may adjudicate reason- able. as attorney' s fees in any suit or action instituted by Landlord to enforce the provisions of this Lease, or the collection of the rentals due. Landlord hereunder. ARTICLE 15 .' , HOLDING OVER. In the event Tenant remains in possession of the premises herein leased after the expiration of this Lease and without the execution of a new lease, it shall be deemed. to be occupying said premises as a tenant from month to month, subject to all the conditions, provisions, and obligations of this Lease insofar as the same can be applicable to a month-to- month tenancy. ARTICLE 16 . COVENANTS TO HOLD HARMLESS. Except in the case of negligence of Landlord,. its- agents or employees, Tenant agrees to hold Landlord harmless for any liability for damages to any per- son or property in or about the leased premises. All property kept, stored, or maintained- in the leased premises shall be so kept, stored or maintained at the sole risk of Tenant. Tenant agrees to ' pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished • to Tenant in or about the leased premises which may be secured by any mechanic' s, materialmen' s or other lien against the leased premises - or the Landlord' s interest therein and will cause each such lien to be discharged- at the time performance of any obliga- tion secured thereby matures, provided that Tenant may, upon -6- top depositing and -maintaining with Landlord a sum reasonably satisfactory to Landlord to protect Landlord's interest in the leased premises from such lien, contest such lien, but if such lien. is reduced to final judgment or process thereon is not stayed, or if- stayed an( said stay expires, then and each such event Tenant shall forwith pay and discharge said judgment. Landlord shall have the right . to post and maintain on the leased premises, notices of non-responsi- bility under the laws of Minnesota. ARTICLE 17. SUBORDINATION. Tenant agrees that this Lease shall be subordinate to any mortgages or trust deeds now on or here- after placed upon said premises and to any and all advances to be made thereunder-, and to .the interest thereon, and all renewals, replacements, and extensions thereof. ARTICLE 18. GENERAL. This Lease does not create the relation- ship of principal and agent or of partnership- or of joint venture or of any association between Landlord and, Tenant, the sole relation- ship between Landlord and Tenant being that of landlord and tenant. .No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on -account of such de- fault if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an Agreement - in writing, signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. Any notice required to be served in writing hereunder shall -be- mailed to the parties at the addresses set out after their respective signatures. Any and all indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease which remains unpaid for a period of thirty (30) days after it first becomes due and payable shall bear .interest from and after the lapse of such thirty (30) day period ,at the rate of eight percent (80) per annum. This Lease shall not be effective until executed by all parties hereto. ARTICLE 19. LEASE EXTENSION. This Lease shall automatically be renewed on a month-by-month .basis after April 30 , 1981, unless either party gives a written sixty (60) day notice of termination, to be effective on or after May 1, 1981. Said .lease extension is to be at a rent and .utility fee to be established. The Tenant hereby acknowledges that the present rent payment level recognizes the amortization of the Tenant.'s investment in .remodeling and that such investment is considered fully amortized by April 30 , 1981. ARTICLE 20. OTHER PROVISIONS-. Attached as Exhibit A hereto and made a part hereof are Supplemental Provisions to this Lease relating to the following topic or topics : Diagram of leased space. M! IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written. For: CITY OF ST. ANTHONY BY Date Its May0yr And ?Y� Date I City Manager For: PHIL LaMERE d/b/a NORTHGATE STYLISTS By Date Its