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HomeMy WebLinkAboutRES 83-016 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SUB-LEASE FOR OFFICE SPACE IN THE PARKVIEW BUILDING WITH THE ST. ANTHONY DEVELOPMENTAL LEARNING CENTER Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozsai Box: 23 Folder: RES 1983 Document: RES.83-016 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE SUB-LEASE FOR OFFICE SPACE IN THE PARKVIEW BUILDING WITH THE 5T. ANTHONY DEVELOPMENTAL LEARNING CENTER RESOLUTION 83-016 A RESOLUTION AUTHORIZING THE 1AYOR AND CITY MANAGER TO EXECUTE THE SUB-LEASE FOP, OFFICE SPACE IN THE PARKVIEW BUILDING WITH THE ST. ANTHONY. DEVELOPMENTAL LEARNING CENTER WHEREAS , The St. Anthony Developmental Learning Center desires to sub-lease office space. in the Parkview Building; and WHEREAS , said office space is being leased from I .S.D. #212 by the City of St. Anthony; and WHEREAS , approval to sublease has been given to the City of St. Anthony by I .S.D. #282. NOW, THEREFORE , . BE IT RESOLVED, that the Mayor and City Manager are hereby authorized to execute the Office Space Sub-Lease in the • Parkview Building with The St.- Anthony Developmental Learning center- on behalf of the City of St. Anthony. Adopted this 5 day of TQ Y) I a- r 1983 . Mayor ATTEST: City Clerk Reviewed for administration: M ,CkQ, � _ r'� City Manager r OFFICE SPACE SUB-LEASE / I~da of 194M , THIS AGREEMENT, made this y (� by and between the CITY OF ST,., ANTHONY, a muni ipal corporation under the laws of th.e State of Minnesota., (hereinafter called "Landlord") . and THE ST. ANTHONY DEVELOPMENTAL_ LEARNING-CENTER,-.(h_ereinafter_ called _"Tenant") , WITNESSETH: That the Landlord, presently leasing the described space from School District #282 and subject to all conditions and provisions of said lease with the School District, . in consideration of the rents and covenants hereinafter mentioned, does hereby Demise , Sub-Lease and Sub-Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the followingdescribed premies. located in the County of Hennepin and State of Minnesota, viz: That portion of the premises located at 3301 Silver Lake Road consist- ing of approximately 792 square feet, in accordance with Exhibit A attached and made a part of. TO HAVE AND TO HOLD THE SAID PREMISES , without any liability or 'obligation on the part of said Landlord of making any alterations , improvements or repairs of any kind on or about thesaid premises save as provided herein , for the term of twelve (12) months commencing January 1, 1983, unless terminated at an earlier date as hereafter provided, for the following purposes only to-wit: Offices for St. .Anthony Developmental Learning Center. ARTICLE 1. RENT. Tenant shall pay to Landlord as . rent for leased premises the sum of Three Thousand Eight Hundred Eighty-Three Dollars ($3 , 883. 00)_ in monthlypayments of Three Hundred Fifty-Three Dollars (:$353 . 00)_ payable on the first of each month from February 1, 1983 through. December 31, 1983 . Said payments to be made to the City of St. Anthony, 3301 Silver Lake Road, Minneapolis , Minnesota 554.18 , or at such other place. as Landlord may hereafter designate in writing. -2- ARTICLE 2 . POSSESSION: TERM: RENT. The term of this Lease shall be twelve ('12) months commencing on February s l, o_19_83_ and terminating on December 31, 1983 unless terminated at an earlier date as hereinafter provided. , Tenant and Landlord also agree to discuss .a lease extension- and terms from December 31 , 1983 to August 31 , 1986 . 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 snowplowing, 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- 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. 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 J • a• -3- discretion. 3-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 One Hundred Thousand Dollars. ($100 ,000 .00) .and for bodily injury to any group of. persons in the amount of Three Hundred Thousand Dollars (.$300.,000 . 00) and for property .damage in the amount of Three Hundred Thousand .Dollars (_$300 ,.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 of 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 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 per- mission 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 be responsible for all other maintenance , repair and replacement necessary for use of the • leased premises ; the Landlord'shall be responsible for maintenance of the parking area, including snow plowing, and for an adequate level of security lighting. -4- 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 be in violatin 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 premises 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, altering 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 -_plumb.ing._or_-w'iring, there n=,-. without the prior wirtten 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 mprovements shall bein�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 purchasing and installing any new locks , and the installation of carpeting and drapes, if desired. • ARTICLE 9 . COP24ON AREAS . Tenant agrees that the use of all halls , passageways in said building, by the Tenant or Tenant's -5- servants , employees , guests. -and invitees , shall be subject 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. ARTICLE 1`0'. ASSIGNMENT OR SUBLETTING. Tenant agrees to use and occupy the leased premises throughout the entire term hereof for the purpose of 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 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 sublet- ting of the leased premises- shall not be a waiver of Landlord 's rights under this Article as to .any subsequent assignment or sub- letting. Landlord' s rights to assign this Lease are and shall remain unqualified. ARTICLE 11. DA!.MGE 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 prorata; . provided, however, - that if the premises can be repaired within ninety (90) days fromthe 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 prorata. ARTICLE 12. EMINENT DOMAIN. If such a portion of the leased premises are taken by any public authority under the power of eminent ,r -6- 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 prorata--refund of any rent that may have been paid in advance. . Ail .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 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 installed by either Landlord or Tenant upon the leased premises shall remain as Land.lord "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 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-PAY1ENT 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 from the Landlord; 2) Tenant shall violate or default any of the other covenants , agreements , stipulations , 'or conditions herein, and such violation or default -7- 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 liable for damage by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or forfeiture or termination. of this Le°ase , 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 HAMLESS . 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 -8- such -8-such lien to be .discharged at the time performance of any obliga- tion secured thereby matures , provided that .Tenant may , upon depositing and maintaining, with Landlord. a sum reasonably satisfactory to Landlord to .protect Landlord'.s interest in the leased premises from such lien, contest suchlien, but if such lien is reduced to final judgement 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 judgement.. 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 expres's 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 J -9- • after it first becomes- due and payable shall bear interest from and after the lapse of such thirty (301 day period at the rate of twelve percent (12%) per annum. This Lease shall not be effective until executed by all parties. hereto. ARTICLE 19 . . CONFLICT WITH .SCHOOL DISTRICT #282 AND CITY OF ST. ANTHONY LEASE. Nothing izere-fn-shall allow conflict with the -- above- primary lease of the premises and .said primary lease is hereby referenced and attached to -this Sub-Lease in its entirety as Exhibit B. ARTICLE 20 . OTHER PROVISIONS . Attached as Exhibit A hereto and made a part of hereof are Supplemental Provisions to this Sub-Lease relating to the following top or topics : Diagram of leased space. IN WITNESS WHEREOF, the parties hereto have .executed this Sub-Lease the day and year first above written. For: CITY OF ST. ANTHONY i .. �3 By: °r r,,.� ,;,�! D to 61 -2,1) l 9b 3 And: Date Its City Manager For : ST. ANTHONY DEVELOPMENTAL LEARNING CENTER By: Date ' Its O