HomeMy WebLinkAboutContract 1586 • _ NEI
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COLLEGE OF TECHNOLOGY
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
LEASE AGREEMENT
CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY
This lease agreement, made in duplicate this 10th day of January, 2001, 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. Description of Premises The leased premises consists of both the large and small
gymnasiums 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 and the small gymnasium is located on the
east side of the building.
2. Times and Dates of Rental The aforementioned large and small gymnasiums are
leased by Lessor to the Tenant Mondays through Thursdays from 6:00 p.m. to 10:00 p.m. from
September 1, 2000, through May 31, 2002.
3. Nature of Occupancy 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, and hot
and cold running water for the leased premises, 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 gymnasiums.
5. Tenant's Equipment Responsibilities 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 Utilities Responsibilities Tenant agrees to reimburse the Lessor, on a pass
825 41ST AVE NE 1 COLUMBIA HEIGHTS 1 MN 55421 -2974 1 TELE 763.781.4881 1 FAX 763.782.7329 1 TOLL -FREE 800.777.7634 1 WWW.NEICOLLEGE.ORG
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CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
through cost basis, for Lessor's out of pocket utility expenses monthly. The cost is as follows:
The East Gym $4.30 per hour; the West Gym $8.30 per hour. These charges will be reviewed
yearly. The base year for the utility expenses is 1994/95. Any increases above the base year will be
passed on.
7. Tenant's Gym Floor Responsibilities 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. Supervisor Tenant covenants that it will provide adequate adult supervision of all
activities at all times it is leasing the leased premises.
9. Tenant's Responsibility for Damage 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
during 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. Compliance with Laws 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 said city.
11. Condition of Premises 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 all respects were satisfactory and acceptable to Tenant, at
the time Tenant took possession of the lease premises.
12. Subleasing Tenant agrees not to sublease the demised premises, or any part
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CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
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. Liability of Lessor and Tenant 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 $200,000.00 per
person and $600,000.00 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. Notice Any notice from Lessor to the Tenant will be served on the Tenant by
mail as follows:
City of Columbia Heights
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 N.E.
Columbia Heights, MN 55421
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CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
with at copy to:
Jerrod F. Bergfalk, Esq.
Lindquist & Vennum
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
15. Fire 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. Quiet Enjoyment 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 of Reentry Lessor and Tenant agree that this lease is made upon 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. Access to Premises Tenant shall have access to the premises at all hours
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
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CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT
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 Inspection The Lessor shall at all 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. Rent As and for rent for the premises, Tenant shall pay to Lessor the sum of
$1.00 on or before July 1.
21. Use of Gymnasiums After May 31, 2002. This lease terminates unconditionally
and absolutely as of the end of May 31, 2002. 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, 2002 to May 31, 2003.
IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands the day
and year first above written.
NEI COLLEGE OF TECHNOLOGY, CITY OF COLUMBIA HEIGHTS,
Lessor Tenant
By B ,rl�► . /_ �
Charles R. ettmann Gary Peters •
President Mayor
B _ t, ' / 7 / �� _
J old F. By 9� -,f `'
ecretary Walt F st
City Manager
By 01
Pr : ved as to +.-
City Attorne
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