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HomeMy WebLinkAboutRES 81-030 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH RADIX PRODUCT DEVELOPMENT, INC. FOR RENATL AT 2800 KENZIE TERRACE Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102671 BOX: 23 Folder: RES 1981 Document: RES 81-030 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH RADIX PRODUCT DEVELOPMENT, INC. FOR. RENATL AT 2800 KENZIE TERRACE 1 • RESOLUTION 81-030 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH RADIX PRODUCT DEVELOPMENT, INC. FOR RENTAL AT 2800 . KENZIE TERRACE BE IT RESOLVED,- that the Mayor and City Manager are authorized to execute the Office Space Lease with Radix Product Development, Inc. for rental at 2800 Kenzie Terrace on behalf of the City of St. Anthony. Adopted this $ day of 1981. Mayor ATTEST: City Clerk Reviewed for administration: �• City anager • OFFICE SPACE LEASE THIS AGREEMENT, made this -5� day of , 1.9 g , • by and between the CITY OF ST. ANTHONY, a mu i.cipal corporation under the laws of the State of Minnesota Chereinafter called "Landlord"). and .RADIX PRODUCT DEVELOPMENT, INC. , (hereinafter called "Tenant") , WITNESSETH: That .the Landlord, in consideration of. the rents and .convenants here- inafter mentioned, does hereby Demise, Lease and Let unto the Tenant, and the Tenant does. hereby hire and.- take from the Landlord the follow- ing described premises located in the County of Hennepin and State of Minnesota, viz : That portion of the premises located at . 2800 Kenzie Terrace consisting of approximately . 835 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 obliga- tion on the part of said Landlord of making .any. alterations, improve- ments or repairs of any kind on or about the said premises save as provided herein, .for the term of twenty (_20) months commencing May 1 , 1981, unless terminated at an. earlier .date as hereinafter provided, for the following purposes only to-wit: Offices for a .micro-computer and control systems designer and uses. permitted under the zoning ordin- ances of the City of St. Anthony in the "C" General Commercial Business District, except those deemed by, the Landlord to conflict with the • municipal liquor operation. ARTICLE 1. RENT. Tenant shall pay to Landlord as rent for leased premises the sum of Five Thousand. Five Hundred and Four Dollars ($5 ,504.00)_ in monthly payments of Two" Hundred Forty-four Dollars . (_$244. 001 payable on the first day of each month from May 1, 1981, to December 31, 1981, and Two Hundred Ninety-Six Dollars (.$296 . 00) payable on the first day of each month from January 1, 1982 to .December 31, 1982 , 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 twenty (20) months commencing on May . 1, 1981 , and terminat- ing on December 31, 1982 , unless terminated at an earlier date as here- inafter provided. Landlord shall have .no responsibility 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- 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,:$55.00 per month .for all named utilities for the period May 1, 1981 through December 31, 1981.. The charge-shall be $63. 00 -per month for the period January 1, 1982 through December 31, 1982 . J ARTICLE 4. NON-LIABILITY OF LANDLORD. Landlordshall 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, in�uries,, 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. F.ive Hundred Thousand Dollars ($500 ,000 .00). .and for property damage in the amount, of One Hundred Thousand Dollars ($100,000. 0,0)_ . . 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 facilities, 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 condition 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 Three Hundred Fifty-nine ($359 . 00) • Dollars, to .guarantee such payment; 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 -3- • 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 be responsible -for all other mainten- 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 performed .on the- premises or any omission to occur .which will bein 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 T. 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 improvementsto be made,- the- manner of doing -the work., and the persons - to do.. the work. In the event that such prior written conseht .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 already provided, 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 be used.,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, -4- 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 the purpose 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 forth 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 Landlor.d' s. rights- under this Article as to -any subsequent assignment or subletting. Landlord' s rights to assign this Lease are and shall remain unqualified. ARTICLE 11. DAMAGE. BY, FIRE OR OTHER CASUALTY. If fire or other casualty shall render the. leased premises untenantable, this Lease • shall terminate forthwith, and any prepayments. of rent shall be re- funded by. the Landlord .pro-rata; provided, 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 domain as to render the remaining -portion unsuitable for 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.rgood 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 theterm of the lease or the sooner termination 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 for any 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 termor sooner termination- thereof, 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 of.. the following: occurs,;. l). 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 '.fr.om 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 :in-solvent; 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 .forceas may be necessary to remove all persons or chattels therefrom, and ,Landlord shall not be liable. for 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 ofnegligence 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- 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 and 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 hereafter placed .upon said premises and to any and .all advances to be made thereunder, and to the interest thereon, and- all renewals, replace- ments,. and .extensions thereof. ARTICLE 18. GENERAL. This _Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the _sole' relationship 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 default if such default persists- or is . repeated, and no; express .waiver shall affect any default other than the. .default specifiedin 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 1rovisions.• hereof=shall-be binding .upon=t_he ._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 (8%) per annum. This Lease shall not be effective until executed by all parties hereto-. ARTICLE 19 . . TERMINATION. Itis understood and acknowledged by Tenant that the leased premises are a part. of .the formercity hall of the City of St. Anthony and that the present city hall -is located in space leased_ by the City from Independent School District. No. 282 in a building known and referred to ,as the Parkview School .Building. Tenant further understands and acknowledges. that the lease between the School District and the City (hereinafter called the ."Parkview Lease") pro- vides that in the . event of substantial damage to or destruction of a. portion of the Parkview School Building, .the Parkview Lease may- be terminated under certain circumstances. If the Parkview Lease is termi- nated, the City may wish to reoccupy. the leased premises covered by this Lease. In view of the foregoing, Tenant agrees- that if the Park- view Lease is terminated by reason of fire. or other casualty, Landlord shall have the right to- terminate this Lease upon thirty (30) days • prior written notice to Tenant. -7- ARTICLE 20. OTHER PROVISIONS. , Attached as Exhibit A hereto and made apart of hereof are Supplemental Provisions to this Lease relating to -the following topic- or topics: Diagram of leased space. IN WITNESS WHEREOF, the parties hereto have executed -this Lease the day and year. first above written. For: CITY OF ST. ANTHONY By Date Itt Mayor And )r- ate ItV City Manager For: JAMES P. -BOARDSON d/b/a RADIX PRODUCT DEVELOPMENT, INC. X _ B Dat • GUARANTY OF LEASE As further inducement to the execution of the Lease to which this Guaranty is attached, the undersigned personally guarantees the payment of rental and performance of all cove- nants and agreements of this Lease tobe by Tenant kept and performed. Landlord shall have the right to enforce this Guaranty directly and without any attempt to enforce the same against the -Tenant or at its option Landlord proceed first against the Tenant or the Tenant and the undersigned jointly. aw���',c./ ,�,� ..... _�_:_... :.._:i..�11G1Su.�vIM1•:M.:. �...n:•,•.•� .. .. .. ... : YTT•.Tr••r��� – _ _._—..- .. _ .... ............� _ .a,71R j I li I V� ,1 • � 1 1 r