HomeMy WebLinkAboutContract 1683CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
I EASE A~REEMENT
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY
This lease agreement, made in duplicate this l*t day of July 2002 by and between NEI
COLLEGE OF TECHNOLOGY, hereinafter referred to as "Lessor", and CITY OF
COLUMBIA HEIGHTS, hereinafter referred to as "Tenant" or as "Lessee", for the
benefit of the Columbia Heights Parks and Recreation Commission.
Witnesseth:
That the Lessor in consideration of the rents and covenants hereinafter
mentioned, to be paid and performed by the Tenant, does hereby demise, lease, and
let unto the Tenant, and the Tenant does hereby hire and take from the Lessor, the
premises described herein situated in the City of Columbia Heights, County of Anoka,
State of Minnesota.
1. 13ascription of Premises The leased premises consists of the large
gymnasium located in the building known as NEI COLLEGE OF TECHNOLOGY,
located at 825 - 41st Avenue Northeast, Columbia Heights, Anoka County, Minnesota.
The large gymnasium is located on the west side of the building.
2. Times and Date~ of Rental The aforementioned large gymnasium is
leased by Lessor to the Tenant Mondays through Thursdays from 6:00 p.m. to 10:00
p.m. from September 1,2002, through May 31, 2003.
3. N:atHre of (3ceunancv Tenant shall use the facilities for basketball,
volleyball, and similar athletic activities suitable to a gymnasium.
4. Responsibilities of Lessor Lessor shall provide adequate heating,
lighting, so that the leased premises may be used by Tenant for its intended purpose.
Lessor shall permit Tenant to use the basketball baskets, scoreboards, and volleyball
standards now in place on the premises. Lessor shall provide routine maintenance and
cleaning services for the gymnasium.
5. Tenant's F~quipment Resnon~ihilities Tenant shall provide all equipment of
every kind needed for its use of the gymnasium except for those items for
which lessor is responsible pursuant to paragraph 4 above.
6. Tenant's lltilities Resrmnsihilities Tenant agrees to reimburse the Lessor,
on a pass through cost basis, for Lessor's out of pocket utility expenses monthly. The
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
cost is as follows: The West Gym $'!9.05 per hour. These charges will be reviewed
yearly. The base year for the utility expenses is 1994195. Any increases above the base
year will be passed on.
7. Tenant'R ~.vm Flnnr Re~p~3n~ihilifie~ Tenant acknowledges that they are
the primary user of the Gyms. Accordingly the Tenant will be responsible for sharing
the cost of resurfacing the wooden gym floors with the Lessor and the other primary
user of the gyms, Columbia Heights School District 13. The Tenant and Columbia
Heights School District 13 shall share in the cost of the resurfacing supplies (i.e.,
polyurethane) on a pro rata basis, and the Lessor shall provide the labor and
equipment to perform the resurfacing.
8. ,~.t~3~3ds~ Tenant covenants that it will provide adequate adult
supervision of all activities at all times it is leasing the leased premises and they will
enter and exit thru the Main Entrance on the South East end of the Building.
Participants will have use of the West Gym and bathrooms on the West end of the
building on the Second Floor only. They must confine themselves to that area. Tenant
covenants that Adult Supervision will arrive 10 minutes before participants. Tenant
covenants that said supervisors will display proper Identification and a verifiable roster
of participants.
9. Ten~nt'~ R~.non.~ihilit.v fro' [3~m~o~ Tenants shall be responsible for the
costs of repair of any damages occurring to the gymnasiums and lockers during its
leasing of the same, excepting normal wear and tear. Tenant shall promptly notify
Lessor of any damage that occurs dudng Tenant's use of the leased premises. Lessor
shall promptly notify Tenant of any damage which Lessor observes and which occurred
during the use of the leased premises by Tenant. Lessor shall repair such damage and
bill the cost of said repair to Tenant, who shall promptly pay the same. Tenant further
covenants and agrees not to waste or misuse water, electricity, or any other utility
which is or may be furnished by Lessor.
10, P. ornpli~nr~ with I ~w~ Tenant covenants that it will not use said leased
premises or permit the same or any part thereof to be used for any purpose or in any
way contrary to the laws, ordinances, or regulations of the United States of America,
the State of Minnesota, or the City of Columbia Heights, or of any boards or officers of
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
said city.
11. ~onditinn of Pr~.mis~es Tenant acknowledges the receipt of the demised
premises and the same to be in good and sanitary condition, and in good repair, and
the taking of possession of the demised premises by the Tenant shall be conclusive
evidence that the' demised premises and all equipment, plumbing fixtures, and other
items appurtenant thereto, were in good clean and tenantable condition and in ali
respects were satisfactory and acceptable to Tenant, at the time Tenant took
possession of the lease premises.
12. ~ Tenant agrees not to sublease the demised premises, or any
part thereof, or assign this lease or any interest therein, or permit any such lease to
become transferred by operation of law or otherwise, and Tenant agrees that no act or
acts will be done or permitted whereby the same may be or become sublet or assigned
in whole or in part, unless the written consent of the Lessor endorsed thereon is first
obtained in each and every case of subletting or assignment. The Lessor shall have
sole and absolute discretion to refuse or approve any particular subletting or
assignment.
13. [i~hilif.v c)f I agm3r ~ncl Tanant Tenant agrees that the Lessors shall not
be liable for any damage, either to persons or to property or the loss of property
sustained by the Tenant or by any other person, arising out of the state of repair of or a
defect in the leased premises, or due to any accident, or due to the actions or
negligence of the Tenant. Tenant covenants that it will purchase at its own expense
general liability insurance in the amount of at least $500,000.00 per person and
$1,000,000.00 per occurrence, which insurance will 'cover any person or persons in or
on or using the leased premises during the time the leased premises are used by
Tenant. Said policy shall name NEI College of Technology as an additional insured
under said policy. A copy of said policy containing the endorsement will be provided to
NEI College of Technology prior to the commencement of Tenant's use of the lease
premises.
14. ~ Any notice from Lessor to the Tenant will be served on the
Tenant by mail as follows:
City of Columbia Heights
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
590 - 40th Avenue N.E.
Columbia Heights, MN 55421
with a copy to:
Attn: Jim Hoeft
Barna, Guzy, & Steffen LTD
400 Northtown Financial Plaza
200 Coon Rapids Blvd.
Mpls., MN 55433
Any notice from the Tenant to the Lessor shall be served on Lessor by mail as follows:
NEi College of Technology
825 - 41st Avenue NE.
Columbia Heights, MN 55421
with at copy to:
Jerrod F. Bergfalk, Esq.
Lindquist & Vennum
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
15. ~ It is' further agreed between Lessor and the Tenant that if during the
term of the lease the leased premises shall be damaged or destroyed by fire or the
elements, or through any other cause, so as to render the leased premises unfit for
Tenant's use of the leased premises as stated herein, or to such an extent that the
premises cannot be repaired with reasonable diligence within thirty days from the
occurrence of such damage, then the Lessor may terminate this lease and the Tenant
shall immediately surrender the demised premises and all interest therein to the
Lessor. If, however, the leased premises is not rendered unfit for use by the Tenant for
its activities as a result of said damages, then the Lessor shall repair the same with
reasonable promptness.
16. OL~iet E~3.vrnent The lessor agrees and covenants that the Tenant shall
and may peaceably and quietly have, hold and enjoy said leased premises for the term
of this lease as set forth herein.
17. Right ~3f R~ntrv Lessor and Tenant agree that this lease is made upon
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
the condition that if the Tenant shall neglect or fail to keep, observe, and perform any of
the covenants and agreements contained in this lease which it is obligated to keep,
observe, or perform, or if the leasehold interest of the Tenant shall be taken on
execution or other process of law, or if the Tenant shall cease to exist as a legal entity,
or if the Tenant shall vacate said premises or abandon the same during the term of this
lease, then and in any of said cases the Lessor may at its election, and upon written
notice to the Tenant, declare this lease forfeited and void, and may thereupon reenter
and take full and absolute possession of said premises as the owner thereof, free from
any right or claim of the Tenant or any person or persons claiming through or under the
Tenant; and such reentry shall be and constitute an absolute bar to any right by the
Tenant.
18. Aet,.n.~ ha Pr~rni~ Tenant shall have access to the premises at hours,
pursuant to paragraph 2 above, necessary for it to carry on its occupancy thereof. The
Lessor shall designate the entrances, stairways, and halls of the building in which the
leased premises are located which Tenant shall use in entering and leaving the leased
premises. The use of such entrances, stairways, and halls shall not be exclusive, nor
shall it be unreasonable in nature.
19. Right of in.~neetinn The Lessor shall at ali times have the right to enter
upon the leased premises to inspect their condition and, at its election, to make
reasonable necessary repairs thereon for the protection and preservation thereof.
20. Rnnt As and for rent for the premises, Tenant shall pay to Lessor the
sum of $1.00 on or before July 1.
21. Hsn nf ~ymn~a.~itJm.~ After May 31, 2003. This lease terminates
unconditionally and absolutely as of the end OF May 31, 2003. However
conditions permitting, Lessor expresses its willingness to negotiate with
Tenant upon the termination of this lease, for a new lease of the premises
for the period from September 1, 2003 to May 31, 2004.
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands
the day and year first above written.
NEI COLLEGE OF TECHNOLOGY,
Lessor
Charles R. Dettmann
President
CITY OF COLUM~'~IGHTS,
G~-ry Pet~rs~n
Mayor
Walt Fehst
City Manager