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HomeMy WebLinkAboutCC RES 96-046 RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND INDEPENDENT SCHOOL DISTRICT NO. 282 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE LEASE ON BEHALF OF THE CITY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103308 Box: 26 Folder: RES 1996 Document: CC RES 96-046 RESOLUTION APPROVING THE LEASE BETWEEN THE CIN OF ST. ANTHONY AND INDEPENDENT SCHOOL DISTRICT NO. 282 AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE LEASE ON BEHALF OF THE CITY • CITY OF ST. ANTHONY RESOLUTION 96-046 A RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND INDEPENDENT SCHOOL DISTRICT NO. 282 AND AUTHORIZING THE MAYOR AND 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 St. Anthony/New Brighton School District No. 282 and authorizes the Mayor and City Manager to execute said Lease on behalf of the City. • Adopted this day of Se--n ern I ea- , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Ma er • LEASE THIS LEASE is entered into as of the day of S �m.ber , 19—IL, by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota, (hereinafter called "Landlord") and ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT #282 (hereinafter called "Tenant"), Landlord, in consideration of the rents and covenants herein, 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 City Hall/Community Center in the City of St. Anthony, 3301 Silver Lake Road, County of Hennepin and the State of Minnesota (the "leased premises"): As described in the attached floor plan developed by Williams/O'Brien Associates, Inc., Offices 22, 23, 24, 25, and 26; Waiting Room 21, Copy Room 20, Conference Room 19, Closet 23B, Preschool Room 17, ECFE Room 15, Kindergarten Room 13, Dayrooms 106 and 104, Break Room 8, Community Services Storage 4, Storage 9, and Activity Room 6. TO HAVE AND TO HOLD THE LEASED PREMISES, without any liability or obligation on the part of Landlord for making any alterations, improvements or repairs of any kind in, on or about the leased premises except as provided herein, for the term of six (6) months commencing January 1, 1997, 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, monthly rent of$8,333.34, commencing January 1, 1997 through June 30, 1997. If this Lease is not terminated, the total annual rent shall be $100,000 for each twelve (12) month period ($90,000 of the total cost is for space for Community Services and $10,000 is for the gym space). Attached to this Lease is the expectant payment schedule from the School District over the next 20 years (1997-2016). If the Legislature or Department of Children, Families & Learning removes the right of Tenant to levy for rental costs, Tenant will no longer be bound to the payments as scheduled. If Tenant no longer makes payments to the City, Tenant shall immediately vacate all of the leased premises. ARTICLE 2. TERM. The term of this Lease shall be from January 1, 1997 through June 30, 1997, but the term will be automatically extended for successive periods of twelve (12) months each, unless the Lease is terminated at an earlier date as provided in Article 19. • City of St. Anthony • School District #282 Page 2 ARTICLE 3. UTILITIES AND SERVICES. Landlord agrees to furnish heat, water, sewer service, and electricity in reasonableamounts, and snow removal, 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, and no temporary interruption or 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. If services are interrupted for a period of five consecutive days and all or a portion of the leased premises are untenantable because of the lack of services, the monthly rent will abate for the period the leased premises are untenantable in proportion to the portion of the leased premises which is untenantable. 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 in which the leased premises 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, commercial 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$600,000.00 and for bodily injury to any group of persons in the amount of$600,000.00 and for property damage in the amount of $600,000.00. 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. • City of St. Anthony • School District #282 Page 3 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; • 6) Tenant agrees to abide by such Rules and Regulations as may be reasonably promulgated by Landlord so long as the same are consistent with the rights of Tenant under this Lease. 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 and the building systems to the point of entry into the leased premises, subject, however, to the provisions of Article 10. Tenant shall be responsible for all other maintenance, repair and replacement necessary for use of the leased premises. Landlord shall be responsible for maintenance of the parking area, including snow plowing, and security lighting. ARTICLE 6. USE. Tenant shall use the leased premises for community service offices, meetings, and activities offered by Community Services. Additional use could include civic and community groups. 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, 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 City of St. Anthony • School District #282 Page 4 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, upon reasonable prior notice for the purpose of inspection, cleaning, repairing, altering or improving the same or said building, but nothing contained in this Article 7 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, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed so long as the same does not adversely affect the structure, systems, appearance • or value of the Building. Landlord may condition its consent if 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. ARTICLE 9. COMMON AREAS. Tenant is hereby granted the nonexclusive right to use the driveways, parking, sidewalks, hallways and restrooms serving the Building ("Common Areas") in connection with Tenant's use of the leased premises and subject to the provisions of this Lease. In addition to the use of the Common Areas, Landlord and Tenant contemplate the use of the Multipurpose Room and Gymnasium, shown on the attached floor plan for various community events. Landlord shall, for the term of this Lease, be responsible for the scheduling of events and the collection of fees for use of the Multipurpose Room and Gymnasium according to a rental fee schedule satisfactory to Landlord. All events other than events of Landlord or Tenant, shall be subject to rental fees in accordance with the rental fee schedule. All rental fees shall be paid to and retained by Landlord. Tenant shall schedule no event for which adequate insurance (with respect to both coverage and cost) is not, in the opinion of Landlord, available. For purposes of this Article 9, insurance • coverage shall be deemed adequate if the proposed user shall carry commercial general liability insurance with limits at least equal to those required of Tenant in Article 4 hereof. Except for current methods of scheduling and such modifications as are agreed upon City of St. Anthony • School District #282 Page 5 between landlord and Tenant, Tenant shall schedule no event which, at the time of scheduling, conflicts in time with any scheduled Landlord event or Landlord-sponsored event. Landlord will not convert the Multipurpose Room or Gymnasium to different uses during the term of this Lease without providing similar space for continuation of the community services events. Landlord shall be responsible for the maintenance and cleaning of the Common Areas, the Gymnasium and the Multipurpose Room except that Tenant shall be responsible for cleaning the Gymnasium and Multipurpose Room after any Tenant-sponsored events scheduled by Tenant pursuant to this Article, and for-repairing any damage occurring at or as a result of such events. Landlord will be responsible for repair and maintenance of the Building. ARTICLE 10. ASSIGNMENT OR SUBLETTING. Tenant shall not assign this Lease or sublet the leased 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 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 subtenancy 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 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 refunded by the Landlord pro- rata; 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. • City of St. Anthony • School District #282 Page 6 ARTICLE 12. EMINENT DOMAIN. If such a portion of the leased premises or the Building or the Property 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 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 shall remain as Landlord's property and shall be surrendered with the leased premises as a part thereof; provided, however, that Tenant may prior to the end of the term of this lease remove any of its fixtures if in so doing it shall repair any damage occasioned thereby. 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 reasonable 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, (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 thirty (30) days after written notice from Landlord of such violation or • default or, if the default may not reasonably be cured within a thirty (30) day period, then within such additional time as may be reasonably necessary to cure the default so long as Tenant is making diligent efforts to cure the default; or (3) if Tenant shall be adjudged City of St. Anthony • School District #282 Page 7 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 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. Each party to this Lease 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 the other party 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 person or property in or about the leased premises and to defend and indemnify Landlord with respect to any actions, suits or claims relating to any injury, death or property damage within the leased premises, except the Tenant accepts no responsibility and does not hold harmless such claims as could be a result of decorative entry. 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. City of St. Anthony • School District #282 Page 8 ARTICLE 17. SUBORDINATION. At the request of any mortgagee or ground lessor, this Lease may be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building, and Tenant will execute, acknowledge and deliver to Landlord any document requested by Landlord to evidence the subordination. Such subordination is on the condition that Tenant's right of possession of the leased premises as provided in this Lease will not be distributed by the mortgagee or ground lessor so long as Tenant is not in default under this Lease. If the interest of Landlord is transferred to any party by reason of foreclosure of a mortgage or cancellation of a ground lease, or by delivery of a deed in lieu of foreclosure or cancellation, Tenant will immediately and automatically attorn to such party. Tenant agrees that upon notification by Landlord or any mortgagee or ground Landlord of the election of a mortgagee or ground lessor to subordinate its interest in the leased premises to this Lease, this Lease will become prior to the mortgage or ground lease. 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 either parry hereunder shall be implied from any omission by the other party 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 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. • Either party may terminate this lease upon ninety (90) days written notice to the other party. City of St. Anthony • School District#282 Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. For: ST. ANTHONY/NEW BRIGHTON For: CITY OF ST. ANTHONY SCHOOL DISTRICT #282 Its Chair Its Mayor Its Clerk Its City M ger 10 - aa qb Date Date • •