HomeMy WebLinkAbout5G - Lease Agreement with Camille on Rouge, LLC
O~ PR.IO~
~ ('
t: ~
u :;::
h'J
~11\'NESO~ ~
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
March 15, 2010
5G
Kelly Meyer, Asst. City Manager
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH
CAMILLE ON ROUGE, LLC FOR PROPERTY LOCATED AT 16220 MAIN
AVENUE IN DOWNTOWN PRIOR LAKE.
Introduction
The purpose of this agenda item is to consider a lease
agreement for the lease of City-owned property located at
16220 Main Avenue (known previously as the Batteries
Plus building).
Historv
The City purchased the 720 square foot building adjacent to Monnen's Lumber
from Larry and Elaine Hennen in 2001. We believe the building has been a part
of Downtown Prior Lake since at least the 40s. In addition to serving as office
space for Batteries Plus, and Hennen Insurance before that, the building once
served as a family diner.
The rationale for purchasing the property was that in the event a future
redevelopment opportunity presented itself, the City would control a key piece of
property, rather than having to negotiate with additional private property owners
that might otherwise slow or stall a redevelopment initiative. The property was
purchased for $45,000 via a Contract for Deed, and before the end of 2001, Mr.
Hennen requested that the City pay the contract in full. The City did so, and Mr.
Hennen vacated the property in the end of 2001.
Since January 2002, the City has leased the building to WC Enterprises, doing
business as Batteries Plus, for general office purposes. WC Enterprises was a
terrific tenant but has now grown beyond the capacity of the building and
terminated the lease agreement in December 2009 to move to a larger location.
Current Circumstances
Since November of last year, the City has been seeking a new renter for the
space. Because of its size and location, the space is attractive in particular to
start-up retail businesses who desire a storefront and the ability to participate in
Downtown activities, but that does not want to make a huge investment in larger
or newer retail spaces. Staff believes the building could serve as a stepping
stone as home-based businesses grow from home-based to retail storefronts.
This is an attractive use for the property and consistent with the economic
development and downtown redevelopment goals of the 2030 Vision and
Strategic Plan.
www.cityofpriorlake.com
BIRql}~ 95.2,447,9~OO.j Fax 95.2.447.4.245
The City received calls from a number of businesses interested in the site.
Ultimately, Camille Kasma, owner of Camille on Rouge, LLC, was the first to act.
Ms. Kasma has operated a resale antiques and treasures business out of her
home and would like to expand to a retail storefront location. She also wants to
become more involved in her community and Downtown Prior Lake activities
through participation in Ladies Night events hosted by the Chamber, as well as
the Farmer's Market. Ms. Kasma initially intends to be open Fridays and
Saturdays. Staff believes her business will be a good compliment to other retail
businesses in Downtown Prior Lake.
Conclusion
Ms. Kasma has entered into the City's standardized lease agreement, and
provided her first month's rent, a security deposit, and her certificate of
insurance. The agreement is presented to the Council for adoption.
ISSUES:
Following is a general summary of the proposed lease terms:
Term: 1 year - April 1 , 2010 through March 31, 2011 - with a 2 year renewal
option.
Rent: $625 per month, plus utilities for the first year and $650/mo. and $675/mo.
respectively for the renewal term.
Real Estate Taxes: Lessee is responsible for payment of the 2nd half real estate
taxes for 2010, and all real estate taxes thereafter.
Insurance: Minimum of $1,000,000 public and general liability, naming the CITY
as an additional insured.
Maintenance: The Lessee is responsible for all interior maintenance of the
building that is non-structural.
Building Improvements: In December, the City experienced a burst water pipe
in the building. The City's insurance coverage is paying for the costs of repair.
Repairs include new insulation, walls, ceilings and floors in the building. Repairs
are expected to be complete by April 1 st. Staff is working with the Lessee on
finish choices that will compliment her business. The City may have minor out of
pocket expenses as finishes are finalized. We are working with the Lessee on
the selection of the interior finishes as a courtesy and believe that if there are
additional costs they will be minimal.
FINANCIAL
IMPACT:
This lease agreement will provide nine months of rental revenue ($5625.00) in
2010. This revenue is General Fund revenue.
ALTERNATIVES:
1. Motion and Second as part of the Consent Agenda approving Resolution 10-
XX authorizing the Mayor and City Manager to enter into a Lease Agreement
with Camille On Rouge, LLC.
2. Remove this item from the Consent Agenda, take no action and provide staff
with additional direction.
RECOMMENDED Alternative 1.
MOTION:
Re&ed ry:
Fran' ~Ie ,
2
o~ PRI04>
co~ 4646 Dakota Street S.E.
U ~ Prior Lake, MN 55372-1714
n,
4rlNNESO't~ RESOLUTION 10-xxx
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER
INTO A LEASE AGREEMENT WITH CAMILLE ON ROUGE, LLC
FOR PROPERTY LOCATED AT 16220 MAIN AVENUE SE, PRIOR LAKE.
Motion By:
Second By:
WHEREAS, the City acquired the commercial building located at 16220 Main Avenue SE in
downtown Prior Lake in 2001 as part of a future redevelopment initiative; and
WHEREAS, a redevelopment of the area has not yet been initiated and the building is available for
lease; and
WHEREAS, Camille Kasma, owner of Camille On Rouge, LLC has operated a home-based resale
antiques and treasures business and would like to expand to a retail storefront in
downtown Prior Lake; and
WHEREAS, Ms. Kasma has entered into the City's standard lease agreement and met all of the
conditions thereof; and
WHEREAS, Creating opportunities for business development in Prior Lake is consistent with the
City economic development and downtown redevelopment goals of the 2030 Vision
and Strategic Plan.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to enter into a Lease Agreement with Camille
on Rouge, LLC for the property located at 16220 Main Avenue SE, Prior Lake.
PASSED AND ADOPTED THIS 15th DAY OF March, 2010.
YES
NO
I Myser
I Erickson
Hedberg
Keeney
Millar
Myser
Erickson
Hedberg
Keeney
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
City of Prior Lake, Minnesota
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of March, 2010, by and between
the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal corporation (hereinafter referred to as
"CITY", and CAMILLE ON ROUGE, LLC, a limited liability company (hereinafter referred to as the
"LESSEE").
In consideration of the mutual covenants and promises hereinafter set forth, the sufficiency of which are
not disputed, the CITY and LESSEE do hereby agree as follows:
1. DESCRIPTION OF THE PREMISES. CITY does hereby lease to LESSEE and LESSEE does
hereby lease and take from CITY certain premises consisting of 720 square feet located at
16220 Main Avenue S.E., Prior Lake, Minnesota 55372; PID 250010300 (hereinafter "Leased
Premises").
2. TERM. This Lease Agreement shall be for a term of one (1) year commencing on the 1st day of
April, 2010, and terminating on the 31st day of March, 2011..
3. USE OF PREMISES. The Leased Premises shall be used and occupied by Lessee solely for
retail and office purposes and for no other purpose, and such use and occupancy shall be in
compliance with all applicable federal, state and local laws, statutes, ordinances and
governmental rules and regulations.
4. RENT AND SECURITY DEPOSIT. LESSEE shall pay CITY monthly rent in the amount of Six
Hundred Twenty~Five and no/100 Dollars ($625.00) for the initial one year term of this Lease
Agreement. Rent payments shall be made on a monthly basis and paid by the 10th day of the
given month in which payment is due. A late fee of $5.00 per day shall be assessed for
payments received after the 10th day of the month. All rental payments required hereunder shall
be paid to the CITY at 4646 Dakota Street S.E., Prior Lake, MN 55372, or such other place as
determined by the CITY. The first month's rent shall be paid at the time the Lease Agreement is
signed by both parties.
LESSEE shall pay to CITY at the time the Lease Agreement is signed by both parties an amount
equal to one and one-half times (1 'Yz) the initial rent payment as security deposit for the Leased
Premises. The security deposit may be used by the CITY to restore the Leased Premises to its
original condition, normal wear and tear excepted, upon termination or expiration of the Lease
Agreement, or to pay any remaining unpaid rents or utilities due under this Lease Agreement. All
remaining Security Deposit monies ~hall be returned to the LESSEE. The Security Deposit shall
not be used by the CITY to address any issues related to mold that might have developed as a
result of a burst water pipe in January 2010 prior to LESSEE's occupancy.
5. RENEWAL TERM. Provided that LESSEE is not in default under the terms and conditions of this
Lease Agreement, the Lease term may be renewed by mutual agreement of both parties for an
additional two-year term. The rent during the renewal period shall be as follows:
Year 1 of renewal term (4/1/11 - 3131/12): $650.00
Year 2 of renewal term (4/1/12 - 3131/13): $675.00
6. CITY RESPONSIBILITIES FOR BUILDING IMPROVEMENTS TO LEASED PREMISES.. Prior to
the LESSEE's occupancy, the CITY shall be responsible for initial repairs to the Leased
Premises covered by the City's insurance carrier related to a frozen water pipe that burst in
January 2010, including removal and replacement of any baseboard, flooring, insulation, wall
Camille on Rouge, LLC Lease
16220 Main Avenue BuildinQ.
March 2010
board, or ceiling tiles damaged by water. The cost of correction of any subsequent mold that may
develop as a result of the January 2010 water pipe break shall be the responsibility of the CITY;
however, the CITY in its sole discretion shall determine whether the repair to the property is in
the best Interest of the public. If the LESSEE is unsatisfjed with the CITY's determination related
to the treatment of any mold, LESSEE shall have the option to terminate this Lease Agreement.
7. LESSEE RESPONSIBILITY REGARDING LEASED PREMISES.
(a) Non-Structural Imorovements. The LESSEE shall be responsible for making any
nonstructural improvements to the Leased Premises. LESSEE shall be responsible for the
payment of any interior and exterIor decorative or other modifications to the Leased Premises
necessary for the LESSEE's use of the Leased Premises, including interior or exterior painting,
window boxes, signage or other improvements. The CITY shall approve any exterior
improvements prior to their installation.
(b) Insurance: The LESSEE shall pay any and all insurance which LESSEE desires to
insure its own property located and situated on the Leased Premises. LESSEE shall also provide
public liability insurance in the limits described in Section 8 herein. CITY shall not be liable to
LESSEE for any loss or damage of any kind whatsoever caused or sustained by reason of failure
of any mechanical system within the Leased Premises including, but not limited to, the heating or
ventilating or air conditioning system servicing the Leased Premises or because of inability to
obtain energy or utilities for any reason beyond CITY's control.
(c) Utilities: LESSEE shall be responsible for the payment of all sewer, water, gas, electric,
telephone, refuse, custodia! services and supplies, to the Leased Premises necessary for
LESSEE's usa of the Leased Premises.
(d) Real Estate Taxes: The LESSEE shall be responsible for payment of property taxes for
the Leased Premises beginning with those taxes payable October 15, 2010. Tax statements shall
bear the name of the LESSEE, and LESSEE shall remit payments directly to the County.
8. INSURANCE. The LESSEE shall maintain In full force and effect during the term hereof, a policy
of public liability insurance in a form acceptable to the City Attorney. The minimum limits of
liability of such insurance shall be $1,000,000 for injury or death to anyone person, and
$1,000,000 for injury or death to more than one person. LESSEE shall be responsible for the
payment of any and all other insurance which it desires, and/or a public liability policy which
insures LESSEE above the limits as required hereunder of the CITY. The CITY shall be named
as an additional Insured on the public liability policy. Said policy shall contain a provision that the
insurance cannot be terminated without 30 days written notice by the insurance company to the
CITY. LESSEE shall provide CITY with a Certificate of Insurance which conforms with the
provisions herein, before LESSEE may operate at the Leased Premises.
The CITY shall carry and cause to be in full force and effect a fire and extended coverage
insurance policy on the Leased Premises, but not the contents owned, leased to, or otherwise in
possession of the LESSEE.
9. INDEMNITY. The LESSEE agrees that it will, at all times, indemnify and save, protect and keep
harmless the CITY, including but not limited to its Council, staff and employees, agents and
employees, attorneys, and the Leased Premises from every and all costs, loss, damage, liability,
expense, penalty and fine whatsoever, which may arise from or be claimed against the CITY or
2
Camille on Rouge, LLC Lease
16220 Main Avenue BuIlding
March 2010
the Leased Premises by any person or persons, for any injuries to person or property, or damage
of whatever kind or character consequent upon or arising from the use or occupancy of said
Leased Premises by the said LESSEE, or consequent upon or arising from any neglect or fault of
the LESSEE or the agents, employees or independent contractors of LESSEE, in the use and
occupancy of the Leased Premises, or consequent upon or arising from any failure by the
LESSEE so to comply and conform with all laws, statutes, ordinances and regulations of the
United States, the State of Minnesota and the CITY, now or hereafter in force; and if any suits or
proceedings shall be brought against the CITY or the said Leased Premises, on account of any
alleged violation thereof, or failure to comply and conform therewith or on account of any
damage, omission, neglect or use of said premises by the LESSEE, or the agents, employees or
independent contractors of the LESSEE, or any other person on said premises, the LESSEE
agrees that the LESSEE will defend the same, and wlll pay whatever judgments may be
recovered against the CITY or against said Leased Premises on account thereof; provided
however that the LESSEE shall not be required, and nothing in this paragraph shall be construed
as requiring LESSEE to indemnify CITY against any costs, losses, damages, liabilities,
expenses, penalties, fines or claims of any type arising from the acts, omissions or negligence of
CITY, its agents or employees.
10. MAINTENANCE. Upon occupancy, the LESSEE shall be wholly responsible for the maintenance
of the interior of the Leased Premises including but not limited to ceilings, windows, floors, all
interior walls, and all doors and electrical fixtures, and will keep the Leased Premises in as good
a condition as when turned over to LESSEE, reasonable wear and tear excepted.
The LESSEE agrees to keep the Leased Premises in a clean, orderly and sanitary condition and
will neither do nor permit to be done therein anything which is in violation of insurance policies on
the Leased Premises or that is contrary to any State or local law, ordinance or regulation thereof.
The LESSEE will neither commit nor suffer waste to the Leased Premises.
The CITY shall, at its own expense, keep in good order, safe condition and repair, the structural
and mechanical parts of the Building (including, but not limited to, roof, exterior walls, foundation,
exterior lighting, electrical system, and plumbing and fixtures) in which the Leased Premises are
located, except where repairs to the structural parts are required due to the fault or negligence of
the LESSEE, its employees or invitees, in which case the LESSEE shall be responsible for
reimbursing the CITY for the costs of such repairs.
11. APPEARANCE AND ACCESS. CITY, to the extent obligated herein, and LESSEE mutually
agree to keep the grounds and the Leased Premises in a condition of good repair and
appearance as their respective responsibilities and rights require.
LESSEE agrees to keep all of its trash containers, refuse and waste within the Leased Premises
and agrees not to litter any of the grounds or entries. Any activities associated with the business
operation must be contained within the Leased Premises.
LESSEE acknowledges that, upon occupancy of Leased Premises, LESSEE will visually inspect
the Leased Premises in order to ascertain the condition thereof, that any objections thereto not
delivered in writing to the CITY within ten (10) days after occupancy shall be deemed waived;
and that no representations, either expressed or implied, have been made regarding the quality
or condition of the Leased Premises.
3
Camille on Rouge, LLC Lease
16220 Main Avenue Building
March 2010
12. ASSIGNMENT. The LESSEE shall not have the right to assign its interest in this Lease
Agreement or to sublet the Leased Premises, or any part thereof, except with CITY's written
consent. Any approved assignment or sublet shall be subject at all times to the provisions of this
Lease Agreement, provided, however, in such an instance, LESSEE shall at all times remain
obligated hereunder, the same as though no assignment or sublease had occurred. LESSEE
agrees that it will not permit any assignment hereof by operation of law without the consent in
writing of the CITY, first hand and obtained. No assignment for the benefit of creditors or by
operation of law shall be effective to transfer any rights to the said assignee without the written
consent of the CITY, first-hand and obtained.
13. BREACH OF LESSEE. If the LESSEE shall default hereunder and such default shall continue
for a period of fifteen (15) days after written notice from the CITY of such default, then it shall be
lawful for the CITY to terminate this Lease Agreement and enter into and take possession of the
Leased Premises and remove all persons and their property therefrom; provided that if the
default be of such a nature that It may require more than fifteen (15) days to cure, the period to
cure may be extended with the written permission of the CITY. Said time to cure default may be
extended for such period of time as specified by CITY's written notice to LESSEE. The LESSEE
shall cure any default with due diligence and within the time period provided herein.
14. ALTERATIONS. The LESSEE shall not make any structural alterations to the Leased Premises.
The LESSEE however shall own any installed trade fixture installed by LESSEE, and shall have
the right to remove such trade fixture at the expiration or termination of this Lease Agreement.
15. MECHANIC'S LIEN: Should any mechanic's or other liens be filed against any portion of the
Leased Premises by reason of LESSEE's acts or omissions or because of a claim against
LESSEE, LESSEE shall cause the same to be canceled and discharged of record by bond or
otherwise within ten (10) days after receipt of notice from the CITY. Failure to comply with the
provisions of this paragraph shall be grounds for the CITY to immediately terminate this Lease
Agreement, and use the security deposit to satisfy any mechanic's liens.
16. SIGNS. The LESSEE shall have the right, at its own risk and expense, to place signs within the
Leased Premises. CITY reserves the right to determine size, content and location of all exterior
signs consistent with City zoning ordinances. Said signs shall not be erected without the written
prior approval of the CITY, which approval the CITY will not unreasonably withhold. LESSEE
agrees to maintain the slgn(s) in good repair and to remove such slgn(s) at the end of the term or
any extended term of this Lease. The CITY reserves the right to remove all unapproved signs at
the expense of LESSEE.
17. TERMINATION. Upon termination of this Lease Agreement, LESSEE shall deliver up the
Leased Premises to the CITY in as good a condition as said Leased Premises shall be in as of
the date of tender of possession subject to ordinary wear, tear and decay. Any alterations to
Leased Premises shall either be restored to their original condition at the termination or
expiration of this Lease Agreement or otherwise accepted by the City in writing waiving such
restoration,
18. ENTRY. During the ninety (90) days prior to the expiration of the term, the CITY or its agents
may exhibit the Leased Premises to prospective Lessees during normal business hours, and
shall provide notice to LESSEE of entry upon the Leased Premises prior to such entry.
4
Camille on Rouge, LLC Lease
16220 Main Avenue Building
March 2010
19. NOTICES. All notices, consents, demands and requests which may be or are required to be
given by either party of the other, shall be in writing and sent by United States registered or
certified mail, with return receipt requested, addressed to the LESSEE at the Leased Premises
and to the CITY at 4646 Dakota Street S.E., Prior Lake, MN 55372.
The date which said registered or certified mail is mailed by the CITY shall be conclusively
deemed to be the date on which a notice, consent, demand or request is given or made. The
above address of a party may be changed at any time, or from time to time, by written notice
given by said party to the other party in the manner herein above provided.
20. CLAIMS. The LESSEE will make no claim against the CITY for any loss of or damage to property
and/or the Leased Premises caused by theft, burglary, water, gas, electricity or other means,
except In cases of negligence by the CITY. LESSEE further agrees it will not make any claim
against the CITY regardless of cause for loss of profits.
21. FIRE REPAIR. In the event of damage to the Leased Premises by fire, the elements or other
casualty of whatever kind or nature, the CITY shall repair the damage with reasonable dispatch.
If the damage renders the Leased Premises untenantable in whole or in such part that it is
impractical to conduct business therein, the rent and operating expenses shall wholly abate until
the damage has been repaired. If the damage renders the Leased Premises untenantable in part
but LESSEE continues to occupy them in part, the rent and operating expenses shall be reduced
In the proportion that the unoccupied portion of the Leased Premises bears to the occupied
portion of the Leased Premises, until the damage has been repaired. The CITY shall not be
responsible for any loss of LESSEE's fixtures, property or for any lost profit.
If the damage is not repaired by CITY within a reasonable time, or in any event, within sixty (60)
days, LESSEE shall thereupon have the right to terminate the Lease Agreement by giving the
CITY written notice of such termination.
22. QUIET ENJOYMENT. LESSEE, upon payment of the rent herein reserved and upon
performance of all of the terms, covenants and conditions of this Lease Agreement by it to be
kept and performed, shall at all times during the term hereof or during any extension or renewal
hereof, peaceably and quietly enjoy the Leased Premises without any disturbance from CITY.
23. HOLDING OVER. If LESSEE shall hold over the Leased Premises or any part thereof after the
expiration of the term hereof, such holding over shall be construed only to be a tenancy from
month to month subject to all of the covenants, conditions and obligations hereof except that the
rent shall be two hundred (200%) percent of the amount identified in Paragraph 5 herein. Nothing
herein shall be construed to give LESSEE any rights to hold over or to continue in possession of
the Leased Premises.
24. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should
be construed in any manner as creating or establishing the relationship of co-partners between
the parties hereto or as constituting the LESSEE as an agent, representative or employee of the
CITY for any purpose or in any manner whatsoever. LESSEE is to be and shall remain an
independent contractor with respect to all services performed under this Lease Agreement.
LESSEE represents that it has, or will secure at its own expense, all personnel required in
peliorming services under this Lease Agreement. Any and all personnel of LESSEE or other
persons while engaged in the performance of any work or services required by LESSEE under
this Lease Agreement shall have no contractual relationship with the CITY and shall not be
5
Camille on Rouge, LLC Lease
16222 Main Avenue Buildin~
March 2010
considered employees of the CITY and any and all claims that mayor might arise under the
Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other
persons while so engaged, and any and all claims whatsoever on behalf of any such person or
personnel arising out of employment or alleged employment including without limitation claims of
discrimination against the LESSEE, its officers, agents or employees shall in no way be the
responsibility of the CITY; and LESSEE shall defend, indemnify and hold the CITY, its officers,
agents and employees harmless from any and all such claims regardless of any determination of
any pertinent tribunal, agency, board, commission or court. Such personnel or other persons
shall not acquire nor be entitled to any compensation, rights or benefits of any kind whatsoever
from the CITY, including without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay
and PERA. The CITY shall not be bound by and the LESSEE's performance hereunder shall not
be conditioned upon any contract between the LESSEE and any other entIty or party.
25. NONDISCRIMINATION. In connection with the execution of this Lease Agreement, the LESSEE
agrees that it and any of its subcontractors, material suppliers and vendors shall not discriminate
against any employee or applicant for employment because of race, creed, age, sex, religion,
national origin, affectional preference or any other characteristic protected by local, state or
federal statutes, regulation or ordinance. The LESSEE will take affirmative actions to insure that
applicants are employed, and that employees are treated during employment without regard to
race, color, sex, national origin, affectional preference or any other characteristic protected by
local, state or federal statutes, regulation or ordinance. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of payor other forms of compensation, and selections for
training, including apprenticeship.
26. COMPLIANCE WITH STATE AND FEDERAL LAWS. LESSEE, in connection with the execution
of this Lease Agreement, assumes compliance with the statements and conditions of the Equal
Employment Opportunity Act.
27. ENTIRE AGREEMENT. This Lease Agreement represents the entire agreement between the
parties hereto and supersedes all prior negotiations, representations or agreements, either
written or oral with respect to the use of the Leased Premises.
28. SIGNATORIES. The persons signing this Lease Agreement have been duly authorized by their
respective entities to enter into this Lease Agreement.
29. HEADINGS. The headings herein are inserted only for convenience and reference and shall in
no way define, limit or describe the intent of this Lease Agreement.
30. GOVERNING LAW I JURISDICTION. State of Minnesota (State) laws govern all questions and
interpretations concerning the validity and construction of this Lease Agreement.
31. SEVERABILITY. If any provision of this Lease Agreement is held invalid, illegal or unenforceable
by a Court of competent jurisdiction, the remaining provisions will not be affected.
32. WAIVER. One or more waivers of any covenant, term or condition of this Lease Agreement by
the CITY shall not be construed by the LESSEE as a waiver of a subsequent breach of same
covenant, term or condition. The failure or delay on the part of the CITY to enforce or exercise at
any time any of the provisions, rights or remedies of this Lease Agreement shall in no way be
6
Camille on Rouge, LLC Lease
16220 Main Avenue Building
March 2010
construed to be a waiver thereof nor in any way effect the validity of this Lease Agreement or any
part thereof or the right of the CITY to thereafter enforce each and every such provision, right or
remedy.
33. BINDING EFFECT. This Lease Agreement and the covenants and conditions herein contained,
shall inure to the benefit of and be binding upon the CITY, its successors and assigns, shall be
binding upon LESSEE, their heirs, successors and assigns, and shall inure to the benefit of
LESSEE and only such assigns of LESSEE to whom the assignment by LESSEE has been
consented to by CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed
the day and year first above written.
LESSOR:
CITY OF PRIOR LAKE, MINNESOTA
LESSEE:
CAMILLE ON ROUGE, LLC
Frank Boyles, City Manager
By: 01t~ Al"fLU'\lAh/
Camille Kasma, pre~iJent""""C-~' . - -.
BY:
BY:
Mike Myser, Mayor
7