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HomeMy WebLinkAboutCC RES 94-034 RESOLUTION APPROCING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND AGA KHAN CULTURAL CENTER AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE LEASE ON BEHALF OF THE CITY. Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103435 Box: 26 Folder: RES 1994 Document: CC RES 94-034 RESOLUTION APPROCING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND AGA KHAN CULTURAL CENTER AND AUTHORIZING THE MAYOR AND INTERIM CIN MANAGER TO EXECUTE LEASE ON BEHALF OF THE CIN. • CITY OF ST. ANTHONY RESOLUTION 94-034 A RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND AGA KHAN CULTURAL CENTER AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE LEASE ON BEHALF OF THE CITY BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Lease between the City and Aga Khan Cultural Center and authorizes the Mayor and Interim City Manager to execute said Lease on behalf of the City. Adopted this IO'l day of n'1 , 1994. • Mayor ATTEST: City Clerk Reviewed for administration: Interim C Manager LEASE THIS AGREEMENT, made this /0 14 day of 1W A-Y , 199 , by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota, (hereinafter called "Landlord") and AGA KHAN CULTYIRAL CENTER, aka H. H. PRINCE AGA KHAN SHIA IMArNI ISMAILI COUNCIL FOR^VIIDWESTERN U.S.A. (hereinafter called "Tenant"), IMAMI WITNESSETH: That the Landlord, in consideration of the rents and covenants hereinafter mentioned, does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following described premises located in the County of Hennepin and the State of Minnesota, viz: That portion of the building (hereinafter called the "Building") located at 3301 Silver Lake Road, crosshatched on Exhibit 1 attached hereto and made a part of (hereinafter called the "Leased Premises"). 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 the said premises save as provided herein, for the term of twenty-four (24) months commencing August 1 , 1994, unless terminated at an earlier date as • hereinafter provided. ARTICLE 1 . RENT. Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota 55418, or at such other address as may be designated by Landlord, without prior demand and without any deduction or set-off, annual rent in the amount of $12,600, payable in monthly installments of $1 ,050 each for the period August 1 , 1994 to July 31 , 1995, and annual rent in the amount of $13,230, payable in monthly installments of $1 ,102.50 each for the period August 1 , 1995 to July 31 , 1996. ARTICLE 2. TERM. The term of this lease shall be twenty-four(24) months commencing on August 1 , 1994 and terminating on July 31 , 1996 unless terminated at an earlier date as hereinafter provided. 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 City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 2 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 improvements 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 in or 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, electricity, air conditioning or other agency, or due to fire, explosion or action of the elements. • Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the premises. Tenant agrees to place and maintain throughout the term hereof at its sole expense, such fire and other casualty insurance covering Tenant's property as Tenant deems appropriate 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 of the other, 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; 1. City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 3 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; 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 the 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 ssh I be respo sible for all other maintenance, repair and replacement 116-- fi tendo e ; the Landlord shall be • responsible for maintenance of the parking area, including snow plowing, and for an adequate level of security lighting. ARTICLE 6. USE. Tenant shall use the leased premises for meetings and religious or other gatherings for the Aga Kahn Cultural Center and for no other purpose. Tenant agrees not to commit or permit any act to be performed on the premises or any omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the building 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 dangerous 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 reasonable 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. City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 4 ARTICLE 8. ALTERATIONS. Tenant will not make any alteration, additions or improvements in or to the leased premises or add, disturb 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 improvements 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 is hereby granted the nonexclusive right to use the driveways, parking, sidewalks, hallways and restrooms serving the Building in connection with Tenant's use of the leased premises and subject to the provisions of this Lease and any rules and regulations established by Landlord; provided, however, that Landlord may reserve for Landlord's exclusive use not more than 20 existing parking stalls and any new parking stalls added by Landlord, which stalls Landlord may mark by a sign or signs indicating Landlord's reservation. ARTICLE 10. USE OF CAFETERIA AND GYMNASIUM. If Tenant desires to use the Cafeteria and Gymnasium in the Building, Tenant will schedule such use through St. Anthony/New Brighton Independent School District No. 282. ARTICLE 11 . 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 purposes, 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 request therefor, setting forth such information as City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 5 Landlord may desire. In the event that a bona fide sub-tenant or assignee is proposed to Landlord by Tenant, and Landlord is unwilling to 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 assign this Lease are and shall remain unqualified. ARTICLE 12. 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 refunded by the Landlord pro-rate; provided, however, that if the premises can be repaired within ninety (90) 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 13. 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 14. 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 consistent 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 removed 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 City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 6 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 thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the premises, including, without litigation, 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 15. NON-PAYMENT OF RENT: DEFAULTS. If any one or more of the 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, agreement, 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 is 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 Lease, the liability of Tenant for the rent provided for herein shall not be relinquished or extinguished 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 reasonable 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 16. 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 17. 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 person or a - City of St. Anthony Aga Khan Cultural Center • Lease Agreement Page 7 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 obligation 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 such lien, 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 forthwith pay and discharge said judgement. Landlord shall have the right to post and maintain on the leased premises, notices of non-responsibility under the laws of Minnesota. ARTICLE 18. 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, replacements, and extensions thereof. ARTICLE 19. 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 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 City of St. Anthony Aga Khan Cultural Center Lease Agreement Page 8 period at the rate of eight percent (8%) per annum. This Lease shall not be effective until executed by all parties hereto. ARTICLE 20. TERMINATION. Landlord shall have the right to terminate this lease at any time upon 90 days prior written notice to Tenant. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. For: CITY OF ST. ANTHONY 71jazti la , iqq � Date 6 is Mayor 7101 I17 , i � gLl Dae rint—erim�Cty Manager For: AGA KHAN CULTURAL CENTER aw !wu &,Dated His Highness Prince A Khan Shia Imaini Ismaili Council for Midwestern U.S.A.