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HomeMy WebLinkAboutContract 1846 LEASE THIS INDENTURE of lease, dated as of the 29day of June, 2005 by and between the Columbia Heights Economic Development Authority, hereinafter referred to as "Landlord", and The Ryland Group Inc., A Maryland Corporation, hereinafter referred to as "Tenant". "Leased Premises" - The land located at 3939 Central Avenue NE in the City of Columbia Heights, County of Anoka and State of Minnesota. 1. Term. In consideration of Tenant's performance of Tenant's obligations under this Lease, Landlord hereby leases the Leased Premises to Tenant for a term commencing on the date hereof (the "Commencement Date") and expiring on the 31 day of January 2006 (the "Expiration Date"), unless sooner terminated for Tenant's default as provided for in this Lease. 2. Termination. This Lease may be terminated by the Landlord upon 30 days' written notice to the Tenant of Tenant's default. 3. Rent. Tenant shall pay rent at the rate of $1 per month. Landlord shall renmd any rent on a per diem basis upon Tenant's early surrender of the Leased Premises. In the event Tenant holds over, without waiving any other remedy or rights, Landlord shall receive rent at the rate of $1 per month during such holdover period as Additional Rent. 4. Security Deposit. Tenant shall place a security deposit of $3,000 with the Landlord upon execution of the Lease. 5. Tenant shall use the Leased Premises for location of a temporary sales trailer as set forth on Exhibit A attached hereto and made a part hereof and for no other purpose. Tenant shall comply with all applicable laws, ordinances and governmental regulations affecting the Leased Premises and the use of the Leased Premises. 6. Tenant shall pay its own charges for telephone service and all other charges for water and sewer, garbage and refuse removal, electricity, natural gas, fuel oil and any other utility services furnished to the Leased Premises, and all other costs associated with the use, operation and management of the Leased Premises during the term of the Lease. 7. Tenant shall not make any additions or improvements in or to the Leased Premises other than as set forth in Exhibit A without Landlord's pri,or written consent. Upon its vacation of the Leased Premises, Tenant shall remove all installations, physical additions or improvements, leasehold improvements, trade fixtures, equipment, inventory, and materials on the Leased Premises, which were used or produced by Tenant on the Leased Premises in connection with Tenant's use. 8. Tenant shall hold Landlord harmless from and indemnify and defend Landlord against any claim or liability arising in any manner from Tenant's use, improvement or occupancy of the Leased Premises, or relating to the death or bodily injury to any person or damage to any Leased Premises present on or located in or upon the Leased Premises, including the person and Leased Premises of Tenant's employees and all persons in or upon the Leased Premises at Tenant's invitation or sufferance. All personal property kept, maintained or stored on the Leased Premises shall be kept, maintained or stored at the sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Leased Premises, and not furnished on order of Landlord, which may be secured by any mechanic's, materialmen's or other lien. . Tenant may contest such lien, on the condition that Tenant first provide to Landlord cash, bond, or other security against such lien which Landlord reasonably determines to be sufficient. 9. Waiver of Claims: Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Tenant improvement located in, upon or about the Leased Premises resulting from fire, explosion or the other perils, whether caused by the negligence of any said persons or otherwise. 10. Tenant shall, at its expense during the term of this Lease, keep in full force and effect a policy or policies of "occurrence" based commercial general liability insurance, providing coverage for bodily injury, property damage, personal injury, and contractual liability, on terms and with companies acceptable to Landlord. Such Policy or Policies shall name both Tenant and Landlord as insured parties and shall have combined policy limits in amounts not less than $1,000,000. Such policy or policies shall provide that thirty (30) days' written notice must be given to Landlord prior to cancellation thereof. Tenant shall furnish evidence satisfactory to Landlord at the time this Lease is executed that such coverage is in full force and effect. 11. Tenant agrees not to further sublet any portion of the Leased Premises or to transfer or assign this Lease without obtaining the prior written consent of Landlord, which consent Landlord may grant or deny at Landlord's sole discretion. Landlord's right to assign this Lease is and shall remain unqualified. Tenant's assignment of this Lease or subleasing of the Leased Premises shall not relieve Tenant from any of Tenant's obligations under this Lease. 12. If Tenant remains in possession of the Leased Premises after the expiration or termination of this Lease and without the execution of a new Lease, it shall be deemed to be occupying said Leased Premises as a Tenant at sufferance, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a tenancy at sufferance, including but not limited to the duty to pay Additional Rent. 13. Upon expiration or termination ofthis Lease, Tenant shall peaceably surrender the Leased Premises, and shall, at its expense, remove all improvements from the Leased Premises which were installed by Tenant, so long as such removal will cause no injury to the Leased Premises. Tenant further agrees that upon expiration or termination of this Lease, Tenant shall return the Leased Premises to its previous condition immediately prior to the Commencement Date. 2 14. Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Leased Premises at all times, without interrupting or interfering with Tenant's business activities, for the purpose of inspecting the same as may be desired by Landlord. 15. Events Of Default: The occurrence of anyone or more of the following events shall constitute an Event of Default: (1) Tenant's failure to pay rent when due; (2) Tenant's failure to maintain the insurance required herein, which failure remains uncured following Landlord's written notice to Tenant of Tenant's failure to perform such obligation; (3) Tenant's attempt to sublet any portion of the Leased Premises, or assign its interest under this Lease, without the prior written consent of Landlord; (4) Tenant's failure to fully perform any of Tenant's obligations, which failure remains uncured following Landlord's written notice to Tenant of Tenant's failure to perform such obligation; or 16. Landlord's Remedies: If an Event of Default occurs, Landlord shall have the following remedies; (1) Landlord may terminate this Lease by written notice to Tenant in which case Tenant shall vacate the Leased Premises in accordance with Section 13. Neither the passage of time after the occurrence of an Event of Default nor Landlord's exercise of any other remedy with regard to such Event of Default shall limit Landlord's right to terminate the Lease by written notice to Tenant. (2) Landlord may, whether or not Landlord has elected to terminate this Lease, immediately commence summary proceedings in Unlawful Detainer to recover possession of the Leased Premises. In the event of the issuance of a Writ of Restitution in such proceeding, upon Landlord's reentry upon and repossession. of the Leased Premises, Landlord may remove Tenant and all other persons from the Leased Premises (subject to Tenant's right to remove its improvements pursuant to Section 13). In the event Landlord reenters the Leased Premises pursuant to this paragraph and Tenant fails to remove its improvements, all improvements not removed by Tenant shall be deemed abandoned, and title thereto shall transfer to Landlord upon Tenant's vacation of the Leased Premises. (3) In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement upon demand of all reasonable attorneys' fees which Landlord incurs in connection with any Event of Default. (4) Landlord may initiate legal proceedings to enforce the provisions of this Lease. 3 No remedy provided for herein or elsewhere in this Lease or otherwise available to Landlord by law, statute or equity, shall be exclusive of any other remedy, but all such remedies shall be cumulative and may be exercised from time to time and as often as the occasion may arise. 17. Landlord's Disclaimer of Warranty: Landlord disclaims any warranty that the Leased Premises is suitable for Tenant's use. 18. Relationship of Landlord and Tenant: The Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationships between the parties hereto being that of Landlord and Tenant under this Lease. 19. Waiver: No waiver of Landlord's remedies upon the occurrence of an Event of Default shall be implied from any omission by Landlord to take any action on account of such Event of Default, and no express waiver shall affect any Event of Default other than the Event of Default specified in the express waiver and such an express waiver shall be effective only for the time and to the extent expressly stated. One or more waivers by Landlord shall not then be construed as a waiver of a subsequent Event of Default. 20. Choice of Law: The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease. 21. Time: Time is of the essence in the performance of all obligations under this Lease. 22. Entire Agreement and Amendment: This Lease and the Exhibit attached hereto and forming a part hereof, constitute the entire agreement between Landlord and Tenant affecting the Leased Premises and there are no other agreements, either oral or written, between them. No subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and executed in the same form and manner in which this Lease is executed. (signatures on following page) 4 IN WITNESS WHEREOF, the Landlord and the Tenant have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. Dated: rk.-2-? ,2005 LANDLORD: Columbia Heights Economic Development Authority By: dfftLr Walt Fehst, Executive Director ~-l:~ JL Don Murzyn, Pres' t / By: Dated: ,2005. TENANT: Ryland Homes By: By: 288443_1 5 h'! 'N1TI~~rESS \\I1-IEREOF~ w.1.€ Landlord !h~d the T~nant hav~ caused tllese presents to be executed in form and manner sufficient to bind them at law, as of the day and year fIrst above written. Dated: ,2005 LANDLORD: Columbia Heights Economic Development Authority By: Walt Fehst, Executive Director By: Don Murzyn, President Dated: 1/40<' ,2005. TENAi'\TT: The Ryla.'lld Group, Inc. ~ By: By: 288443_] :)