HomeMy WebLinkAboutContract 1811 R IvTAG E ?RO?ERTY
ESTMENT TRUST,
Corporate Office: 131 Dartmouth Street, Boston, Massachnsetts 02116
Telephone: (617) 247-2200 · Fax: (617) 266-0885 · Legal Dept. Fax: (617) 267-4557
www. heritagerealty, com
VIA UPS 2"d DAY DELIVERY
Tracldng # 1Z Fl7 676 02 9338 7553
November 15, 2004
Mr. Larry Scott
City of Columbia Heights
4340 Central Avenue NE
Columbia Heights, MN 55421
Re:
Second Amendment to Lease
Top Valu Liquor
Central Valu Center-~Columbia Heights, MN
Dear Larry:
We are pleased to enclose herewith, one (1) fully executed original of the above
referenced Agreement.
Should you have any questions or if we can be of any assistance, please do not hesitate to
contact Patrick Borgrnan in our Roseville, MN Office at 651-631-0340.
Sincerely,
HERITAGE PROPERTY I]~STMENT TRUST, INC.
Evan Remash
Lease Coordinator
Enclosure
CC:
OLSA (w/original)
Tenant File (w/copy)
F:\Data\WP\GURIANkBRADLEY\Central Value\Top LiquorXAmendmentl.x~pd
10-27-04
SECOND AMENDMENT TO IJEASE ~
This Second Pdnendment to Lease ("Amendment") is made as of the ;~ day of ~ctTrbL~,
.9004 by and between BRADLEY OPERATING LIMITED PARTNERSHIP, a Delaware limited
parmership ("Landlord") and CITY OF COLUMBIA HEIGHTS ("Tenant"), dbaTop Valu Liquor.
WlTNESSETH
Whereas, Tenant and Landlord entered into that certain lease dated September 13,1984,
which lease was amended on August 25, 1997 and September 22, 1999 (collec6vely the "Lease") for
11,838 square feet of space ("Premises") in the Central Valu Mall Shopping Center, Columbia
Heights, Minnesota ("Shopping Center"); and
Whereas, the term of the Lease will expire on December 31, 2004; and
Whereas, Tenant mad Landlord desire to modify and amend the Lease by extending the term
through February 29, 2008.
Now, Therefore, in consideration of ten and no/100 ($10.00) dollars and other good and
valuable consideration, the receipt and sufficiency of which are herein acknowledged, Landlord and
Tenant agree as follows:
1. The recitals set forth above are restated by this reference.
2. Extension of Tenn. The term of the Lease is hereby extended for thirty eight (38)
calendar months) beginning January 1, 2005 and expiring on February 29, 2008 (the "Extended
Term") unless sooner terminated in accordance with the provisions of the Lease.
3. MJllimnm Rent. Duringthe Extended Term, and Option Period, if exercised, Tenant
covenants and agrees to pay minimum rent to LandlOrd, in monthly installments, in advance, as
follows:
Period PSF Annually Monthly
1-1-05 through 2-29-08
$7.85 $92,928.30 $7,744.03
Option Period
3-1-08 through 2-28-11
$8.64 $102,280.32 $8,523.36
4. Other Charges. During the Extended Term, and Option Period, ffexercised, Tenant
covenants and agrees to pay Landlord all other amounts due and payable by Tenant to Landlord in
accordance with the terms of the Lease.
5. Option to Extend Term. Tenant, by umitten notice given to Landlord no later than
September 1, 2007, shall have the option to extend the term of the Lease for an additional thirty six
(36) calendar months beginning March 1, 2008 and expiring February 28, 2011 (the "Option Period"),
pursuant to all of the terms, covenants, and conditions of the Lease and this Amendment, and at the
minimum rent set forth in tlfis Amendment, provided that at the time the notice hereinabove referred
to is given and at the time the Option Period commences, Tenant is not mater/ally in default
hereunder.
6. No More Options. Notwithstanding anything to the contrary contained in the Lease,
and except as set forth in Section 5 above, Tenant shall have no further right or option to extend the
term of the Lease.
7. This Amendment is to be read consistently with the terms and provisions of the Lease.
In the event of any conflict between this Amendment and the Lease, this Amendment will control.
8. Except as modified and amended herein, the Lease is hereby restated by this reference
and deemed to be in full force and effect.
9. The Lease and this Amendment set forth all the covenants, promises, agreements,
conditions and understandings between Landlord and Tenant concerning the Premises and there are
no covenants, promises, agreements, conditions or understanding, either oral or written, between them
other than as are therein set forth. No subsequent alteration, amendment, change or addition to the
Lease or this Amendment shall be binding upon Landlord or Tenant unless reduced to writing and
signed by them.
In Wimess Whereof, Landlord and Tenant have executed tiffs Amendment as of the date first
above written.
LANDLORD:
BRADLEY OPERATING LIMITED
PARTNERSHIP, a Delaware Limited Parmership
By: Heritage-Austen Acquisition, Inc., a Maryland
corporation its general parmer
By: ~[
TENANT:
CITY OF COLUMBIA HEIGHTS.
.
By: /-¢~ '~~~" Walter Fehst
Its: City Manaqer
By ~
Its:
LAW OF:FlOES OF
BEOKER ~ ~URIAN
October 27, 2004
513 CENTRAL AVENUE, SUITE 400
HIGHLAND PARK, ILLINOIS 60035-3264
TELEPHONE 847/433-2442
FAX 847/433-2025
www. beckergurian.com
JEFFrmY B. GUR~AN
Je ff(~beckergurian.com
Via Federal Express
Mr. Lan7 Scott
City of Colmnbia Heights
4340 Central Avenue NE
Colmnbia Heights, MN 55421
Re: Top Valu Liquor, Central Valu, Colurnbia Heights, Minnesota
Dear Mr. Scott:
At the direction of Pat Borgmaan, I have enclosed two (2) execution copies of the revised
Lease Amendinent. I have also enclosed a redlined version of the amendment showing the changes
from the prior draft.
If the enclosed meets with your approval, kindly have both executed on behalf of the tenant
and return them to me for signature by the landlord.
JBG:drb
Enclosures
Please note that our client has not yet had an opportunity to reviexv the enclosed and until an
amendment is signed by the landlord, and delivered to the tenant, it may be withdrawn, modified or
amended any thne.
cc: Pat Borgnnan (~v/encl.)
F:\Data\~gOT\GURI?~2q'\BRADLEY\Central Value\Top Liquor'\Scott ltr.wpd
F:~Data\WP\GU Central Value\Top Liquor~rnendment!.wpd
This Second Amendment to Lease ("Amendment") is made as of the ~ day of~
2004 by and between BRADLEY OPERATING LIMITED PARTNERSHIP, a Delaware limited
partnership ("Landlord") and CITY OF COLUMBIA HEIGHTS ("Tenant"), dbaTop Valu Liquor.
W'ITNESSETH
Whereas, Tenant and Landlord entered into that certain lease dated September 13,1984,
which lease was amended on August 25, 1997 and September 22, 1999 (collectively the "Lease") for
11,838 square feet of space ("Premises") in the Central Valu Mall Shopping Center, Columbia
Heights, Minnesota ("Shopping Center"); and
Whereas, the term of the Lease will expire on December 31, 2004; and-
Whereas, Tenant and Landlord desire to modify and amend the Lease by extending the term
through February 29, 2008.
Now, Therefore, in consideration of ten and no/100 ($10.00) dollars a~nd other good and
valuable consideration, the receipt and sufficiency of which are herein acknowledged, landlord and
Tenant agree as follows:
1. The recitals set forth above are restated by this reference.
2. Extension of Term. The term of the Lease is hereby extended for thirty eight (38)
calendar months) beginning january 1, 2005 and expiring on February 29, 2008 (the "Extended
Term") unless sooner terminated in accordanCe with the provisions of the Lease.
3. Minimum Rent. During the Extended Term, and Option Period, if exercised, Tenant
covenants and agrees to pay minimum rent to Landlord, in monthly installments, in advance, as
/?~I1 .....
IL)llOWS;
Period PSF Annually Monthly
1-1-05 through 2-29-08
$7.85' $92,928.30 $7,744.03
Option Period
3-1-08 through 2-28-11
$8.64 $102,280.32 $8,523.36
covenants and agrees to pay Landlord all other amounts due and payable by Tenant to Landlord in
accordance with the terms of the Lease.
5. Option to Extend Term. Tenant, by written notice giverr to Landlord no later than
September 1, 2007, shall have the option to extend the term of the Lease for an additional thirty six
(36) calendar months beginning March 1, 2008 and expiring Febmap? 28, 2011 (the "Option Period"),
pursuant to all of the terms, covenants, and conditions of the Lease and this Amendment, and at the
minimum rent set forth in this Amendment, provided that at the time the notice hereinabove referred
to is given and at the time the Option Period commences, Tenant is not materially in default
hereunder.
6. No More Options. Notwithstanding anything to the contrary contained in the Lease,
and except as set forth in Section 5 above, Tenant shall have no further right or option to extend the
term of the Lease.
7. This Amendment is to be read consistently with the terms and provisions of the Lease.
In the event of any conflict between this Amendment and the Lease, this Amendment will control.
8. Except as modified and amended herein, the Lease is hereby restated by this reference
and deemed to be in full force and effect.
9. The Lease and this Aanendment set forth ail the covenants, pro.mises, agreements,
conditions and understandings between Landlord and Tenant concerning the Premises and there are
no covenants, promises, agreements, conditions or understanding, either oral or written, between them
other than as are therein set forth. No subsequent alteration, amendment, change or addition to the
Lease or this Amendment shall be binding upon Landlord or Tenant unless reduced to writing and
signed by them. '
2
In Wimess Whereof, Landlord and Tenant have executed this Amendment as of the date fn'st
above written.
LANDLORD:
BRADLEY OPERATING LIMITED
PARTNERSHIP, a Delaware Limited Parmership
By: Heritage-Austen Acquisition, Inc., a Maryland
corporation its general partner
By: ~ient
TENANT:
CITY OF COLUMBIA HEIGHTS.
By: /~~~-~ "' Walter Fehst
Its: City Manaqer
By: '
Its: Mayor ~ .~~
Jpli, enne Wy.c~o ff
F:\Data\X'VP\GURIAN\BRADLEY~CenU~al Value\Top Liquor~mendmentl.wpd
10-207-04
MARKED TO SHOW
CHANGES FROM
DRAFT DATED./o.' o,o
SECOND AMENDMENT TO I,EASE
Tlfis Second Amendment to Lease ("Amendment") is made as of the .... day of October,
2004 by ,and between BRADLEY OPERATING LIMITED PARTNERSHIP, a Delaware limited
partnership ("Landlord") and CITY OF COLUMBIA HEIGHTS ("Tenant"), dbaTop Valu Liquor.
WlTNESSETH
Whereas, Tenant and Landlord entered into that certain lease dated September 13,1984,
wlzich lease was ,amended on August 25, 1997 and September 22, 1999 (collectively the "Lease") for
11,838 square feet of space ("Premises") in the Central Valu Mall Shopping Center, Columbia
Heights, Minnesota ("Shopping Center"); mad
Whereas, the term of the Lease will expire on December 31, 2004; ,and
Whereas, Tenant and Landlord desire to modify and amend the Lease by extending the term
fln-ough~,~.,m~,,~~" ..... ~ .... 31 February 29, 200-78.=
Now, Therefore, in consideration of ten and no/100 ($10.00) dollars and other good mad
valuable consideration, the receipt mad sufficiency of which are herein acknowledged, Landlord mad
Tenant agn~ee as follows:
1. The recitals set forth above are restated by this reference.
2. Extension of Term. The term of the Lease is hereby extended for thirty .,rixeigl'~t (36_8_)
calendar months) beginning January 1, 2005 and expiring on Dcccnibcr 3 I Februarv 29, 200F__8 (the
"Extended Term") unless sooner terminated in accordance with the provisions of the Lease.
3. Minimum Rent. During the Extended Terin, and Option Period, if exercised, Tenant
covenants and agrees to pay minimum rent to Landlord, in monday installments, in advance, as
follows:
Period PSF Annually Monthly
1-1-05 through 12-31-072-29-08
$7.85 $92,928.30
$7,744.03
Option Period
$8.64 $102,280.32
$8,523.36
4. Other Charges. During the Extended Term, and Option Period, if exercised, Tenant
covenants and agrees to pay Landlord ~ other mounts due and payable by Tenant to Landlord in
accordance with the terms of the Lease.
,5. Option to Extend Term. Tenant, by written notice given to Landlord no later than
September 1, 2007, shall have the option to extend the term of the Lease for an additional thirty six
(36) calendar months beginning~mm'aryM;~rch 1, 2008 and expiring Dcccnibcr 3 IFebruarv 28, 20101
(the "Option Period"), pursuant to all of the terms, covenants, and conditions of the Lease and this
Amendment, and at the mh~imum rent set forth in this Amendment, provided that at the time the
notice hereinabove referred to is given and at the time the Option Period commences, Tenant is not
materially in default hereunder.
6. No More Options. Notwithstanding anything to the contrary contained in the Lease,
and except as set forth in Section 5 above, Tenant shall have no further right or option to extend the
term of the Lease.
7. Tlfis Amendment is to be read consistently with the terms and provisions of the Lease.
In the event of any conflict between this Amendment and the Lease, fltis Amendment will control.
8. Except as modified and amended herein, the Lease is hereby restated by fids reference
and deemed to be in full force ,and effect.
9. The Lease and tiffs Amendment set forth all the covenants, pronfises, agreements,
conditions and understandings between Landlord and Tenant concerning the Premises and there are
no covenants, promises, agreements, conditions or understanding, either oral or written, between them
other than as are therein set forth. No subsequent alteration, ,amendment, change or addition to the
Lease or this Amendment shall be binding upon Landlord or Tenant unless reduced to vn'iting and
signed by them.
i)~tyiiic*it ' c ...... ~ ") ........... ' tl T
In Wimess Whereof, Landlord ,'md Tenant have executed this Amendment as of the date first
above mitten.
LANDLORD:
BRADLEY OPERATING LIMITED
PARTNERSHIP, a Delaware Limited Parmership
By: Heritage-Austen Acquisition, Inc., a Maryland
corporation its gener~ parmer
By:
Louis Zicht, Vice President
TENANT:
CITY OF COLUMBIA HEIGHTS.
By:
Its:
WordPerfect Document Compare Summary
Original document: F:~Data~WP~GURIAN~BRADLEY~Central Value,Top
Liquor~Amendment.wpd
Revised document: F:~Data~WP~GURIAN~BRADLEY~Central Value,Top
Liquor~Amendmentl.wpd
Deletions are shown with the following attributes and color:
~-Pk~, Blue RGB(0,0,255).
Deleted text is shown as full text.
Insertions are shown with the following attributes and color:
Double Underline, Redline, Red RGB(255,0,0).
The document was marked with 14 Deletions, 13 Insertions, 0
Moves.