HomeMy WebLinkAbout2001 06-25 City Council Manager Workshop PacketCITY COUNCIL /MANAGER WORKSHOP
Monday, June 25, 2001
Council Chambers, City Hall
6:00 p.m.
AGENDA
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. NEW BUSINESS
1. Discussion of Bruentrup Farm
2. Family Service Center — Conditional Use Permit Status
E. FUTURE TOPICS
None
F. ADJOURNMENT
AGENDA ITEMNOw... I .�,.... i
MEMORANDUM
TO: City Manager
FROM: Melinda Coleman '
SUBJECT: Bruentrup Farm
DATE: June 19, 2001
INFORMATION
Staff would like to review with the City Council, the lease agreement with the Historical Society,
for the use of the Bruentrup Farm. The agreement indicates that the City of Maplewood will not
incur costs associated with the operations and maintenance of the property and bui ldings . Since
the buildings have been re- located, many city resources have been provided. These costs have
been incurred primarily by the public works and parks and recreation departments but have not
been included in their respective budgets or billed back to the Historical Society. The Community
Oriented Services Coordinator has also provided some staff support over the last year.
Bruce Anderson and Chuck Ahl will attend the council/manager workshop to review what these
costs have been to date.
REQUESTED ACTION
This has been placed on the council/manager workshop agenda primarily to share information
about the amount of city resources utilized at the Farm. Staff is looking for guidance as to
whether or not we should continue these services and if this is something we should include in the
budget for 2002.
ATTACHMENT: Lease Agreement
LEASE AGREEMENT
THIS LEASE dated this day of by and between:
City of Maplewood,
a municipal corporation,
(hereinafter referred to as the "Lessor ")
and
Maplewood Historical Society,
a non - profit corporation,
(hereinafter referred to as the "Lessee ").
WITNESSETH: That the Lessor does hereby let and rent unto Lessee and Lessee does hereby
hire and take from Lessor and upon the terms, covenants and conditions hereinafter specified, the premises
known as
The Bruentrup Farm
The premises shall also include parking areas, driveways, sidewalks and other walkways and
landscaped areas that is further described in Exhibit A and depicted on the map, attached as Exhibit B .
1. TERM: For and in consideration of the maintaining the property, terms, provisions and covenants
herein contained, Lessor hereby lets, leases and demises to Lessee the designated premises for the term
of ninet -nine (99) nears commencing on the day of , , (sometimes called the
commencement date) and expiring the day of , (sometimes referred to as expiration
date), unless sooner terminated as hereinafter provided.
2. CONSIDERATION: Lessee shall maintain the property in accordance with the terns of this
agreement as well as any laws, regulations and zoning ordinances.
The parties hereto, for themselves, t1reir heirs and distributees, executors, administrators, legal
representatives, successors and assigns, hereby covenant and agree as follows:
3. SIGNS:
(A) Lessee shall have the right, at its expense, to install and maintain one sign, such
as a directional or identification sign on the subject premises. However, Lessee's right to install
and maintain a sign shall be subject to t) the written approval of Lessor as to the dimensions,
material, content, location and design; 2) applicable legal requirements; 3) insurance requirements;
and 4) the sign criteria that may be subject to local and state laws. Lessee shall obtain and pay
for all permits and licenses required in connection with a sign. Copies of all permits and licenses
shall be delivered to Lessor within a reasonable time after they are issued.
(B) If Lessor shall deem it necessary to remove the sign in order to paint or to make
repairs, alterations or improvements on the subject premises, Lessor shall have the right to do so.
Lessee shall not have the right to maintain or install. any signs other than as specified and agreed
to by Lessor.
4, OPERATING COSTS (ALSO KNOWN AS ADDITIONAL RENT): Lessee shall pay to
Lessor throughout the term of this Lease the following:
Lessee shall pay all charges for electric current used for light, including the power used
for air conditioning, heating and other utilities. Lessee will be responsible for all
operating expenses including utilities and maintenance. Lessee shall pay operating
expenses from the start of occupancy (commencement date). Said payments shall be due
when billed. The term "Operating Expenses" shall include, but not be limited to,
maintenance, repair, replacement and care of all lighting, plumbing, roofs,'arking and
landscaped areas, signs, snow removal, non - structural repair and maintenance of the
exterior of the building, cleaning and cleaning supplies, property damage, fire, costs of
equipment purchased and used for such purposes, trash removal, water and all other
utilities. Any expenses incurred by Lessor shall be billed annually to Lessee.
5. HOLD OVER: In the event of holding over by the Lessee after expiration or termination of this
Lease without the consent in writing of Lessor, Lessee shall be deemed a Lessee at sufferance and shall
pay rent for such occupancy at the rate of one and one -half times of the rent determined by Lessor, pro-
rated for the entire hold over period, plus all attorneys' fees and expenses incurred by Lessor in enforcing
its rights by law and hereunder, plus any other damages occasioned by such holding over. Except as
otherwise agreed, any holding over with the written consent of Lessee shall constitute a month -to -month
lease.
6. SUB - LETTING AND ASSIGNMENT: Lessee agrees not to sub -let or allow any other tenant
other than subsidiary or affiliated organizations or companies of Lessee or caretaker to come in with or
under it or to assign this Lease, or any part thereof, in any matter whatsoever, without written consent of
Lessor, said consent not to be unreasonably withheld. Consent by Lessor to any assignment of this Lease
or to any sub - letting of the designated premises shall not be a waiver of Lessor's right under this article
as to any subsequent assignment or sub- I.etting. Lessor's rights to assign- this Lease are and remain
unqualified. No such assignment or sub - leasing shall relieve the Lessee from any of the Lessee's
obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease
be effective unless the assignee, sublessee or transferee shall at the time of such assignment, sublease or
transfer, assume in writing for the benefit of Lessor, its successors or assigns, all of the terms, covenants
and conditions of this Lease thereafter to be performed by Lessee and shall agree in writing to be bound
thereby. Lessee shall furnish a copy of the caretaker's Lease to Lessor for Lessor's approval. All terms
and conditions of this Lease shall be incorporated in caretaker's Lease.
7, LEASE BINDING ON SUCCESSORS: It is further covenanted and agreed by and between the
parties hereto that all covenants, agreements and conditions and undertakings in this Lease contained,
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shall extend to and be binding upon the legal representatives, successors and assigns of the respective
parties hereto the same as they were in every case named and expressed.
8. RETURN OF PREMISES: On the expiration date or upon termination hereof upon a day other
than the expiration date, Lessee shall peaceably surrender the subject premises in good order, condition
and repair, reasonable wear and tear in accordance with the Master Plan for the Bruentrup Heritage Farm
Maplewood, MN (attached as Exhibit Q.
9. COVENANT TO REPAIR: Lessee shall, at all times throughout the term of this Lease,
including renewals and extensions, at its sole expense, keep and maintain the subject premise in a clean,
safe, and sanitary and first class condition, in accordance with the Master Plan for the Bruentrup Heritage
Farm Maplewood, MN (attached as Exhibit Q, and in compliance with all applicable laws, codes,
ordinances, rules and regulations. Lessee's obligations hereunder shall include, but are not limited to, the
maintenance, repair- and replacement if necessary, of heating, air conditioning, fixtures, equipment', and
systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior
walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances,
windows, doors and docks and the replacement of all broken glass. When used in this provision, the term
"repairs" shall include replacements or renewals when necessary, and all such repairs made by the Lessee
shall be equal in quality and class to the original work. The Lessee shall keep and maintain all portions
of the subject premises and sidewalks and areas adjoining the same in a clean and orderly condition free
of accumulation of dirt, rubbish, snow and ice.
If the Lessee fails or refuses or neglects to maintain or repair the designated premises as required
in this Lease after notice shall have been given to Lessee, Lessor may make such repairs and Lessee shall
pay. to Lessor all costs incurred by Lessor in making such repairs upon presentation to Lessee of the bill
thereof. Lessor shall repair, at its expense, the structural portions of the building, provided, however,
where structural repairs are required to be made by reason of the acts of Lessee, the costs there shall be
born by Lessee and payable by Lessee to Lessor upon demand. It is understood by Lessee that the
building contains asbestos and Lessee shall maintain, contain and control the areas of asbestos. In the
event, that the asbestos is not contained without negligence of Lessee, then in that event, it is Lessor's duty
to control and contain the asbestos area.
10. RIGHT TO EN'T'ER: Lessee agrees that the Lessor or its agents shall have free access to said
designated premises at all reasonable times after giving the caretaker 48 hours notice, for the purpose of
examining or inspecting the conditions of the designated premises.
11. INTERPRETATION: The parties do mutually covenant and agree that this Lease shall be
governed and interpreted according to the provisions of the laws of the state in which the designated
premises are located. If any agreement, covenant or condition of this Lease or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease,
or the application of such agreement, covenant or condition to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall be effective thereby and each agreement, covenant
or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
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12. ARBITRATION: Any matter which is specifically set forth in this Lease to be resolved in
accordance with the provisions of this paragraph shall be determined by binding arbitration as follows:
on ten days written notice by either party to the other, each shall designate an arbitrator and a third
arbitrator shall be selected by two so designated. All arbitrators selected under this paragraph shall have
at least five years experience in lease and commercial space. If either party fails to designate an arbitrator
within ten (10) days following notice, or upon the inability or failure of the two arbitrators to agree upon
a third within ten days following their designation, said selection shall be made by a judge then sitting at
special term in the District Court of Ramsey County, Minnesota, upon notice to all parties. Each party
shall be entitled to be represented by counsel in the arbitration proceedings. The difference or dispute
shall be settled in accordance with the uniform arbitration act and the rules of the American Arbitration
Association shall govern. The decision of a majority of arbitrators, signed and acknowledged, shall be
final and bindin g upon on landlord and tenant. To the extent feasible, such decision shall be made within
thirty (30) days of the appointment of the third arbitrator. The cost and expenses of the arbitrators, the
fees of the arbitrators, and all attorneys' fees and costs incurred, shall be paid by - the losing party in the
arbitration roceedin , and the definition of losing party shall be a proper subject of the arbitration
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proceeding.
13. HISTORICAL PURPOSE: The designated premises are to be used in a careful, safe and proper
manner for general office purposes by Lessee, in accordance with the Master Plan for the Bruentrup
Heritage Farm, Maplewood, MN, attached as Exhibit C.
140 PEACEFUL POSSESSION: The Lessee, on maintaining the property and on performing all of
the covenants, undertakings and agreements on the part of the Lessee to be performed and observed,
herein contained, shall and may peaceably and quietly have, hold and enjoy the hereby designated
premises for the term aforesaid, free from molestation, eviction or disturbance.
15. DEFAULTS BY LESSEE:
(A) In the event of any failure of Lessee to maintain the property, or any failure to
perform any other of the terms, conditions or covenants of this Lease to be observed or performed
by Lessee for more than ninety (90) days after written notice of such failure shall have been given
to Lessee, or if Lessee or any agent of Lessee shall falsify any report required to be furnished to
Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become
bankrupt or. insolvent, or file any debtor proceedings or any persona shall take or have against
Lessee or any guarantor of this Lease in any court pursuant to any statute either of the united states
or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment
of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, of if Lessee
or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters
into an arrangement with its creditors, or if Lessee shall abandon the designated premises or suffer
this Lease to be taken under any writ of execution, then in any such event Lessee shall be in
default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the
immediate right of re -entry and may remove all persons and property from the designated premises
and such property may be removed and stored in a public warehouse or elsewhere at the cost of,
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and for the account of Lessee, without being guilty of trespass, or becoming liable for any loss or
damage which may occasioned thereby.
(B) Should Lessor elect to re -enter the designated premises, as herein provided, or should
it take possession of the designated premises pursuant to legal proceedings or pursuant to any
notice provided for bylaw, it may terminate this Lease.
(C) Lessor may, at its option, instead of exercising any other rights or remedies
available to it in this Lease or otherwise by law, statute or equity, spend such money as is
reasonably necessary to cure any default of Lessee herein and the amount so spent, and costs
incurred, including attorneys' fees incurring such default, shall be paid by Lessee, as additional
rent, upon demand after ninety (90) days notice.
(D) In the event suit shall be brought of recovery of possession of the designated
premises, for the recovery of rent or any other amount due under the provisions of this Lease, or
because of the breach of any other covenant herein contained on the part of the Lessee to be kept
or performed, and a branch shall be established, Lessee shall pay to Lessor all expenses incurred
therefor, including attorney's fees and cots, together with statutory interest on all such expenses
from the date of such breach of the covenants of this Lease.
(E) No remedy herein or elsewhere in this Lease or otherwise by law, statue or
equity, conferred upon or reserved to Lessor or Lessee shall be exclusive of any other remedy, but
shall be cumulative and may be exercised from time to time and as often as the occasion may arise.
If there are extenuating circumstances, Lessor or Lessee can choose to have the matter decided in
accordance with the Arbitration provision.
16. INSOLVENCY OR DISSOLUTION: In the event Lessee dissolves or is adjudged insolvent,
or makes any assignment of the benefit of creditors, or if the business conducted on the eased premises
passes into the hands of any receiver, court, trustee or officer, or if the term of this lease, or any extended.
term thereof shall be attached or taken on execution, Lessor may at its option by written notice to Lessee,
terminate said lease and recover possession of the leased premises from any and all parties whatsoever.
170 FOURTH OF JULY: The use o.. the premises is reserved for William Bruentrup and Raydelle
Bruentrup, as well as other individuals determined by Assignment from William Bruentrup and Raydelle
Bruentrup to family members on a yearly basis which is on file with the Maplewood Historical Society,
from 12:01 a.m. to 11:59 p.m. on July 4 of every year, starting in the year 2000 through the end of this
Lease Agreement. The Lessor may terminate this permission for violation of any laws, ordinances,
statutes or regulations. If the premises is destroyed, Lessor has the sole discretion to terminate this use.
Any other Assignments are prohibited by paragraph 6 of this Lease.
18. ACCUMULATIVE RIGHTS: The various rights, powers, elections and remedies of the parties
hereto shall be construed as cumulative, and no one of them as exclusive of the other, and shall be
continuing rights none of which shall be exhausted by being exercised on one or more occasions, and no
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waiver of the breach of any covenant in this lease shall be a waiver of any subsequent branch of the same
or any other covenant.
19. DAMAGE OR DESTRUCTION: In the event of any damage or destruction to the premises by
fire or other cause during the term hereof, the following provisions shall apply:
(A) If the building is damaged by fire or any other cause to such extent that the cost of
restoration, as estimated by Lessor, will equal or exceed fifty percent (50 %) of the replacement
value of the building (exclusive of foundations) just prior to the occurrence of the damage, then
Lessor may, not latter than the sixtieth (60th) day following the damage, give Lessee written notice
of Lessor's election to terminate this Lease.
(B) If the cost -of restoration as estimate by Lessor will equal or exceed fifty percent
(50 %) of said replacement value of the building and if the designated premises are not suitable
as a result of said damage for the purposes of which they are designated hereunder it in the
reasonable opinion of the Lessee, then Lessee may, no later than the sixtieth (60th) day following
the damage, give Lessor a written notice of election to terminate this Lease.
(C) If the cost of restoration as estimated by Lessor shall amount to less than fifty percent
(50 %) of said replacement value of the building, or if, despite the cost, Lessor does not elect to
terminate this Lease, Lessor shall restore the building and the designated premises wight
reasonable promptness, subject to delays beyond Lessor's control and delays in the making of
insurance adjustments by Lessor; and Lessee shall have no right to terminate this Lease except as
herein provided. Lessor shall not be responsible for restoring or repairing leasehold improvements
of the Lessee.
(D) In the event of either of the elections to terminate, this Lease shall be deemed to
terminate on the date of the receipt of the notice of election and all rentals shall be paid up to that
date. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease.
(E) In any case where damage to the building shall materially affect the designated
premises so as to render them unsuitable in whole or in part for the purposes for which they are
designated hereunder, then, unless such destruction was wholly or partially caused by the
negligence or breach of the terms of this Lease by Lessee, its employees, contractors or licensees,
a portion of the rent based upon the amount of the extent to which the designated premises are
rendered unsuitable shall be abated until repaired or restored. If the destruction or damage was
wholly or partially caused by negligence or breach of the terms of this Lease by Lessee as
aforesaid and if Lessor shall elect to rebuild, the rent shall not abate and the Lessee shall remain
liable for the same.
The Conditional Use Permit with terms and conditions shall be attached as Exhibit D.
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20. ALTERATIONS, INSTALLATIONS, FIXTURES: In the event alterations are required by any
governmental agency by reason of the use and occupancy of the designated premises by Lessee, Lessee
shall make such alterations at its own costs and expense after first obtaining Lessor's written approval of
plans and specifications therefore and furnishing such indemnification as Lessor may reasonably require
against liens, costs, damages and expenses arising out of such alterations. Alterations or additions by
Lessee must be built in compliance with all laws, ordinance and governmental regulations affecting the
premises and Lessee shall warrant to Lessor that all such alterations, additions, or improvements shall be
in strict compliance with all relevant laws, ordinance, governmental regulations, and insurance
requirements. Construction of such alterations or additions shall commence only upon Lessee obtaining
and exhibiting to Lessor the requisite approvals, licenses and permits and indemnification against liens.
All alterations, installations, physical additions or improvement so the designated premises made by
Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the
termination of this Lease;. provided, however, this clause shall. not apply to movable equipment or
furniture owned by Lessee which may be removed by Lessee at the ed of the term of this Lease without
damaging the designated premises and if Lessee is not in default.
21. FLOOR LOAD: Lessee shall not place a load on the floor of the designated premises exceeding
the floor load per square foot which such floor was designed to carry and which is allowed by law. Lessor
reserves the right to prescribe the weight and position of all safes which must be placed so as to distribute
the weight. Business machines and mechanical equipment shall be placed and maintained by Lessee, at
Lessee's expense and settings sufficient in Lessor's judgment to absorb and prevent vibration, noise and
annoyance. Water and wash closets and other plumbing fixtures shall not be used for any purposes other
than those for which they were designed and constructed, and no sweepings, rubbish, rags, acids, or other
such substances shall be deposited therein.
22. HEATING AND AIR CONDITIONING: Lessee is responsible for heat and air conditioning
to designated premises; Lessee agrees at all times to cooperate fully with Lessor and to abide by all
regulations and requirements which Lessor may reasonably prescribe for the property functioning and
protection of the heating and air conditioning systems.
23. UTILITIES: Lessor shall provide mains and conduits to supply gas and electricity to the
premises. Lessee shall pay, when due, all charges for garbage, disposal, refuse removal, electricity, gas,
fuel oil, L.P. gas, telephone and/or other utility services or any renewal or extension thereof. If Lessor
elects to furnish any of the foregoing utility services or other services furnished or used to be furnished
to Lessee, then the rate charged by Lessor shall not exceed the rate Lessee would be required to pay to a
utility company or service company furnishing any of the foregoing utilities or services. The charges
thereof shall be deemed additional rent. Lessee understands that Lessee is leasing said premises in an as
is condition. Lessor does not guarantee or make representations with respect to the condition of the
various heating and utilities. Lessor does not make any representations with respect to the buildings
compliance of handicap access and various local and state building codes and ordinances.
24. STOPPAGE OF SERVICE: Lessor reserves the right to stop service of the heating, plumbing,
air conditioning and other services, when necessary, by reason of accident, or emergency, or for repairs,
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alterations, replacements of improvements, in the judgment of the Lessor desirable or necessary to be
made, until said repairs, alterations, replacements or improvements shall have been completed. Lessor
shall have no responsibility or liability for failure to supply the said services during said period or when
prevented from so doing by strikes, accidents or any case beyond Lessor's control, or by laws, order or
regulations of any federal, state or municipal authority having jurisdiction thereof.
25. RULES: Lessee will observe rules and regulation submitted by the Lessor for the use, safety, care
and cleanliness of the premises in accordance with the Master Plan for the Bruentrup Heritage Farm
Maplewood, MN, attached as Exhibit C.
260 NOTICES: Whenever notice shall be required to be given to Lessee pursuant to the terms of this
Lease, it shall be deemed sufficient for that purpose to mail such notice by registered mail to Lessee
addressed to the designated premises or to any other address designated by Lessee in writing to the Lessor.
Whenever any such notice is sent to he Lessee, a copy of the notice is to be mailed postage prepaid by
Lessor and addressed as hereinafter designated or to any other address designated by Lessee in writing
to Lessor.
27, CASUALTY INSURANCE: Lessor shall insure the designated premises under Lessor's
insurance policy as long as Lessor remains Lessees of the designated buildings. The designated premises
shall be insured as a public building pursuant to Lessor's insurance policy.
28. COVENANTS TO HOLD HARMLESS: Lessee shall hold harmless Lessor from any liability
for damages to any person or property in or upon the designated premises and the premises, including the
person and property of Lessee and its employees and all persons in the building at its or their invitation
or sufferance, and from all damages resulting from Lessee's failure to perform the covenants of this Lease.
All property kept, maintained or stored on the designated premises shall be so kept, maintained or stored
at the sole risk of Lessee. Lessee 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 Lessee nor about the
premises, and not furnished on order of Lessor, which may be secured by any mechanic's material men's
or other lien to be discharged at the time performance of any obligation secured thereby matures, provided
that Lessee may contest such lien, but if such lien is reduced to final judgment and if such judgment or
process thereon is not stayed, or if stayed and said stay expires, then and in each such event, Lessee shall
forthwith pay and discharge said judgment. Lessor shall have the right to post and maintain on the
designated premises, notices of non - responsibility under the laws of the State of Minnesota.
Lessor shall not be liable for any damage to property of Lessee or of others located on the premises
unless caused by Lessor's negligence. Lessor shall not be liable for the loss of damage to any property
of Lessee or of others by theft or otherwise. Lessor shall not be liable for any injury or damage to persons
or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or
leaks from any part of the premises or from the pipes, appliances or plumbing works or from the roof,
street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature.
Lessor shall not be liable for any such damage caused by other lessees or persons in the premises,
occupants of adjacent property, of the buildings, or the public or caused by operations in construction of
any private, public or quasi - public work. Lessor shall not be liable for any latent defect in the designated
premises. All property of Lessee kept or stored on the designated premises shall be so kept or stored at
the risk of Lessee only and Lessee shall hold Lessor from any claims arising out of damage to the same,
including subrogation claims by Lessee's insurance carrier.
29. ABANDONMENT: In the event Lessee shall remove its fixtures, equipment or machinery or
shall vacate the designated premises or any part thereof prior to the expiration date of this Lease or shall
discontinue or suspend the operation of its business conducted on the designated premise for a period of
more than ninety (90) consecutive days (except during any time when the designated premises may be
rendered untenantable by reason of fire or other casualty), then in any such event Lessee shall be deemed
to have abandoned the designated premises and Lessee shall be in default under the terms of this Lease.
30. GENERAL:
(A) The Lease does not create the relationship of principal and agent or of partnership or of joint
venture or of any association between Lessor and Lessee, the sole relationship between the parties hereto
being that of Lessor and Lessee.
(B) No waiver of any default of Lessee hereunder shall be implied from any omission by
lessor to take any action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified, in the express waiver and that only for the
time and to the extent therein stated. One ore more waivers by Lessor shall not then be construed as a
waiver of a subsequent breach of the same covenant, term or condition. The consent to or approval by
Lessor of any act by Lessee. No action required or permitted to be taken by or on behalf of Lessor under
the terms or provisions of this Lease shall be deemed to constitute an eviction or disturbance of Lessee's
possession of the designated premises. All preliminary negotiations are merged into and incorporated in
this Lease. The laws of the State of Minnesota shall govern the validity, performance and enforcement
of this Lease.
(C) This Lease and the exhibits, if any, attached hereto and forming a part hereof, constitute
the entire agreement between Lessor and Lessee affecting the designated premises and there are no other
agreement, either oral or written, between them other than are herein set forth. No subsequent alteration,
amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to
writing and executed in the - same farm and manner in which this ,ease is executed.
(D) If any agreement, covenant or addition of this Lease or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or
the application of such agreement, covenant or condition to person or circumstances other than those as
to which it is held invalid or unenforceable, shall not be affected thereby and each agreement, covenant
or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
(E) The captions are inserted only as a matter of convenience and for reference, and in no way
define, limit or describe the scope of this Lease nor the intent or any provision thereof.
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(F) Submission of this instrument to Lessee or proposed Lessee or his agents or attorneys for
examination, review, consideration or signature does not constitute or imply an offer to lease, reservation
of space, or option to lease, and this instrument shall have no binding legal effect until execution hereof
by both Lessor /Owner and Lessee or its agents.
(G) The City of Maplewood Parks and Recreation Department and the Maplewood Nature
Center shall have use of the property upon mutual agreement between Lessor and Lessee. Mutual
agreement shall not be unreasonably withheld. Scheduling of the use by the City of Maplewood Parks
and Recreation Department and the Maplewood Nature Center shall not conflict with Lessee's schedule
of events.
31. AMERICANS WITH DISABILITIES ACT: Lessee hereby represents that it will maintain the
subject premises in compliance with the Americans with Disabilities Act and Minnesota Statute § 363.01,
et al. Lessee assumes all liability with respect to any complaints or violations of the Americans with
Disabilities Act and Minnesota Statute § 363.01, et al and Lessee agrees to save harmless and indemnify
Lessor from any such claims, including but not limited to, costs and expenses and reasonable attorney's
fees.
32. HAZARDOUS WASTE: The term "Hazardous Substances," as used in this Lease shall mean
pollutants, contaminants, toxic or hazardous wastes or any other substances, the removal of which is
required the use of which is restricted, prohibited or penalized by any "Environmental Law," which term
shall mean any federal, state or local law or ordnance relating to pollution or protection of the
environment. Tenant hereby agrees that (i) no activity will be conducted on the premises that will produce
any hazardous substance, except for such activities that are part of the ordinary course of tenants' business
activities (the "Permitted Activities ") provided said permitted activities are conducted in accordance with
all environment laws and have been approved in advance in writing by landlord; (ii) the premises will to
be used in any manner for the storage of any hazardous substances except for the temporary storage of
such materials that are used the ordinary course of tenants's business (the "permitted material ") provided
such permitted materials are properly stored in a manner and location meeting all environmental laws and
approved in advance in writing by landlord; (iii) no portion of the premises will be used as land fill or a
dump; (iv) tenant will not install any underground tanks of any type; (v) tenant will not allow any surface
or subsurface conditions to exist or come into existence that constitute, or with the passage of time may
constitute, a public or private nuisance; (vi) tenant will noterrrit:any hazardous substance to be brought
onto the premise, except for the permitted materials described below, and if so brought or found located
thereon, the same shall be immediately removed, with property disposal, and all required cleanup
procedures shall be diligently undertaken pursuant to all environmental laws. If, at any time during or
after the term of the Lease, the premises is found to be so contaminated or sub j ect to said conditions,
tenant agrees to indemnify and hold landlord harmless from all claims, demand, actions, liabilities, costs,
expenses, damages and obligations of any nature arising from or as a result of the use of the premises by
tenant. The foregoing indemnification shall survive the termination or expiration of this Lease.
10
IN WITNESS HEREOF, the Lessor and the Lessee have executed this Lease in form and manner
sufficient to bind them at law, as of the day and year first above - written.
Lessee
so
Its
Lessor
By
Its
By
Its
11
EX14WIl ~R
TbAt part of tae Southeast 114 of the N •
• otthwcst i �4, Sccnon 2, To Z9
EMtcrly of rho tiro of a to Bear v wnWp • JWSe 220 lying
tb of, accordin - A and .yang :V�Onh tly of the South 7
g �o the recorded plat thereof on file in 31.5 fern
for Ramsey Coun ece of the County Recorder in
ty, aad
EXCEPT THE fOLLOWING DESCRM
rut of E�3 PARCEL: pan , the Southeaar 1I4 of the No rthwest Ila of .
County, l�u�esota dcS Section 2, Township 24, e
embed as follows: Be �", R�'°Y
rt gbt of way l irm of Beginning at t point of m tcrswion of the eastari
��� �� Avenue and tae north Iiac of Y
So utheast PA of the North `4 the south 731.54 feet of said
1� of said Section 2; thence Fast assunwd b •
north lute of the south 731.So t' C eanng) along aid
eet a distance of 4,�0.Oa feet; thence North a distance
t t; thence West a distance of 435.2.6 feet t of 150.00
Avenue; the -, o the s asterly r'ghht O f WRY l ine of to Be
nee South A demos 0c minutes 30 seconds We6t .
a distance of 1 50.09 feat co a along said easterl right of way l
the point of beginning.
Subject to Street FQuiernent dated June I 1967
1 �4I505 (Lydia Av , =Orded ,Tune ?9, 1967 as DoMment No,
Gaut }•
Subject to Easement for Street and Utili
29, 97, rexordcd` Pis as conveyed by Quit Clai dated April
December 5, 1977 as Document No.
(Lydia Avenue).
19754
Subj cct to E$.Sement : cc Street aru3 Road Ri
'4ia leuood In ght- of- Way . poses as acquired b�►• the Cs of
P cande=ation procccdings culminatia E
as DOCUMent
No, 2446295. 'a C,ertiftcate recorae�3 July 5 1979
Sthbject to EasetnMts for ate B ear Avenue ac � .
in Fithat Ctrti�ica acquired in candemr�ation proceedings culna�inatin
tes, Docunment .No$. t 772343 and 1 813704. g
_0
AGENDA ITEM NO
MEMORANDUM
T0: City Manager
FRONT: Melinda Coleman
SUBJECT: Conditional Use Permit Review- Famil y Service Center
DATE: June 18, 2001
INFORMATION
City staff has been holding escrow funds in the amount of $140,,000 for the installation of an
elevator at the Ramsey County barn. The installation of the elevator was a condition to the permit
for the Family Service Center when the project was approved back in January of 1999.
The County has completed all of the work associated with this facility except for the elevator.
DISCUSSION
Staff would like to have a discussion as to whether or not the city ouncil wishes to have ave the
installed. nstalled. In the past, there have been discussions with Ramsey ount commissioners
y y mmissioners
and staff about the merits of installing the elevator. The barn is very ld and installing the
rY g
elevator would then require other building improvements to bring the structure u
P g p to current
codes. Preliminary cost estimates to do the required 700 improvements are in the 000- 8
p $ 00, 000
range. In addition, the architect who looked at this indicated that once the second floor
becomes
occupied, there are additional emergency exits required. This is problematic because i
. q p fan
additional exit, with stairway, is added, the historical character of the barn is compromised. o pronused. I
asked county staff how much of the barn is actually tilized. The indicated that '
Y y a about one -third
of the barn goes un -used except during the annual Count Fair. So getting '
County g g additional second
story space is not the issue.
Ramsey County staff indicated they would be willing o use the funds for other g e County campus or
other city improvements. This would of course, need approval b the Maplewood '
pp y p ewood City Council.
REQUESTED ACTION
Direct staff to have the County build the elevator or start discussions with Ramsey County staff to
look at alternative projects or improvements. If the council decides to move forward with
alternative use of the funds, the Family Service Center CUP would have to be amended.
4
MEMORANDUM
TO: City Manager
FROM: Shann Finwall, Associate Planner. .
SUBJECT: Voting Requirements for Zoning Ordinance Amendments and Zoning Map
Changes
DATE: June 21, 2001
The City's Zoning Code Article VII, Section 36 -484 (attached) states that the city council may
adopt and amend the city's zoning ordinance or map by a two- thirds majority vote of all its
members. To summarize, the City of Maplewood's city council would have to vote at least 4 to
1 in favor of a requested amendment to a zoning ordinance or change to the zoning map for
approval. This section of the zoning ordinance is mandated by Minnesota's planning and
enabling law (Section 2000, Chapter 462) which gives municipalities the power to conduct and
implement municipal planning.
During the 2001 Minnesota Legislative Session, the Builders' Association of Minnesota (BAM)
and the Minnesota Association of Realtors (MAR) requested changes to the above - mentioned
law. The BAM and MAR proposed changes to building code interpretation, plan review fees,
and zoning ordinances. These changes were proposed in an attempt to reduce market barriers
to building more affordable homes. The changes were adopted by the Legislature and signed
into law by the Governor.
One section of the new law affects the voting requirements for zoning ordinance amendments
and zoning map changes. Chapter 462.357, subdivision 2 (attached) is amended to require a
majority vote (at least 3 out of 5 in favor) of all governing body members for amendments to
zoning ordinances or changes to zoning maps. An exception to this requirement is the adoption
or amendment of any portion of a zoning ordinance which changes all or part of the existing
classification of a zoning district from residential to commercial or industrial. In this case, the
governing body must have atwo- thirds majority vote (at least 4 out of 5 in favor) of all its
members.
This portion of the law went into effect May 30, 2001, and takes precedence over the city's
zoning ordinance. Therefore, item H.1. on the June 25, 2001, city council meeting agenda
dealing with a zoning map change from commercial to residential for the proposed Afton Ridge
development will require a majority vote (at least 3 in favor) for approval as opposed to a two -
thirds majority vote (at least 4 in favor).
The city's zoning ordinance requires a public hearing for all amendments. In order to amend the
ordinance regarding voting procedures to reflect the new state law, staff will bring back to the
city council at a later date a formal zoning ordinance amendment request to be heard at a public
hearing.
Attachments
Minnesota
House of Representatives
....... ...... :.: --- - ------
KEY: = qt-ri nkPn = old language to be removed
underscored = new language to be added
NOTE: If you cannot see any difference in the key above, you need to change . the . display of stricken
and /or underscored language.
Authors and Status ■ List versions
H. F No. 1310, 4th Engrossment: 82nd Legislative Session (2001 -2002) Posted on May 23, 2001
1.1
A bill for an act
1.2
relating to construction; giving the state building
1.3
official final authority for interpreting the State
1.4
Building Code and prescribing its enforcement;
1.5
regulating construction - related fees; requiring
1.6
municipalities to submit annual reports on
1.7
construction - related fees; providing for adoption of
1.8
certain amendments to the mechanical code; limiting
1.9
certain municipal building code ordinances; clarifying
1.10
certain terms; modifying provisions relating to
1.11
construction warranties; limiting certain waivers of
1.12
rights; modifying provisions relating to zoning
1.1.3
ordinances; amending Minnesota Statutes 2000 sections
1.14
16B.61, subdivisions 1, 2; 16B.62, subdivision 1;
1.15
16B.63 by adding a subdivision; 326.90, subdivision
1.16
1; 327A.01, subdivision 2; 327A.02, subdivisions 1, 3;
1.17
462.353, subdivision 4; 462.357, subdivisions
1.18
proposing coding for new law in Minnesota Statutes,
1.19
chapters 16B; 462.
1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9.14 (b) Subject to the requirements of subdivisions 3, 4, and
9.15 5 1 the governing body may adopt and amend a zoning ordinance by
9.16 a majority vote of all its members. The adoption or amendment
9.17 of any portion of a zoning ordi which changes all or part
9.18 o f the existing classification of a zoning district from
9.19 residential to either commercial or industrial requires a
9.20 two-thirds majority vote of-all its members of the governing
9.21 body
9.22 (c) The land use plan must provide guidelines for the
. 23 timing and sequence of the adoption of official cc ltr ;lc tc
9.24 ensure planned, orderly, and staged development and
9.25 redevelopment consistent with the l use plan.
9.26 Sec. 14. Minnesota Statutes 2000, section 462.357,
9.27 subdivision 5, is amended to read:
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