HomeMy WebLinkAboutCC RES 96-057 RESOLUTION APPROVING THE TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL Meeting Sheet
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103320
Box: 26
Folder: RES 1996
Document: CC RES 96-057 RESOLUTION APPROVING THE
TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED
FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL
•
CITY OF ST. ANTHONY
RESOLUTION 96-057
A RESOLUTION APPROVING THE TERMINATION OF LEASE
AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION
OF THE APACHE WELLS BAR AND GRILL
BE IT RESOLVED by the City Council of the City of St. Anthony that the Termination of
Lease Agreement between the Ste. Marie Company and the City of St. Anthony for space
rented by the City for the operation of the Apache Wells Bar and Grill is hereby approved
on behalf of the City.
• Adopted this I a-th day of N'Oy e-m 6 er , 1996.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
ity v Wnager
•
• Termination of Lease Aareement
This Termination of Lease Agreement ( "Agreement" ) made as of
the 13th day of November, 1996, by and between Ste. Marie Company,
a Minnesota corporation, successor in interest to Apache Plaza,
Ltd. , as landlord ( "Landlord" ) and the City of St. Anthony,
Minnesota, a Minnesota municipal corporation, as tenant ( "Tenant" ) ,
relating to that certain Agreement of Lease dated June 2 , 1989 by
and between Apache Plaza, Ltd. and Tenant for the leasing of
certain space located in Apache Plaza Shopping Center (as the same
may have been amended, the "Lease" ) located, in part, upon Lot 7,
Block 1, Silver Lake Center, Ramsey County, Minnesota.
For good and valuable consideration, Landlord and Tenant agree
as follows :
1 . The Lease is terminated effective as of the date hereof .
2 . Notwithstanding said termination, this Agreement shall
not release or discharge any liabilities or obligations that Tenant
may have to Landlord under and pursuant to the terms and provisions
of the Lease, which obligations and liabilities have arisen or
accrued prior to the date hereof; provided, however, that Tenant
shall have no obligation or responsibility to Landlord for the
• payment of amounts for the following items which otherwise would
have been payable under the terms of the Lease in or relating to
the period from August 1, 1996 through the date hereof : (a) minimum
guaranteed annual rent, (b) rent based upon gross sales, (c) real
estate taxes and assessments, (d) insurance premiums, and (e)
common area charges .
3 . Tenant shall immediately upon removal of its personal
property and trade fixtures, if any, deliver to Landlord possession
of the leased premises and all keys thereto.
4 . Tenant shall, within thirty (30) days of the date hereof,
remove all personal property and trade fixtures, if any, from the
leased premises and repair any damage caused by the removal of such
personal property and trade fixtures, at Tenant ' s sole cost and
expense . Notwithstanding any provision of this Agreement to the
contrary, Tenant shall continue to be liable for damages or
injuries caused by it or its agents or employees in the removal of
such personal property and trade fixtures, or arising from its
activities conducted in or about the leased premises, in accordance
with the provisions of Article 3 of the Lease.
•
334947.3
• In Witness Whereof, the parties have caused this Termination
of Lease to be signed and delivered as of the day and year first
above written.
Ste. Marie Company,
a Minnesota corporation
By: c
Its : Vice President
City of St. Anthony, Minnesota,
a Minnesota municipal
corporation
By: -�CLGt�
Its : Mayor
By:
Its : Oitoana er
•
• 334947.3 2
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of November, by Larry E. McCabe, the vice President of Ste .
Marie Company, a Minnesota corporation, on behalf of the
corporation. I
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NOTARY PUBLIC-MINNESOTA Notary Public
RAMSEY COUNTY
Ito My Comm.Expires Jen.31,2000
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STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of November, by Clarence Ranallo and Michael Mornson, the Mayor
and City Manager, respectively, of the City of St . Anthony,
Minnesota, a Minnesota municipal corporation, on behalf of the
corporation.
--------- - --
ca
CONNIE J. KROEPLIN 0'6��
NOTARY PUBLIC-MINNESOTA Notary Publ
My Commission EXOM JUL$1,am
Drafted by:
Briggs and Morgan, P.A. (DGG)
2200 First National Bank Bldg.
St . Paul, MN 55101
612/223-6636
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