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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