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HomeMy WebLinkAbout4H - Municipal Parking Lot CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: STAFF AGENDA REPORT 4H ,-\:\ \ FRANK BOYLES, CITY MANAGER ^ CONSIDER APPROVAL OF LEASE AG EMENT BETWEEN THE CITY OF PRIOR LAKE WANE AND MERLIN ARNDT FOR THE RENTAL OF A MUNICIPAL PARKING LOT APRIL 15, 1996 The City of Prior Lake has leased a municipal parking lot located on Colorado Avenue for the last three to four years. Actual payment for the parking lot is provided through the VFW. The City utilizes this parking lot as a base of operations for many of its recreation program trips. As such, it does receive usage by the general public and is, therefore, of some benefit to the community. The lease was negotiated some years ago and has been renewed annually. The cost of the lease last year was $3,000 and this year is proposed to be $3,200. The VFW pays the full lease amount. The central issue is whether or not the city wishes to continue in this relationship with the VFW to lease the parking lot. Council has the following alternatives: 1. Authorize the Mayor and City Manager to execute the lease as proposed. 2. Revise the lease and authorize its execution. 3. Discontinue the lease relationship. Alternate #1. The City Attorney has reviewed and recommended modifications to the lease which have been incorporated therein. The lease is due for renewal on May 1, 1996 and is therefore being placed on this City Council agenda, even though the changes recommended by the City Attorney are still being made by the Arndt's attorney. A copy of the final agreement will be provided to the Council as soon as it is ready. Motion and second to approve the lease agreement for 1996/1997 as part of the Consent Agenda. AG60415.DOC 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . . L .e.. 0-":> e.. ~.... ~ 0"'- , ') \\..o-A.\\., '"0 f.~. \ .}...~ T\"'o 1 tJ' '<C._<>. ,\:, ~.\ ,,\{'" V-\.C. \.~ -, L \ lt~\: I ~h.\ to \ fA';\- ,\~....) LEASE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May, 1996, by and between Dwane Arndt and Merlin Arndt, (hereinafter referred to as "Landlord") and the city of Prior Lake, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter referred to as "Tenant"). RECITALS Landlord presently owns certain property located in the city of Prior Lake, County of Scott, Minnesota as shown on Exhibit "A" attached hereto and made a part hereof. It is the intention and desire of the Landlord and Tenant to enter into a Lease Agreement whereby Tenant will lease said property from Landlord upon the terms and conditions set forth in this Agreement. IT IS MUTUALLY AGREED: 1. Recitals. The foregoing Recitals are made a part of this Agreement. 2. Leased Premises. Landlord hereby leases to Tenant and Tenant rents of and from Landlord the property, subject to the terms and conditions of this Lease. 3. Term. The term of this Lease shall be for a period of twelve (l~onths, commencing on the 1st day of May, 1996, hereof and terminating on the 30th day of April, 1997, both dates inclusive. Provided however, that this Lease may be terminated at any time upon mutual written agreement of the parties. If the commencement date of the term hereof falls on a date other than the first day of a month, Tenant shall pay to Landlord on said date rental for the number of days remaining in the calendar month, including said first date computed at a daily rate of one-thirtieth (1/30) of the monthly rental hereinafter specified. "Lease year" shall mean the twelve (12) month period beginning on the first day of the term and each succeeding and consecutive twelve (12) month period thereafter. 4. Rent. Tenant shall pay to Landlord, payable at the address de:sIgnated in this Lease for service of notice upon Landlord, or at such other place as Landlord may designate in writing to Tenant, as rent, exclusive of any other charge provided for to be paid by Tenant in this Lease. a. For each lease year, the sum of $3,200.00 per annum, payable on or before May 1, 1996. 5. Environmental Matters. Landlord represents and warrants that he/it has no knowledge of the presence or the release of any hazardous materials as defined under the state and Federal Environmental Protection Laws nor has Landlord received any notice of any such violations from any entity, including the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 6. Use of Premises. Tenant shall use the premises as a municipal parking lot during the term of the Lease. 7. Real Estate Taxes and Assessments. Landlord shall pay all real estate taxes and all installments of special assessments, and any taxes in lieu thereof, which may be levied upon or assessed against the property during the term of this Lease. 8. Care of Leased Premises: Maintenance and Repairs. Tenant shall maintain the Lease Premises in a clean and sanitary condition as its intended use as a municipal parking lot and shall be responsible to return the premises to Landlord at the conclusion of this lease in as good condition and repair as at the commencement of this lease. 9. Eminent Domain. If the Leased Premises, or such portion thereof as to render the balance unsuitable for the purposes of Tenant as hereinabove set forth, is taken by condemnation or the right of eminent domain or by private sale in lieu thereof to the potential condemning authority, either party shall be entitled to terminate this Lease upon written notice to the other within thirty (30) days after Tenant has been deprived of possession by such taking or sale. 10. Assignment or Sublease. Tenant may assign or transfer this Lease, or sublease the whole or any part of the Leased Premises, without the prior written consent of the Landlord. However, Tenant will remain liable to Landlord for any damage caused to the premises, or any personal injury or death occurring thereon during the period of this Lease. Provided, further, however, if assignee provides evidence of equal insurance coverage as required by Tenant by this Agreement, then Tenant shall be released from such liability. 11. Liability Insurance. Tenant shall maintain liability insurance on the premises naming Landlords as co-insureds in an amount not less than $600,000.00 during the term of this lease and shall hold the landlord harmless from any claims arising out of tenants use of the leased premises. Each of Landlord and Tenant hereby releases the other, to the extent of its insurance coverage, from any and all liability for any loss or damage caused by fire or any of the extended coverage casualties or any other casualty insured against, even if such fire or other casualty shall be brought about by the fault or negligence of the other party, or any persons claiming under it, provided, however, that this release shall be in force and effect only with respect to loss or damage occurring during such time as releasor's policies of fire and extended coverage insurance shall contain a clause to the effect that this release shall not affect said policies or the right of the releasor to recover thereunder. Except as provided above, nothing in this Lease shall be deemed to release either party hereto from liability for damages resulting from the fault or negligence of said party or its agents, except to the extent limited by state and/or Federal laws limiting governmental liability. 12. Relationshia of the Parties. Nothing contained in this Lease shall be eemed or constructed by the parties hereto or by a third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Landlord and Tenant, it being expressly understood and agreed that neither the method of computation of rent nor any other provisions contained in this Lease nor any act or acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of Landlord and Tenant. 13. Notices. All notices and communications of similar legal import from either Landlord or Tenant to the other, shall be in writing and shall be considered to have been duly given or served if sent by first class certified or registered mail, return receipt requested, postage prepaid, to the other party or parties at its address set forth below, or to such other address as such party may hereafter designate by written notice to the other party or parties: If to Landlord: Dwane Arndt 15822 Candy Cove Trail S.E. Prior Lake, Minnesota 55372 Merlin Arndt 603 7th st. NE Grand Rapids, MN 55744 If to Tenant: City of Prior Lake 16200 Eagle Creek Ave. Prior Lake, Minnesota 55372 14. Importance of Each Covenant. Each covenant and agreement on the part of one party is understood and agreed to constitute an essential part of the consideration for each covenant and agreement on the part of the other party. 15. Waiver. The receipt of rent by Landlord with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the obligations or covenants of this Lease shall not _~,'~,"~_,"""'~,'''','''4'.._ ," ...~....,.~.. ','d"'" "_'^ .".._...,...~",",",,,,,,,,_"-^ ,.,-''''.,,-~.~.._--~,_._-- III be deemed to be a waiver of any provIsIon of this Lease. Payment of rent by Tenant with knowledge of any breach of this Lease by Landlord of any default on the part of Landlord in the observance or performance of any of the obligations or covenants of this Lease shall not be deemed to be a waiver of any provisions of this Lease. No failure on the part of Landlord or Tenant, as the case may be, to enforce any obligation or covenant herein contained, nor any waiver of any right hereunder by Landlord or Tenant, as the case may be, unless in writing, shall discharge or invalidate such obligation or covenant or affect the right of Landlord or Tenant, as the case may be, to enforce the same in the event of any subsequent breach or default. 16. Invalidity. If any part of this Lease or any provision hereof shall be adjudicated to be void or invalid, then the remaining provisions hereof not specifically so adjudicated to be invalid, shall be executed without reference to the part or portion so adjudicated, insofar as such remaining provisions are capable of execution. 17. Governing Law. This Lease shall be subject to and governed by the laws of the state of Minnesota and all questions concerning the meaning and intention of the terms of this Lease and concerning the validity hereof and questions relating to performance hereunder shall be adjudicated and resolved in accordance with the laws of that State, notwithstanding the fact that one or more of the parties now is or may hereafter become a resident of a different state. 18. Definition of Landlord and Tenant Joint and Several Liability. The word "Landlord" and "Tenant" used herein shall include the plural thereof, and the necessary changes required to make the provisions hereof apply to corporations, partnerships, associations or men or women shall be construed as if made. If two or more parties are referred to collectively under one designation, the liability of each shall be joint and several. 19. Headin1s. The headings of the paragraphs and subparagraphs 0 this Lease are for convenience of reference only and do not form a part hereof and shall not be interpreted or construed to modify, limit or amplify such paragraphs and subparagraphs. 20. Parties in Interest. This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of Landlord. 21. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. A ' , / r/ _ :M-~~ /(,,&/-,if DWANE ARNDT, LANDLORD 1h.b~ CZZY'-Vtc- MERLIN ARNDT, LANDLORD CITY OF PRIOR LAKE By Mayor By City Manager TENANT LEASE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May, 1996, by and between Dwane Arndt and Merlin Arndt, (hereinafter referred to as "Landlord") and the city of Prior Lake, a municipal corporation organized and existing under the laws of the state of Minnesota (hereinafter referred to as "Tenant" ) . RECITALS Landlord presently owns certain property (herein after "Property") located in the City of Prior Lake, County of Scott, Minnesota as shown on Exhibit "A" attached hereto and made a part hereof. It is the intention and desire of the Landlord and Tenant to enter into a Lease Agreement whereby Tenant will lease said property from Landlord upon the terms and conditions set forth in this Agreement. IT IS MUTUALLY AGREED: 1. Recitals. The foregoing Recitals are made a part of this Agreement. 2. Leased Premises. Landlord hereby leases to Tenant and Tenant rents of and from Landlord the Property, subject to the terms and conditions of this Lease. 3. Term. The term of this Lease shall be for a period of twelve (l~onths, commencing on the 1st day of May, 1996, hereof and terminating on the 30th day of April, 1997, both dates inclusive. Provided however, that this Lease may be terminated at any time upon mutual written agreement of the parties. If the commencement date of the term hereof falls on a date other than the first day of a month, Tenant shall pay to Landlord on said date rental for the number of days remaining in the calendar month, including said first date computed at a daily rate of one-thirtieth (1/30) of the monthly rental hereinafter specified. "Lease year" shall mean the twelve (12) month period beginning on the first day of the term and each succeeding and consecutive twelve (12) month period thereafter. 4. Rent. Tenant shall pay to Landlord, payable at the address desIgnated in this Lease for service of notice upon Landlord, or at such other place as Landlord may designate in writing to Tenant, as rent, exclusive of any other charge provided for to be paid by Tenant in this Lease. a. For each lease year, the sum of $3,200.00 per annum, payable on or before May 1, 1996. 5. Environmental Matters. Landlord represents and warrants that he/it has no knowledge of the presence or the release of any hazardous materials as defined under the State and Federal Environmental Protection Laws nor has Landlord received any notice of any such violations from any entity, including the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 6. Use of Premises. Tenant shall use the premises as a municipal parking lot during the term of the Lease. 7. Real Estate Taxes and Assessments. Landlord shall pay all real estate taxes and all installments of special assessments, and any taxes in lieu thereof, which may be levied upon or assessed against the property during the term of this Lease. 8. Care of Leased Premises: Maintenance and Repairs. Tenant shall maintain the Lease Premises in a clean and sanitary condition as its intended use as a municipal parking lot and shall be responsible to return the premises to Landlord at the conclusion of this Lease in as good condition and repair as at the commencement of this Lease. 9. Eminent Domain. If the Leased Premises, or such portion thereof as to render the balance unsuitable for the purposes of Tenant as hereinabove set forth, is taken by condemnation or the right of eminent domain or by private sale in lieu thereof to the potential condemning authority, either party shall be entitled to terminate this Lease upon written notice to the other within thirty (30) days after Tenant has been deprived of possession by such taking or sale. 10. Assignment or Sublease. Tenant may assign or transfer this Lease, or sublease the whole or any part of the Leased Premises, without the prior written consent of the Landlord. However, Tenant will remain liable to Landlord for any damage caused to the premises, or any personal injury or death occurring thereon during the period of this Lease. Provided, further, however, if assignee provides evidence of equal insurance coverage as required by Tenant by this Agreement, then Tenant shall be released from such liability. 11. Liability Insurance. Tenant shall maintain liability insurance on the premises naming Landlords as co-insureds in the amount of $600,000.00 during the term of this Lease and shall hold the landlord harmless from any claims arising out of Tenants use of the Leased Premises. In no case does Tenant waive the protections and statutary limitations provided by Minnesota statutes 466.etsec. Landlord shall maintain liability insurance on the premises in an amount not less than $600,000.00 naming Tenant as additional insured. This requirement will be met by the VFW Club naming the City of Prior Lake as a co-insured under its policy which provides $1,000,000 liability coverage. The Landlord and Tenant each hereby releases the other, to the extent of its insurance coverage, from any and all liability for any loss or damage caused by fire or any of the extended coverage casualties or any other casualty insured against, even if such fire or other casualty shall be brought about by the fault or negligence of the other party, or any persons claiming under it, provided, however, that this release shall be in force and effect only with respect to loss or damage occurring during such time as releasor's policies of fire and extended coverage insurance shall contain a clause to the effect that this release shall not affect said policies or the right of the releasor to recover thereunder. Nothing in this Lease shall be deemed to release either party hereto from liability for damages resulting from the fault or negligence of said party or its agents, except to the extent limited by state and/or Federal laws limiting governmental liability. 12. Relationship of the Parties. Nothing contained in this Lease shall be deemed or constructed by the parties hereto or by a third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Landlord and Tenant. It shall be expressly understood and agreed that neither the method of computation of rent nor any other provisions contained in this Lease nor any act or acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of Landlord and Tenant. 13. Notices. All notices and communications of similar legal import from either Landlord or Tenant to the other, shall be in writing and shall be considered to have been duly given or served if sent by first class certified or registered mail, return receipt requested, postage prepaid, to the other party or parties at its address set forth below, or to such other address as such party may hereafter designate by written notice to the other party or parties: If to Landlord: Dwane Arndt 15822 Candy Cove Trail S.E. Prior Lake, Minnesota 55372 l1erlin Arndt 603 7th st. NE Grand Rapids, MN 55744 If to Tenant: City of Prior Lake 16200 Eagle Creek Ave. Prior Lake, Minnesota 55372 Attention: City Manager 14. Importance of Each Covenant. Each covenant and agreement on the part of one party is understood and agreed to constitute an essential part of the consideration for each covenant and agreement on the part of the other party. 15. Waiver. The receipt of rent by Landlord with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the obligations or covenants of this Lease shall not be deemed to be a waiver of any provlslon of this Lease. Payment of rent by Tenant with knowledge of any breach of this Lease by Landlord of any default on the part of Landlord in the observance or performance of any of the obligations or covenants of this Lease shall not be deemed to be a waiver of any provisions of this Lease. No failure on the part of Landlord or Tenant, as the case may be, to enforce any obligation or covenant herein contained, nor any waiver of any right hereunder by Landlord or Tenant, as the case may be, unless in writing, shall discharge or invalidate such obligation or covenant or affect the right of Landlord or Tenant, as the case may be, to enforce the same in the event of any subsequent breach or default. 16. Invalidity. If any part of this Lease or any provision hereof shall be adjudicated by a Court of competent jurisdiction to be void or invalid, then the remaining provisions hereof not specifically so adjudicated to be invalid, shall be executed without reference to the part or portion so adjudicated, insofar as such remaining provisions are capable of execution. 17. Governing Law. This Lease shall be subject to and governed by the laws of the state of Minnesota and all questions concerning the meaning and intention of the terms of this Lease and concerning the validity hereof and questions relating to performance hereunder shall be adjudicated and resolved in accordance with the laws of that State, notwithstanding the fact that one or more of the parties now is or may hereafter become a resident of a different state. 18. Definition of Landlord and Tenant Joint and Several Liability. The word "Landlord" and "Tenant" used herein shall include the plural thereof, and the necessary changes required to make the provisions hereof apply to corporations, partnerships, associations or men or women shall be construed as if made. If two or more parties are referred to collectively under one designation, the liability of each shall be joint and several. 19. Headings. The headings of the paragraphs and subparagraphs of this Lease are .for convenience of reference only and do not form a part hereof and shall not be interpreted or construed to modify, limit or amplify such paragraphs and subparagraphs. 20. Parties in Interest. This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of Landlord. 21. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. DWANE ARNDT, LANDLORD MERLIN ARNDT, LANDLORD CITY OF PRIOR LAKE By Mayor By City Manager TENANT