05-20-13 Council WS Agenda
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, MAY 20, 2013 5:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL WORK SESSION
A. Roll Call
Mayor Zerby _____
Hotvet _____
Siakel _____
Sundberg _____
Woodruff _____
B. Review Agenda
START
TIME
2. SOUTHSHORE SENIOR PARTNERS PRESENTATION (Att. - Vision Framework 5:00 PM
and History)
3. SOUTHSHORE COMMUNITY CENTER DISCUSSION (Att.-Administrator’s memo) 5:15 PM
4. ADJOURN
Four years ago the Center survived a near cataclysmic event; the building's sale and
elimination as a community asset. It caught us (SSSP) amid a period of uncertainty
with the loss of funding and professional leadership -a time of our greatest vulnerability.
That event did, however, precipitate a cathartic process of self - analysis. How would we
survive such a challenge?
Many things began to occur. Among them, Jan Gray led a group with the goal of
clarifying our direction and outlining the plan to recover from this state of affairs.
"Restore, Renew, Revive and Rejuvenate" reenergized existing programs, expanded
others and created new ones. This was supposed to lead us through a temporary
stabilization period of a couple of years max. That effort was successful. Now, four
years later, thanks to a small group of very hands -on, dedicated and determined
volunteers, we are where we are today. It has been proven that there is sustainable
interest and support, vitality and potential for more. It has become evident that the
volunteers are tapping out the limits of their abilities to optimize the Community Center
as an asset. It is time to evolve yet again.
Taking the Community Center to a new level will require growth oriented change and a
partnership with resources and abilities the SSSP does not possess alone. We know it
is more than a Senior Center. It is bigger than us. After due consideration, we have
assembled our vision of what the "New Cen" might look like:
A new brand is created: new vision, new name, new mission, new governance plan.
The SSSP (perhaps the "Friends" going forward) will join forces and walk "arm and arm"
with the city on the new path. If our paths were separate, they would be parallel. Why
not join them into one? As such, the two entities interlace with representatives on each
others Boards.
SSSP will be more Advisory and less leadership. SSSP has no intention of walking
away, just altering its role to partner with the city. We hope to assist and contribute to
the extent the city feels we can and should.
The city supports and endorses the NewCen and the 55+ in the community. It becomes
the Manager and develops its own organizational model.
The city will develop its own vision of how the two organizations should walk the path.
This is our vision. We have not presumed to create one for the city.
The Community Center and the associated activities it affords becomes part of the city's
stable of quality -of -life enhancement assets; like parks, tennis courts, hockey rinks,
skateboard parks, riding and walking paths, ball fields, gardens and more.
;'1N ty J,6 ,) o)i
n
City designates certain funds for 55+ programs and activities. SSSP assists with
fundraising through memberships, specific activities and appeals to other cities to "join
in ".
R professional with experience in the field will be hired to lead and coordinate. While
the SSSP volunteers did a remarkable job soldiering on, they need a General to win the
war. Their effectiveness can then be optimized.
The SSSP will continue as a 501 -c(3).
Some of the volunteers over time:
Mary Lou Becker, Lois Berg, Susannah Dodson, Gloria Copley, Lela Graupmann,
Sandy Hotvet, Sheila Knox, Bev Lane, Gayle Luke, Marge Lund, Marilyn Mattingly, Judy
Mueller, Terry Paetzel, Mary Penly, Karen Peterson, Millie Trebnick, Catherine Turner,
Linda Freeman, Mary Norman, Greg Suddendorf, Carol Holte, Linda Verner, Keith
Steusi, Gary Thompson, June Seamans, Jan Ludington, Shirley Livingston, Tena
Brandhorst, Theresa Zerby, Woody Love
Moving forward- -The City's Perspective:
What would the city's vision and its relationship with SSSP look like?
How do you think we can work together as partners?
What new potential would you like to see developed with the NewCen?
#3
CITY OF
MEETING TYPE
Work Session
SHOREWOOD
May 20, 2013
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Date:
May 15, 2013
To:
Mayor and City Council Members
From:
Bill Joynes, City Administrator
Re:
Southshore Center Work Session Items
_____________________________________________________________________________________
You will find attached a number of documents providing a snapshot of the current status of the Southshore
th
Center to help our discussion on the 20. They include:
A summary of the retreat discussion on March 23, 2013
A.
Current financial information:
B.
1.Fund balance projections from the retreat
2.2013 budgeted financials
Legal Issues Memo from the City Attorney
C.
Current booked activities
D.
Our estimate of staffing needs to handle current operations
E.
Some comparable data on similar Centers
F.
The major issues that need to be addressed and factored into our budget process:
Council vision for the Center
Financial support:
Shorewood and other cities
Operations, Capital
Relationship with South Shore Senior Partners
Date: May 20, 2013
To: Mayor Zerby
Council Members
From: Bruce DeJong, Finance Director
Re: Southshore Center Financial Reports
The 2012 Southshore Center Budget ended up with expenditures exceeding revenues by $47,552
That is after the transfer of $13,600 that was budgeted from the General Fund to the Southshore
Community Center Fund. In addition, the practice has been for staff to record their time spent on
SSC activities, but those costs were always transferred back into the General Fund at the end of
the year. Those expenses totaled $5,311 for 2012. In total, the costs of running the Southshore
Center exceeded program revenues by $66,463 for the year.
With these revenues and expenditures, the fund balance for the Center ended the year at a
negative cash balance. The fund was in the hole by $37,611 at the end of 2012 as shown on the
attached balance sheet.
I have projected full year expenditures for 2013 based on the current activity in the fund through
April. That includes rental & program revenues at the average for the first four months and staff
expenditures for salaries from both Twila Grout and Julie Moore. Based on these assumptions, it
looks like the deficit for the year would run about $60,000.
Attachments: 2012 Revenue & Expense Report
2012 Year to Date Balance Sheet
2013 Revenue & Expense Report — through 4/30/13
2013 Budget Projection
5-16-2013 co:*s ,m czr, OF snonswoon PAGE: z
xEV*wus & EXpswse ncponr (uNAunz`a)
AS op: ocCcmocn yzsr. zozz
490-soutxsxore Community ctr.
pzw^wcmL suwM^n, 100.00% OF YEAR cowp.
c"xxswr cunxEmr YEAR TO o^rE % or oumos,
oomcsr psvzou ^cru^L ouocsr a^/^wcE
REVENUE SUMMARY
cn^xsss FOR ssnvzcss
77,500.00
4.9e2.00
sz.a»z.za
79.01
16.267.78
mzsCcLuwEOmS REVENUE
2,600.00
21.68
867.30
33.36
1.732.70
rn^wsrsxs
13,600./00 ---1�x60o.00
13,600.00
�0.00
_100.00
,or^L nsysmos,
93,700.00
18.613.68
,s.eee.sz
80.79
18.000.48
EXPENDITURE SUMMARY
soutxsxore Community ctr
93,400�J00 _--_z.
310^31
123.251.91
_131.96 (29L,85J.91)
ror^L sx,cwozrvxcs
e3.400.00
7,310.31
123.251.e1
131.e6 (
29.851.91)
REVENUES OVER/(UNDER) EXPENDITURES 300.00 11,303.37 ( 47,552.39) 47,852.39
s-zeooa 03:45 pm czr, OF sooxsw000 PAGE: 2
xsvEmuc & mpswse xcpnnr (oNAuozre0
AS or: nECsmusx 31sr. 2012
490-soumshore Community ctr.
100.00% OF YEAR cow,.
coxvewr cunvswr YEAR TO DATE m OF 000csr
nsvewurs u000sr psmoo ^cro^L ouoGs` o^L^wcE
CHARGES FOR SERVICES
490-34101 xsmr^/s
75,000.00
*.rz*.00
oo.rsa.so
s*.ss
34.234.50
«oo-mrns oow^rzow/cowmzourzows
0.00
0.00
1,218.95
0.00 (
1.218.e5)
*so-awyo PROGRAM (cu^ss) rEss
2,500~00
27y8.00
19,247.77
-769.91 (16L,7gZ^zz)
ror^L Cx^voss FOR ssxvzcss
77,500.00
*.eez.no
e1.232.22
/y.oz
16.267.78
MISCELLANEOUS REVENUE
«oo-aszzo zwrsnssr s^nwzwGs
100.00
0.00
0.37
0.37
99.63
«so-asazz uAzw / (Loss) ON zwvssrwswrs
0.00
0.00
0.00
0.00
0.00
490-36230 nowr,zao,zow/oow^rzows
1,000.00
0.00
0.00
0.00
1,000.00
490 -36270 mzsCsLL^meous xsvewos
1 50-0.J00
21~64 ___--8U66^93
_57.80
633.07
Tor^/ mzscs/'^msous xsvcmuc
2,600.00
21.68
867.30
33.36
1,732.70
TRANSFERS
490 -39201 rx^wsrEn FROM GENERAL. pomo
13,600.00 '--13
. �u0.0]
-13,600.00
_100J00
0.00
roT^' rx^ws=sns
13,600.00
13,600.00
13,600.00
100.00
0.00
rur^L nsvswuss 93,700.00 18,613.68 7s.699.52 80.79 zx.000.^o
szs-zozs 03:45 n°
czr, OF
soonsw000
mss: a
nsyswuc & EXPENSE
mspoxr (uwmoozc)
FULL-TIME REGULAR
AS o=: nscswasv szsr. 2012
0.00
490-soutxs»ore Community ctr.
0.00
0.00
oyo-^a000-zoa
soums»ore community ctr
ovsmzMs
0.00
100.00% OF YEAR cowp.
0.00
conncwr
cuxxswr YEAR TO o^rs
% or aumosr
os,^urwswr^L sx,ewuzruncs
nunosr
psxzou ^cru^L
uoousr u^L^wCs
PERSONAL SERVICES
490-48000-101
FULL-TIME REGULAR
0.00
0.00
0.00
0.00
0.00
oyo-^a000-zoa
ovsmzMs
0.00
0.00
0.00
0.00
0.00
4e0-*8000-103
p^xr-rzws
0.00 (
4.622.51)
0.00
0.00
0.00
*90-48000-121
psRA/zcM^ cowr^zo'czr, sm^
0.00 (
335.13)
0.00
0.00
0.00
490-48000-122
rzc^ comrxzu-czr, sn^ns
0.00 (
353.66)
0.00
0.00
0.00
4e0-*8000-131
smpLo,ss zwsuRAmcs-czr, sv
0.00
0.00
0.00
0.00
0.00
490-*8000-141
owsmpLo,mEmr CoMpsws^rznw
0.00
0.00
0.00
0.00
0.00
490-48000-151
woxxsns com,sws«rIow
0.00
0^00
0.00
0.00 _--_--_/0.00
,or^L
,snsow^L ssxvzCEs
0.00 (
5.311.30)
0.00
0.00
0.00
MATERIALS
& SUPPLIES
*90-48000-200
o=Fzcs su,rLzss
0.00
0.00
189.95
0.00 (
189.95)
oyo-*u000-zoo
posr^ss
0.00
0.00
289.98
0.00 (
28e.e8)
*90-48000-221
enuz,wsw, m^zwrsm^wcs
0.00
1.310.*5
z.azo.*s
0.00 (
1.310.45)
490-*8000-223
pmzwrsw^wcs or uuzmzwc
7,500.00
0.00
709.71
9.46
6.7e0.29
490 -48000-245
cswsn^' sup,Lzss
800.00
»s.so
1,236.78
154.60 (
^as.m)
490-48000-246
pnucnxm sx,rwss
�0./00
2^58U6.34.
I0.490.93
-_ 0^00 ( _-
10,490.e3)
ror^L w^rsxz^'s m so,,Lzss
8,300.00
3,932.09
z*.zzr.ao
zrz.^z (
5,927.80)
SUPPORT SERVICES/CHARGES
490-48000-302
CowsuLrzwo rsss
0.00
54.483.03
72.713.58
0.00 (
72,713.58)
490-48000-303
smoIwsenzwc pcss
0.00
0.00
0.00
0.00
0.00
490-48000-304
'so^/ ,css
0.00
0.00
0.00
0.00
0.00
490-48000-311
swozwesnzwG sn^pp
0.00
0.00
0.00
0.00
0.00
490-48000-315
smuzmssxzwo cowsrxucrzow
0.00
0.00
0.00
0.00
0.00
490-48000-321
CoMwuwzc^rzoms rsLs,nows
100.00
124.96
1.496.88
z.*es.ua (
1,396.88)
490-48000-331
ru^vsL, cnmpsnswcs, m scno
0.00
0.00
50.00
0.00 (
50.00)
490-48000-351
pnzw,zmG AND puoLIsnzms
1,000.00
10.85
527.05
52.71
*72.95
490-48000-360
zwsun^mcs
3.000.00
0.00
0.00
0.00
3,000.00
490-48000
-380
urzLzrIss
11.000.00
1,253.95
13,051.95
118.65 (
2,051.95)
490-48000-400
Cowrx^Cru^L ssxvzcss
60,000.00 (
47.226.71}
10,816.05
18.03
*s.zns.es
490-48000-401
mAw^cswswr psss
0.00
0.00
0.00
0.00
0.00
490-48000-410
nsw,^/s
0.00
0.00
a.*rs.00
0.00 (
s.«rs.00)
490-48000-433
ouss AND suasCnzp`zows
0.00
0.00
204.00
0.00 {
204.00}
490-48000-437
r^xes/Lzcsmsss
0.00
0.00
,zo.00
0.00 (
728.00)
490-48000-440
wzsc ssnvzcss
10,000.00
0.00
5.561.42
55.61
4.438.58
490-48000-450
e^wx ssm,zCs Cx^ncss _------�0.00
43.44
400^18
0^00 (----__40X0.x8)
ror^'
su,,oxr ssnvzCss/cn^xuss
85,100.00
8,689.52
109.02*.11
128.11 (
23.e24.11)
CAPITAL OUTLAY
490-48000-520
uuzLozwc & sruocroxEs
0.00
0.00
0.00
0.00
0.00
490-48000-540
mmCnzwcx, m EquI,wswr
0.00
0.00
0.00
0.00
0.00
490-48000-560
runwz,ons AND pzxroxss
�0.10 _--_---Mo
---__-__0^00
-_0^00
0.00
ror^L c^,zr^L
oorL^,
0.00
0.00
0.00
0.00
0.00
5-16-2013 oz:os pm
czr, or
snoncwoou
PAGE: 4
^sysmus
m EXPENSE
xspoxr (mmuorrEo
AS o=: oscewosx azsr, aozz
490-soutxshnre Community ctr.
souths»ore Community ctr
100.00% OF
YEAR com,.
cunxswr
c"nxEwr
YEAR TO o^rs
m OF
0000sr
osp^xrMswr^L sxpswozru^ss
ouoosr
psxzon
^cro^'
aumcsr
a^L^mcs
TRANSFERS
490-48000-710 nssznu^L spuzry rn^wspExs
0.00
0.00
0.00
0.00
0.00
490-48000-720 o,sn^rzmG rx^msrsns
0~00
_---___0.00
0.00
--0.00
0.00
ror^L rn^wsrens
0.00
0.00
0.00
0.00
0.00
ron^L southsxore Community c,r
ea.*oo.00
7.310.31
123.251.91,
131.e6 (
2e.851.e1)
ror^L expswozroxss
93.400.00
7,310.31
123.251.e1
131.e6 (
29,851.91)
xsyswuss ovsx/(uwosx) sx,swozrvncs
300.00
11.303.37 (
47.552.3e)
47.852.3e
5 -16 -2013 03:57 PM
490- Southshore Community Ctr.
ACCT NO# ACCOUNT NAME
ASSETS
490 -10100 CASH AND INVESTMENTS
490 -10200 SOUTHSHORE CENTER -PETTY CASH
490 -10300 CASH WITH FISCAL AGENT
490 -10410 ALLOW FOR UNREALIZED INVEST GA
490 -10450 ACCRUED INTEREST RECEIVABLE
490 -11500 ACCOUNTS RECEIVABLE
490 -15500 PREPAID INSURANCE
TOTAL ASSETS
LIABILITIES
490 -20100 AP PENDING (DUE TO POOL)
490 -20600 CONTRACTS PAYABLE
490 -20800 DUE TO OTHER FUNDS
490 -21600 ACCRUED WAGES & SALARIES PAYAB
490 -22000 SIGN DONATION DEPOSITS
TOTAL LIABILITIES
FUND EQUITY
490 -25310 UNRESERVED, DESIGNATED FUND SA
TOTAL REVENUES
TOTAL EXPENDITURES
TOTAL FUND EQUITY
TOTAL LIABILITIES & EQUITY
CITY OF SHOREWOOD PAGE: 1
YEAR TO DATE BALANCE SHEET
AS OF: DECEMBER 31ST, 2012
BEGINNING M -T -D Y -T -D CURRENT
BALANCE ACTIVITY ACTIVITY BALANCE
13,012.07
12,488.85
50,623.33CR
37,611.26CR
192.25
192.25CR
192.25CR
0.00
0.00
0.00
0.00
0.00
0.49CR
0.00
0.49
0.00
0.37CR
0.00
0.37
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
13,203.46
-------- - - - - -- --------
-------------- --------
12,296.60
- - - - -- --------
- - - - -- --------
50,814.72CR
- - - - -- --------
- - - - -- --------
37,611.26CR
- - - - --
- - - - --
6,400.46CR
993.23CR
3,262.33
3,138.13CR
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
126.0008
0.00
0.00
126.00CR
0.00
0.00
0.00
0.00
6,526.46CR
993.23CR
3,262.33
3,264.13CR
6,677.0008
0.00
0.00
6,677.0008
0.00
18,613.68CR
75,699.52CR
75,699.52CR
0.00
7,310.31
123,251.91
123,251.91
6,677.000R
11,303.37CR
47,552.39
40,875.39
13,203.46CR
-------------- --------
12,296.60CR
- - - - -- --------
50,814.72
- - - - -- --------
37,611.26
- - - - --
5-16-2013 owms mv
czr, OF
smmsw000
PAGE: z
58,087.99
wsyswu* & EXPENSE
ns,onr (uNAUozrsW
«z.00
1.61
AS o=: APRIL
aorn. zoo
0.00
*so-snumshore Community crr.
0.00
13,600^00
26.41e.25
pzNAmcz^L suMMmn,
93,700.00
33.33% OF YEAR cump.
19.453.8e
cuaxcwr
cunxswr YEAR TO n^rs
% or uowss`
BUDGET
PERIOD ACTUAL
BUDGET BALANCE
REVENUE SUMMARY
co^nmss FOR ssnvzcss
mzscsLmNEOms xaawus
rx^wsnsms
,or^L ncvemoss
EXPENDITURE SUMMARY
soutxsxore Community ctr
ror^L sx,smozrunss
REVENUES OVER/(UNDER) EXPENDITURES
77,500.00
«.am.00
19,412.01
2s.05
58,087.99
2,600.00
0.00
«z.00
1.61
z.*su.zz
13^600.00
0.00
0.00
0.00
13,600^00
26.41e.25
93,700.00
4.168.68
19.453.8e
20.76
74.246.11
93,400.00
5,868.32
45,570.1+
_48.79 —_�7,829.86
93.400.00
5,868.32
*5.570.14 48.79
*r.oay.os
»oo.00 (
1.699.64)(
26,116.25)
26.41e.25
5-16-2013 ow:os ,m czr, OF snousw000 p^cs: z
nsyswos & sx,swsc xspovr (uNAuozrsn
AS o=: ^,nzL yorn. zoo
490-sout»s»nre Community ctr.
33.33% OF YEAR comp.
coxxrwr connswr YEAR TO n^rs m OF aomccr
xsyswuss u000s` psnzoo ^cru^L aoncsr y^'^wcs
CHARGES FOR SERVICES
4e0-3*101 xsw`^Ls
75,000.00
3,370.68
11,792.93
15.72
63,207.07
^oo-awos oorrows
0.00
0.00
267.00
0.00 (
267.00)
490-3*790 PROGRAM (CLASS) =sss __-�2,500.00
798.00
7,352.08
_294.08 (4,852.08)
roT^' CHARGES FOR ssnvzCss
77,500.00
4,168.68
ze.*zz.oz
25.05
58,087.99
MISCELLANEOUS REVENUE
490'36210 zw`sxss` s^nmzwcs
100.00
0.00
0.00
0.00
100.00
490-36211 u^zw / ('oss) ON zwvssrmswrs
0.00
0.00
0.00
0.00
0.00
490 -36230 cowrxzeorzow/mow^rzows
1.000.00
0.00
0.00
0.00
1,000.00
490 -36270 mzscs'L^wsous nEvswus
1.500^00
0.00
41.88
2.29
1.458.12
ror^L mzscsLL^wsovs xsvrwuc
2,600.00
0.00
41.88
1.61
2.558.12
TRANSFERS
490 -39201 rx^msrsx FROM orwsn^L puwo
13,6u00.00
0.00 ---___J0.00
0.00
13,600.00
ror^L ,n^wspexs
13,600.00
0.00
0.00
0.00
13.600.00
ror^L xsvcwuss 93,700.00 4.168.68 zn.*ss.ns 20.76 r«.z«o.z/
5-16-2013 u«:ns pm
czr, OF
sxunsw000
PAGE: u
xsysmvs & EXPENSE
psponr (UNAUDITED)
puu-rzms nscuum
AS op: ^pnzL
»orn. 2013
a.owr.z*
490-soutxs»ore community ctr.
2,047.14)
490-48000-102
sout»sxore Community ctr
0.00
*41.54
»u.usm OF YEAR cow,.
0.00 (
Cunxewr
connswT YEAR TO o^rs
% OF au"Gsr
ns,^xrmcwr^L rx,swozr"nss
uuncsr
,snzoo ACTUAL
a"oGsr a^L^mcs
PERSONAL SERVICES
490-*8000-101
puu-rzms nscuum
0.00
1,672.50
a.owr.z*
0.00 (
2,047.14)
490-48000-102
ovsnrzws
0.00
*41.54
e42.24
0.00 (
6*2.24)
xoo-^u000-zoa
,^xr-`zMc
0.00
wo.*z
2'1e2.7s
0.00 (
2,192.75)
490-48000-121
"sn^/zCmA mowrnIa-co, svm
0.00
166.53
331.66
0.00 (
331.66)
«yo-^uoon-zzz
=zc^ Comrxze-cn, sv^xs
0.00
199.25
373.47
0.00 (
373.47)
490-48000-131
sm,Lo,ss zwsuRANcccrn sv
0.00
0.00
0.00
0.00
0.00
«eo-^a000-mz
uwsm,'o,Mswr cow,swSATzow
0.00
0.00
0.00
0.00
0.00
490-48000-151
wonxens coM,cws^rzow
0.00
0.00 ___---0^00
_-0.00
0.00
TOTAL ,rxsom^L ssnvzCss
0.00
2,970.23
5,587.26
0.00 (
5,587.26)
MATERIALS & SUPPLIES
490-48000-200
ur=zcs su,p/zss
0.00
0.00
194.80
0.00 (
1e4.80)
490-48000-208
,os`^os
0.00
0.00
0.00
0.00
0.00
490-48000-221
sqozpmswr m^zmrsw^wcc
0.00
0.00
ory.z«
0.00 (
e7e.24)
490-48000-223
M^zmrswAmcs op voILnzwG
7,500.00
0.00
0.00
0.00
,.soo.00
490-48000-24S
ccwsn^L so,,Lzss
800.00
0.00
444.7s
55.5e
355.25
490-48000-246
,nosn^m cxpcwss
0^00 ---__532.50
7,289.80
0.00 (Z,2u89^aD)
ro`^' w^renz^Ls m su,,Lzrs
8,300.00
532.50
8,608.59
103.72 (
soa.se)
SUPPORT SERVICESICHARGES
490-48000-302
cowsuLrzwG psss
0.00
0.00
20,286.97
0.00 (
20,286.97)
490-48000-303
swGzwss^zwG rsss
0.00
0.00
0.00
0.00
0.00
490-48000-304
LEGAL rsss
0.00
0.00
0.00
0.00
0.00
490-48000-311
swuzwssxzws sr^pp
0.00
0.00
0.00
0.00
0.00
490-48000-315
swczwssnzwa comsruucrzow
0.00
0.00
0.00
0.00
0.00
490-48000-321
commuwIc^rzuws rs'rpvowc
100.00
125.11
s02.31
soa.a/ (
402.31)
490-48000-331
rn^vsL. CnwpsxswCs, m scno
0.00
0.00
0.00
0.00
0.00
490--48000-351
pxzwrzmo AND ,uo/zsnzwc
1,000.00
9.76
*o.*r
+.zs
957.53
490-48000-360
zwsun^mcc
3,000.00
0.00
0.00
0.00
3,000.00
490-48000-380
urzLzrzss
11.000.00
1.151.*3
s.ur,.oa
48.88
5,622.98
490-48000-400
cowrn^cro^' sEnvzcss
60,000.00
1,079.29
4.2s7.52
7.10
55.742.*8
490-48000-401
w^w^cswsmr pses
0.00
0.00
0.00
0.00
0.00
490-48000-410
xsm,^Ls
0.00
0.00
0.00
0.00
0.00
490-48000-433
nuss AND suuscnz,rzoms
0.00
0.00
202.00
0.00 (
202.00)
490-48000-437
r^xes//zcswsss
0.00
0.00
706.00
0.00 (
,00.00)
490-48000-440
Mzsc ssxvzcss
10,000.00
0.00
0.00
0.00
10,000.00
490-48000-450
a^wx scxvzcs cnAxcss
0^00 ---___0.00
___----0.00
0.00
D~DD
ror^L su,pomr sexvICss/cn^pccs
85,100.00
2,365.59
31.374.2e
36.87
53,725.71
CAPITAL OUTLAY
490-48000
-520
vuzLnzwc & srvocruucs
0.00
0.00
0.00
0.00
0.00
490-48000-540
M^cnzmsn, Si squz,wswT
0.00
0.00
0.00
0.00
0.00
490-48000-560
mnmzroxs AND =zxruxrs
0.00
0.l00 ___---0.00
_-0.00
0.00
,o,^L C^pzr^L
our/^v
0.00
0.00
0.00
0.00
0.00
susoos 04:05 pw
Czr, or
snonsw000
PAGE: 4
REVENUE
m EXPENSE
nsponr (UNAUDITED)
AS o=: ^pnz/
30rn. zoo
«oosoums»ore Community ctr.
soumsxore Community co
33.33%
OF YEAR cow,.
cunxswr
rnnxswr YEAR TO om's
m OF
uvocsr
ns,^mmEwn^L sx"swnnnnss
uooGrr
,snzoo
^Cru^L
ouoser
n^L^wcs
TRANSFERS
490-48000-710 nEszuu^L squzr, rx^wsrsns
0.00
0.00
0.00
0.00
0.00
490-48000-720 o,en^rzmu rx^ws"sns
0^00
o.0l
0.00 '—�0J00
0.00
ror^/ TxAm^rsns
0.00
0.00
0.00
0.00
0.00
TOTAL sout»sxore Community ctr
e3.400.00
S.nso.sz
45.570.1*
«a.re
+z.uze.us
,or^/ sx,smozruxss
93.400.00
5,868.32
45.570.1*
^a.rs
*r.nze.us
nsvcwucs ovsn/(umnsx) sxpswozrouss
300.00 (
1.e99.e4)(
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COOPERATIVE AGREEMENT
FOR THE
SOUTHSHORE SENIOR/COIti1MUNITY CENTER
THIS COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/
COMMt1NITY CENTER is made on this 4 day of March , 1996, by and among the
City of Deephaven, a Minnesota municipal corporation (Deephaven), the Ciry of Excelsior, a
Minnesota municipal corporation (Excelsior), the Ciry of Greenwood, a Minnesota municipal
corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation
(Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay),
(hereinafter collectively referred to as "Cities").
RECITALS
FIRST: Cities desire to develop asenior/community center (Center). The Center
shall be used by senior citizens for educational and recreational activities, including, but not
limited to, arts, crafts, music and other various programs of enrichment. In addition, the Center
shall be used by citizens for banquets, receptions, reunions and other public and private events
and other communiry-based activities such as those commonly provided at community centers
throughout the area.
SECOND: Cities desire to combine resources pursuant to Minn. Stat. § 471.59 to
develop and construct the Center.
NOW, THEREFORE, the parties covenant and agree as follows:
l .) Purpose. The parties have determined that each City is more economically and
efficiently served by constructing and operating the Center together rather than each City
constructing and operating its own community center. The parties agree that the Center shall be
used by senior citizens for educational and recreational activities, including, but not limited to,
arts, crafts, music and other various programs of enrichment. The Center shall also be used by
citizens for banquets, receptions, reunions and other public and private events and other
community-based activities such as those commonly provided at community centers throughout
the area. Such programs and activities shall be consistent with the use of the surrounding and
adjoining facilities. The overall guiding principle embodied in this Agreement is the mutual
desire of the parties to maximize the use of the Center by all members of the Cities' respective
constituencies.
2.) Ownership. The development and construction of the Center shall be financed
through a pooling of resources from Cities and The Friends of the South Lake Minnetonka
Senior Community Center, a Minnesota non-profit corporation with tax-exempt status pursuant
to §§ 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (Friends). Cities shall own
the Center as tenants in common, with the ownership interest of each City proportionate to each
City's investment in the Center. The amount of each City's investment and the proportionate
ownership of each City is set forth in Exhibit A attached hereto which may be amended from
time to time upon unanimous approval of the cities.
The Center shall be constructed on property conveyed by Shorewood to Cities for
One and 00/100 Dollar 01.00), and other good and valuable consideration, and which is legally
described on Exhibit B attached hereto. Shorewood shall be responsible for the design and
construction of the Center in accordance with the preliminary site plan and building elevation as
set forth on Exhibit C attached hereto.
3.) Funding. All amounts due from Cities for the development and construction of
the Center shall be remitted to Shorewood within sixty (60) days of the date of the execution of
this Agreement by an authorized representative of each City. Shorewood shall be the finance
manager and manager of the construction of the Center during the design and construction of the
Center and shall establish separate books of account to monitor the payment of funds. The
Cities shall be under no further obligation, pursuant to the terms of this Cooperative Agreement,
to fund the maintenance, operation, progr~mm;ng or staffing of the Center or any other costs,
expenses or capital investments relating to the Center.
4.) Excess Funds. Upon completion of construction of the Center, excess funds shall
be held in a restricted capital reserve account for the purpose of repairs and capital replacement
of the Center. This account shall be controlled by the Friends, however, no expenditure in
excess of Five Thousand and 00/100 Dollars ($5,000} shall be made without the approval of a
majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow
removal, routine building maintenance and cleaning or for any other operating costs.
5.) Lease. Cities shall lease the Center to Friends (Friends' Lease). The term of the
Friends' Lease shall be twenty-five (25) years and the rental rate shall be One and 00/100 Dollar
($1.00) per year and other good and valuable consideration. The Friends' Lease shall provide
for four (4) renewal periods of five (5) years each.
Friends shall operate and maintain the Center. Friends shall be required to pay
for any and all forms of insurance to adequately insure the Center against any and all risks
associated with operating and maintaining the Center, both known and unknown, including
worker's compensation insurance for Center employees and general liability insurance up to the
statutory limits of liability relating to the Center. Each policy shall name Cities as additional
insureds.
By entering into this Agreement, Cities do not agree to assume any risk or
responsibility for the acts or omissions relating to the operation and maintenance of the Center
by Friends, or for the procurement, or failure to procure, by Friends of insurance against all
insurable risks, both known and unknown, related to the Center, or for the acts or omissions of
any other City.
6.) Termination. Any City may terminate its participation in this Agreement at any
time for any reason upon thirty (30) days written notice to the remaining Cities. The remaining
Cities shall not have a right to object to any City's withdrawal from this Agreement. A
withdrawing city will not have the right to participate in decisions relating to this Agreement.
Withdrawal from this Agreement will not result in the forfeiture of the withdrawing City's
undivided ownership interest in the Center but the withdrawing City's share of the costs incurred
by the Cities pursuant to this Agreement, if any, shall be recovered out of the withdrawing City's
share of any proceeds resulting from the sale or liquidation of the Center.
At the termination of the lease term or ternination by action and approval of the
Cities, the Center may be sold subject to the following:
(a) .Shorewood Option. The City of Shorewood may retain the Center by repayment
to each of the remaining Cities an amount equal to their original capital contribution.
Shorewood may pay the remaining Cities in cash, or at its option, Shorewood may make
installment payments to the Cities over a period not to exceed ten (10) years payable in
equal annual installments of principal and interest at the rate of eight percent (8%) per
annum from and after the date of Termination.
(b} Sale to Third Party. The Center may be sold to a third party for fair market
value. In the event of sale to a third party, the City of Shorewood will assure adequate
access to the Center. The proceeds of said sale shall be allocated and paid to each City
proportionate to its original capital contribution as provided in the attached Exhibit A.
(c) Proceeds from Future Gain. Should Shorewood sell the Center to a third party
within ten (10) years of exercising alternative (a), the net proceeds of said sale beyond
the original capital contribution paid by each of the Cities shall be allocated and
paid to each City proportionate to its original capital contribution as provided in the
attached Exhibit A.
7.) Dissolution. Amendment, Termination. The following may only be undertaken
based on the written approval of two-thirds of the Cities: (a) Sale of the Center; (b) Amendment of
this Agreement; or (c) Termination of the Lease with The Friends of South Lake Minnetonka
Senior Community Center, or any renewal, extension, assignment or subleasing thereof or
successor thereto. The following may be undertaken upon written approval of a majority of the
Cities: (a) Capital improvements; or (b) City directed changes in the operation of the Center.
8.) Governing Law. This Agreement shall be construed and enforced in accordance
with the Laws of the State of Minnesota.
IN WITNESS WHEREOF, the Cities of Deephaven, Excelsior, Greenwood, Shorewood
and Tonka Bay, in accordance with the authorizing resolution from their respective City
Councils, have caused this Agreement to be duly executed.
CITY OF DEEPHAVEN
By: i - ~~ ~ ; :'- ~, ~ ~~ ,
Dated: ~ ~ y ~ 9 ~ Its: City Clerk Treasu er J ~~
C
By:
Its: Ma or
Dated: 2/28/96
Dated: ~-~ ~~~ ~ q ~
Dated:
Dated:
2/28/96
2/28/96
CITY OF EXCELSIOR
By
Its:
By
Its:
CITY OF GREENWOOD
Its: City {Clerk) Administrator ~' d
By:
Its: ayor
CITY OFi SHOREWOOD
1 ~
By: 4!~~ti~ ~ ~ '~~'
Its: City (Clerkl Administrator
~J
Its: Mayor
CITY OF TONKA BAY
By:
Its: City (Clerk) Administrator
B•
Its: l
022696.2
EACH 181' A
City ~ Contribution % Contribution
Shorewood $ 31 1 ,000 50.00%
Excelsior ~ 90, 812 14.60%
Greenwood 24,569 3.95%
Deephaven 139,639 22.45%
Tonka Bay 55, 980 9.00%
$ 622, 000 100.00%
COOPERATIVE AGREEN1EiVT
EYHIBiT B
DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COIYIMUNITY
CENTER
That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision
133, according to the plats on file in the office of the County Recorder, Hennepin County,
Minnesota, described as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence
southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning
of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing,
along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of
104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15
degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds
East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34
degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds
West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the
north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence
South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning.
Said parcel contains 26,000 square feet more or less
Together with a permanent easement for parking purposes over, under and across that part of said
Lots 12 and 27 described as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west Iine of said Lot 2? with said centerline; thence
South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest corner of the above
described parcel and to the point of beginning of the easement to be described; thence South 00
degrees 29 minutes 57 seconds East 27.00 feet; thence South 74' degrees 29 minutes 24 seconds
West 4.00 feet; thence South 15 degrees 30 minutes 36 seconds East 55.00 feet; thence South 74
degrees 29 minutes 24 seconds West 55.00 feet; thence North I5 degrees 30 minutes 36 seconds
West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00
degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds
East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34
degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly comer of tl!e above described
parcel; thence westerly and northwesterly along the southwesterly line of said above described
parcel to the point of beginning.
Together with the right of ingress and egress to and from the Country Club Road
Contains 31,452 square feet more or less.
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~ ~ ~ ~ i t ~~~ ~,.~~ ~ Q
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EXHIBIT C
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,! _ ~t
EASEMENT AGREEMENT
THIS EASEMENT AGREElYI~NT is made and entered into this 4 day of March 1996,
by and among the City of Shorewood, a Minnesota municipal corporation ("Shorewood"), and the City of
Deephaven, a Minnesota municipal corporation ("Deephaven"), the City of Excelsior, a Minnesota
municipal corporation ("Excelsior"), the Ciry of Greenwood, a Minnesota municipal corporation
("Greenwood"), and the City of Tonka Bay, a Minnesota municipal corporation ("Tonka Bay")
(Deephaven, Excelsior, Greenwood and Tonka Bay are hereinafter collectively referred to as "Cities").
RECITALS:
FIRST: Shorewood is the fee owner of that certain parcel of property located in the Ciry of
Shorewood, County of Hennepin, State of Minnesota, and legally described on Exhibit A attached hereto
("Property").
SECOND: Shorewood and Cities desire to develop on the Property a SeniorlCommuniry Center
("Center"). The Center shall be used by senior citizens for educational and recreational activities,
including, but not limited to, arts, crafts, music and other various programs of enrichment. In
addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and
private events and other community-based activities such as those commonly provided at community
centers throughout the area.
THIRD: Shorewood desires to grant to Cities an easement for parking on a portion of the
Property for forty-seven (47) parking stalls as cross-hatched on E.Yhibit B attached hereto ("Stalls") and
an easement for ingress and egress to the Stalls over that portion of Property (Stalls and Access
Property are hereinafter collectively referred to as "Easement Property").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant of Easement for Parking and for Ingress and Egress. Shorewood hereby grants to
Cities anon-exclusive easement for parking on the Stalls and anon-exclusive easement for ingress and
egress to the Stalls over the Easement Property for the use of pedestrian and vehicular traffic and parking
of the parties, their successors and assigns, their customers, guests, licensees and invitees.
?. Maintenance and Repair. The cost of maintenance and repair of the Stalls shall be the sole
responsibility of the tenant of the Center ("Tenant") as provided in the attached Lease.
3 . Insurance. Tenant agrees to maintain insurance on the Easement Property as provided in
the attached Lease.
4. Obstruction. Shorewood and Cities agree that no obstructions or improvements which
would prevent, restrict, impede or otherwise inhibit the passage of pedestrians or vehicles or the parking
of vehicles over, across, along and through the Easement Property shall be erected or placed by
Shorewood or Cities, their customers, guests, licensees or invitees on the Easement Property nor shall any
conduct, passive or affirmative, including, but not limited to, the overnight parking or storage of vehicles>
be permitted in or upon the Easement Property which would in any manner restrict the use of the Easement
Property for parking and for ingress and egress.
5 . Enforcement. In the event of any violation or attempted or threatened violation of the terms
hereof or any interference or attempted or threatened interference with the easement rights herein granted,
this Easement Agreement may be enforced by any parry to this Easement Agreement or by any successor
or assign of any parry hereto, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which restraining order or
injunction shall be obtainable upon the proof of the existence of such violation or attempted or threatened
violation or interference and without the necessity of proof of the inadequacy of legal remedies or
irreparable harm.
6. Duration. Bindin Effect. The term of this Easement Agreement shall terminate on the
earlier of (i) the twenty-fifth (25th) anniversary of the date of the Easement Agreement; or (ii) the mutual
agreement of Shorewood and Cities; or (iii) the termination of the Cooperative Agreement for Southshore
Senior/Community Center by and among Shorewood and Cities ("Cooperative Agreement") which
Cooperative Agreement is on file with each of the respective Cities. The term may be extended for up to
four (4) successive periods of five (5) years each commencing upon the expiration of the term or extended
term, as the case may be. This Easement Agreement shall be binding upon Shorewood's respective
successors in title.
7 . Governing Law. This Easement Agreement shall be construed and governed by the laws
of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the day
and year first above written.
CITY OF SHOREWOOD
By:
Its: Mayor
Its City (Clerk) Administrator
J
CITY OF DEEPHAVEN
~~ /~
By:
Its: ayor
.-~ ~ r
Its: City Clerk/'Treasurer , / ' f 5
2.
CITY OF EYCELSIOR
By:
Its: ayor
By: GZ~~ _ ~ ,--J
Its: City M ger
CITY OF GREENWOOD
Its: Mayor
Its: City (Clerk) Adrrunistrator ,%
CITY OF TONKA BAY
ts:
By: ~~~~~
Its City (Clerk) Administrator
STATE OF M]NNESOTA }
ss
COUNTY OF HENNEPIN )
e foregoing 'nstrument was acknow edQ d before me this ~~~ day o~•~-tL-y , 19 ~~3 by
. ~ , and ~ ~,~~ ~ ~ ~nv-~ ,the Mayor and City (Clerk) Administrator,
respectively, of the City of Shorewood, a Minnesota corporation, on behalf of the corporation.
~..~..,,~..,,...,.,,, ~j
°"''•~ RICHARD A. YUUtVG ~ ~ cx ~-^-~--
~3 NOTARY PUBLIC MINNESGiH c NO Public
MY COMMISSION ~XP1RE. ~
~''%•~'~ JANUARY 3i 2000
3.
STATE OF MpiVNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ~~t day of ,~.~?t~t' f , , 19~, by
~f~u ~~ rc~ ,(':~f ~ v~ ~`s ,and L ,r ~~.- ,the Mayor and City Clerk Treasurer, respectively,
of the City of Deephaven, a Minnesota corp~rati " n, on behalf of the corporation.
Notary Public
°""+;
STATE OF A~IINNESOTA ) ~ ; ~' •~
•.~,,.•
) SS
COUNTY OF HENNEPIN )
BARBARA J. S1KdRSK1
NOTARY PUBUI' • MINNESOTA
MY COM!,AISSION EXPIRES
.lq?~JARY 31, 20'JO
,nn,.,.n,,,vw~,.. Q,rw.r.~+
The foreg ing instrument w ackn ledged before me this Z~~~' day of~~~~~:, 19~ ~ by
~~ ~. ~~~~p ~~>;, and ~~~ ~t~v~a~ ,the Mayor and City Manager, respectively, of the
Ciry of Excelsior, a Minnesota corporation, on behalf of the corporation.
°""`•. RICHARD A. YOUNG
'~ ~ NOTARY PUBLK MINNE501A
' •' MY COMMISSION EXPIRES ~ 1
;~..+•~ JANUARY 31. 2000 v ,~
Notary Public
STATE OF MIlVNESOTA )
} ss
COUNTY OF HENNEPIN )
The f9reg~~g in trument w~wledaed before me this ~ day of ~ 9 ~~, by
,Q(~,,,r9, ,and G- E _, the Mayor and City (Clerk) ministrator,
respectively, of the Ciry of Greenwood, a Nlinne ota corporation, on behalf of the corporation.
°~ ~"`• MARK W. KELLY
~~ NOTARY PUBLIC-MINNESOTA
,• . ~....
~~, °~~~:.o~^ HENNEPIN COUNTY ~;
~ ? My Commission Expires Jan. 31, 2000 ~j
~~
No Public
4
STATE OF ~BNNESOTA )
ss
COUNTY OF HENNEPIN )
The..fore¢oing instrume _ s acknowledged before me this ~~ day of~Q.! P~.~' , 19 t ~O, by
1,._-u, ~ ~-~ ~ , and ~rtzc~i~ ~ y Ssc3~ ,the Mayor and City (Clerk) Administrator,
respectively, of the City of Tonka Bay, a Minnesota corporation, an behalf of the corporation.
,~..r.A RICHARD A. YOUNG
~`~,~.3 NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES ~ u, ~ ~ ~.r...,
'~,,,,,.~ ` JANUARY 3i. 2000 NOt Publ1C `t/ \
THIS INSTRUMENT WAS DRAFTED BY
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
(612) 835-3800
022696.4
5.
EXHIBIT A
PROPERTY
Lot 12, Block 2, Echo Hills 2nd Addition, and of Lot 27, Auditors Subdivision 133, according to the plat
on file in the office of the County Recorder, Hennepin County, Minnesota.
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Drawn 3y: Drawing irtfe Comm. No.
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RE'7. Ya=7a«n ~ Arelit.au . T,aaa.rs . Sur+eYors ..Jlie°I NO.
09~22/~5 ~~u...~yw..,u~iuw~f. a 3]aes.wy.re
oQ;",q$ SHOREwOOD , .LIIi`NES~TA
I
LEASE
THIS LEASE, made thisl7thday of April , 1996, between the Ciry of Deephaven,
the Ciry of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay
(the "Cities"), operating under that certain Cooperative Agreement for the Southshore Senior/
Community Center dated March 4, 1996, hereinafter collectively referred to as "Landlord," and
The Friends of South Lake Minnetonka Senior Community Center, a Minnesota nonprofit
corporation with tax-exempt status pursuant to §§ 170(c)(2} and § ~O1(c)(3) of the Internal
Revenue Code of 1986, hereinafter referred to as "Tenant."
RECITALS
WHEREAS, the Cities desire to provide a Center for use by senior citizens for education,
cultural participation, socializing, recreation, arts, crafts, music and similar programs of
enrichment; and
WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the
Center widely available to all citizens and residents; and
WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of
senior citizens; and
WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal
use, community organizations, meetings, banquets, receptions, reunions and similar public and
private activities; and
WHEREAS, the Cities desire to combine their resources to ensure the development,
construction, and completion of the Center.
NOW, THEREFORE, the parties do hereby agree and covenant as set forth below:
IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth,
the parties agree as follows:
1.) Premises. Landlord hereby leases to Tenant and Tenant takes from Landlord,
subject to the terms and conditions of this Lease, a building and land situated at
5735 Country Club Road, containing approximately 26,Od0 square feet of space and Legally
described on Exhibit A attached hereto ("Premises"), together with a permanent easement for the
non-exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the
Premises, all of which are located on a parcel of land hereinafter referred to as the "Property."
2.) Term. The term of this Lease shall commence on the date of the issuance of the
Certificate of Occupancy ( , 1996) ("Commencement Date") and shall
terminate on the earlier of (i) the twenty-fifth (25th) anniversary of the Commencement Date; or (ii)
the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The
Term may be extended by the Tenant for up to four (4) successive periods of five (5) years each
commencing upon the expiration of the Term. If Landlord and Tenant disagree as to whether the
useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution
in accordance with Article 34 herein.
The Lease may be terminated upon the occurrence of any of the
following: (1) insolvency or dissolution of Tenant; or (2) the
decision to terminate approved in writing by two-thirds of the
Cities. Written notice of termination shall be provided to each of
the Cities and to~ the Tenant, thirty (30) days in advance of the
effective date of such termination.
3.) Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for
educational and recreational activities, including, but not limited to, arts, crafts, music and other
various programs of enrichment. The Center shall also be used by citizens for banquets,
receptions, reunions and other public and private events and other comrnuniry-based activities
such as those commonly provided at community centers throughout the area. The Premises are
leased for the operation of a senior/community center or such other purpose as Landlord agrees
to in writing and which shall be allowable under applicable zoning and use restrictions of the
City of Shorewood, County of Hennepin, State of Minnesota. Tenant shall obtain prior approval
from the City of Shorewood ar its designee before scheduling events in which the occupancy of
the Premises exceeds one hundred (100) persons.
4.) Rent. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of
One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement
Date and each anniversary of the Commencement Date during the term of this Lease.
5.) Taxes and Assessments. As additional rent, Tenant shall pay all of the real estate
taxes and special assessments levied against the Property and any other taxes levied against the
Property which shall become due and payable during the term of this Lease. In addition, Tenant
shall pay any personal property taxes and all other taxes or charges levied or assessed against
Tenant or the personal property or fixtures owned by Tenant.
6.) Utilities. As additional rent, Tenant shall pay all the charges for all public utility
services rendered or furnished to the Premises, including, but not limited to, heat, air
conditioning, water, gas, electricity and sewer, garbage or waste removal, telephone and any
other expenses arising out of or incidental to the use and occupancy of the Premises.
7.) Insurance. As additional rent, Tenant agrees to provide and keep in force during
the term of this Lease the following insurance coverage:
(a) Fire and all risk insurance in some insurance company or companies authorized to
do business in the State of Minnesota in an amount not less than the full insurable value
of the building and other improvements on the Premises, and in any event with an agreed
value endorsement, and to keep such insurance in full force and effect for and during the
time any buildings and improvements are located on the Premises during the term of this
Lease. The coverage shall include all risks commonly insured against by prudent
institutional investors for properties similar to the Premises in the Minneapolis area. For
the purpose hereof "Full Insurable Value" shall mean the replacement cost of the
improvements without allowance for depreciation, but excluding footing, foundations,
and other portions of improvements which are not insurable. Such policy or policies
shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the
building not occupied by Tenant.
(b) Public liability and property damage insurance with limits of not less than
$1,000,000.00 for injury and death to any one person, and $3,000,000.00 for injury or
death in any one accident or occurrence including property damage, insuring Landlord
and Tenant, and with across-liability endorsement covering claims by an insured against
another insured.
All policies required by this paragraph shall be carried in such companies as reasonably
approved by Landlord and Tenant.
All such policies shall not be subject to cancellation or material modification except after
thirty (30) days written notice to Tenant, Landlord and Landlord's mortgagee, if any, and each
policy shall so provide. All policies required hereunder shall be obtained by Tenant..
Tenant shall not carry any stock of goods or do anything in or about the Premises which
will impair or invalidate the obligation of any policy of insurance on or in reference to the
Premises or the building. Tenant agrees to pay upon demand, as additional rent, any increase in
premiums for insurance that may be charged during the term of this Lease on the insurance to be
carried by Tenant on the Premises or the building, resulting solely from any increased risk
associated with the business carried on in the premises by Tenant or materials stored therein or
uses made thereof.
As and if required due to failure of Tenant to act, Landlord shall purchase all insurance
as set forth in this Lease. Tenant shall immediately reimburse Landlord for the cost of said
insurance. Tenant shall make monthly payments in an amount which is sufficient to pay the next
annual insurance premium when said premium is due. Landlord shall not be required to pay any
interest on amounts escrowed pursuant to this provision.
8 .) Repairs, Maintenance and Alterations. Tenant agrees to maintain the Premises in
good order, condition and repair during the term of this Lease, including plowing and maintenance
of the parking area referred to in Paragraph 1 above. Tenant shall repair or replace at its own
expense any improvement or part thereof on the Premises necessary to so maintain it, and to return
the Premises at the end of the term of this Lease in the same condition as it was received,
reasonable wear and tear, casualty losses and acts of God excepted. Any improvements,
expansion or structural modifications made by the Tenant to the Premises shall become the
property of the Landlord at the termination of the Lease.
9.) Compliance with Laws and Regulations. Tenant shall comply with all statutes,
ordinances, rules, orders, regulations and requirements of all federal, state, city and local
governments and their agencies.
10.} Signs. Tenant shall have the right to install and maintain signs advertising
Tenant's business, provided the signs conform to law and to the requirements of alI appropriate
governmental authorities and are located in areas designated by Landlord and the design, size
and color of said signs are approved by Landlord in its reasonable judgment.
I l.) Eminent Domain. If the Premises, or so much of the Premises as to render the
remainder unsuitable for Tenant's purposes, is taken by any public authority under its power of
eminent domain, or by private purchase in lieu thereof, then this Lease shall terminate upon the
date possession of the Premises is surrendered. A11 damages and awards shall be made to the
Landlord. If less than the entire Premises is taken and Tenant's business is not interfered with
thereby, Landlord shall restore or rebuild the remaining portion to render it reasonably suitable
for Tenant's purposes, and this Lease shall continue for its full term. Nothing in this paragraph,
however, shall be construed to permit the abatement in whole or in part of any charges or
obligations of Tenant.
12.) Destruction of Premises. Tenant shall give immediate notice to Landlord of any
damage to or destruction of the Premises. If the Premises are either totally or partially destroyed
by fire or other casualty, the Lease shall terminate unless otherwise agreed to in writing by
Landlord.
13.) Subleasing or Assignment. Landlord reserves the right to assign this Lease at any
time. Tenant may sublease, sell, assign or transfer any part of its interest in this Lease or its term
only with the prior written consent of Landlord. In any event, upon the making of a sublease or
assignment of its interest, Tenant shall remain liable on all its obligations hereunder unless
expressly released therefrom by written notice signed by Landlord.
14.) Default. The following shall each be deemed to constitute a default by Tenant
and a breach of this Lease:
(a) Failure to pay when due the rent or any part thereof, provided in Paragraphs 4
through 7. y
(b) Failure to perform all other terms, covenants and conditions of this Lease
required to be performed by Tenant, within ten (I O) days after notice of breach and
request for performance is given by Landlord.
(c) The abandonment of the Premises by Tenant, the adjudication of Tenant as a
bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the
taking by Tenant of the benefit of any insolvency act or law, the appointment of a
permanent receiver or trustee in bankruptcy for the property of Tenant, or the
appointment of a temporary receiver which is not vacated or set aside within sixty (60)
days from the date of such appointment.
(d) Failure of the Tenant to use the Premises as provided in Paragraph 3.
1
15.) Termination for Default. In the event of default by Tenant, Landlord shall have
the right to cancel and terminate this Lease without notice and to institute appropriate
proceedings to recover possession of the Premises. This right is in addition to and cumulative of
any other right or remedy Landlord may be given under this Lease or by applicable law.
Landlord may recover possession of the Premises without terminating this Lease. Failure or
refusal of Landlord to terminate this Lease in the event of default shall not be deemed to be a
waiver of its right to terminate this Lease at any time for said default or any subsequent default
by Tenant.
16.) DeIincluent Rental and Other Char~.,es. Notwithstanding any other remedy which
Landlord may pursue, if Tenant defaults, in whole or in part, in the payment of rent, taxes,
assessments, utilities, insurance, or any other charges, Landlord may obtain judgment for any
unpaid rentals and other charges which have become payable, or which may thereafter become
payable; Tenant agrees to reimburse Landlord for all costs and expenses, including reasonable
attorney's fees, incurred by Landlord in collecting such rent and/or other charges.
17.) Breach of Covenants. Notwithstanding the existence of any other remedy which
Landlord may pursue, if Tenant defaults in any of its obligations arising out of this Lease,
Landlord shall have the right to pay said obligation and Tenant hereby agrees to reimburse
Landlord for all costs and expenses, including reasonable attorney's fees, incurred by it in
protection of its interest hereunder, and Tenant agrees to pay interest at the rate of ten percent
(1Q%) per annum to Landlord on all costs and expenses incurred, commencing with the date of
notice to Tenant of Landlord's discharge of any of its obligations.
18.) Indemnification. The Tenant agrees to indemnify and save harmless the
Landlord from any and all claims by and on behalf of any persons, firms or corporations, arising
from the conduct or management of, from any work or thing whatsoever done by or on behalf of
the indemnifying party in or about, or its activities upon or occupancy of, the Premises during
the term of this Lease, and will further indemnify and save the other party harmless against and
from any and all claims arising from any breach or default on the part of the indemnifying parry
in the performance of any covenant or agreement on the part of such indemnifying parry to be
performed pursuant to the terms of this Lease, or from any violation or failure to comply with
any law, ordinance or regulation, or from any act or negligence of such party, or any of its
agents, contractors, servants, employees, licensees, or invitees or arising from any accident,
injury or damage whatsoever caused to any person, firm or corporation, occurring during the
term of this Lease, in or about the Premises, or upon or under the sidewalks and the land
adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses
and liabilities incurred in or about any such claim or action or proceeding brought thereon; and
in case any action or proceeding be brought against the one parry by reason of any such claim,
~.
the indemnifying parry upon notice from the indemnified party covenants to contest or defend
such action or proceeding by counsel reasonably satisfactory to the indemnified parry.
I9.) Quiet Enjoyment. Landlord covenants that Tenant, upon payment of rent and all
other sums due Landlord and upon performance by Tenant of the terms, conditions and
covenants of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises
for the entire term of this Lease; Landlord further covenants that it has good right to make this
Lease for its entire term.
20.) Right of Inspection. Landlord shall at all times have the right to enter upon the
Premises to inspect its condition, and at its election, to make reasonable and necessary repairs
thereon for the protection and preservation thereof, but nothing herein shall be construed to
require Landlord to make such repairs, and Landlord shall not be liable to Tenant, or any other
person or persons, for failure or delay in making said repairs, or for damages or injury to person
or property caused in or by the making of such repairs, or the doing of such work. Landlord
shall have the right during the last sixty (60) days of the term of this Lease to advertise the
Premises for rent and to place and maintain on the Prenuses the usual notices and to show the
Premises to prospective tenants.
21.) Notices. All written notices required shall be given by certified mail to the
parties at the addresses stated below:
If to Landlord: City Clerk
City of Deephaven
20225 CottaQewood Road
Excelsior, MN 55331
City Clerk
City of Excelsior
339 Third Street
Excelsior, MN 55331
City Clerk
City of Greenwood
20225 Cottagewood Road
Excelsior, MN 55331
City Clerk
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
6.
City Clerk
City of Tonka Bay
4901 Manitou Road
Tonka Bay, MN 55331
With a copy to: LARKIN, HOF~, DALY & LIl~TDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Ave. S.
Bloomington, MN 55431
Attn: Timothy 1. Keane, Esq.
If to Tenant: The Friends of South Lake Minnetonka Senior
Community Center
%a Ben Withhart
10709 Wayzata Blvd, Suite 111
Minnetonka, MN 55305
22.) Subordination. Tenant hereby agrees that this Lease shall be subordinate to the lien
of any mortgage hereinafter imposed upon the Premises by Landlord. Tenant also agrees to
execute an estoppel certificate in reasonable form and substance if requested by Landlord or any
mortgagee with respect to this Lease.
23.) Holdin;.Over. Upon termination of this Lease, Tenant shall vacate the Premises.
If Tenant continues in possession of the Premises after termination, the tenancy of Tenant shall
be from month to month only, and all other terms and conditions of this Lease shall remain in
full force and effect.
24.) Binding Effect. Except to the extent otherwise provided herein, this Lease and
the terms, conditions and covenants contained herein shall be binding upon and inure to the
benefit of Landlord and Tenant, and their respective successors, heirs and legal representatives
and assigns.
25.) Governing Law. This Lease shall be construed under and governed by the laws
of the State of Minnesota.
26.) Severability. In the event any provision of this Lease shall be found invalid or
unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof
shall continue in full force and effect pursuant to their terms.
27.) Entire Agreement. This Lease contains the entire agreement between the parties,
and any amendment hereafter made shall be ineffective to alter, modify or discharge any
provision hereof unless the amendment is in writing and signed by the party against whom
enforcement is sought.
28.) Attorneys' Fees. If Landlord has to enforce any term or provision of this Lease,
including but not limited to any unlawful detainer proceeding, Landlord shall be paid its
reasonable attorneys' fees, costs and disbursements by Tenant and said monies shall be deemed
additional rent due under this Lease.
7.
29.) Rent. All monies due from Tenant under the terms and conditions of this Lease
shall be deemed to be additional rent due under this Lease.
30.) Tenant Improvements. Any improvements made by Tenant to the Premises,
except trade fixtures, shall become the property of Landlord at Landlord's option at the
terrrunation of the Lease. If Landlord does not choose to own said improvements at the
termination of the Lease, Tenant shall remove said improvements at Tenant's sole cost and
expense.
31.) Net Lease Intended. It is the intention of the parties that Landlord shall receive
the cash rental specified herein as net rental, free from all taxes, charges, expenses, damages and
deductions of every description, except as set forth herein. Under no condition shall the
Landlord be required to make any payment of any kind whatsoever or be under any obligation or
liability hereunder, except as herein expressly set forth.
32.) Waste: No Liens. Tenant agrees not to do or suffer any waste to the Premises, or
cause, suffer or permit any liens to attach to or to exist against the Premises by reason of any act
or omission of Tenant or persons claiming through Tenant or by reason of its failure to perform
any act required of it hereunder and Tenant shall not permit the Premises to be used for any
illegal purpose. Provided, however, Tenant shall not be required to pay or discharge any lien
against the Premises so Iong as Tenant has given Landlord notice of its intent to contest such lien
and Tenant is in good faith contesting the validity or amount thereof and has given to Landlord
such security as Landlord has reasonably requested to assure payment of such Lien and to prevent
the sale, foreclosure or forfeiture of the Premises by reason ofnon-payment. On final
determination of the lien or claim of lien Tenant shall immediately pay any judgment rendered,
and all costs and charges, and shall cause the lien to be released or satisfied. Tenant shall not use
or permit the use of the Premises in any manner which would result or would with the passage of
time result in the creation of any easement or prescriptive right. Tenant shall not use or occupy
the Premises, or knowingly permit them to be used or occupied, contrary to any statute, rule,
order, ordinance, requirement or regulation certificate of occupancy affecting the same, or which
would make void or voidable any insurance then in force with respect thereto or which would
make it impossible to obtain fire or other insurance thereon required to be furnished hereunder at
Tenant's expense, or which would cause structural injury to the improvements or cause the value
or usefulness of the Premises, or any portion thereof, substantially to diminish (reasonable wear
and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant
agrees that it will promptly, upon discovery of any such use, take ail necessary steps to compel
the discontinuance of such use.
33.} Headings. The headings used in this Lease are for convenience only and shall not
have any bearing or meaning with respect to the content or context of this instrument.
34.) Dispute Resolution. In the event the parties to this Agreement cannot agree on
the proper method of conducting business or operation, improvement and maintenance of the
Premises, the parties or outside parties may submit the issues for resolution in the following
order:
First, as a grievance to Tenant with a recommended course of action or a grievance of
Tenant to Landlord with a recommended course of action; and
Second, grievance submitted to a panel consisting of a representative of Tenant and a
representative selected by each Ciry comprising the Landlord; and
Third, grievance submitted to the same panel described above in mediation with a
mediator from West Suburban Mediation Services or a mediator agreed on by the parties.
S.
The cost of mediation services shall be shared equally by all parties.
35.) Termination. Landlord shall have the right to terminate this Lease without cause
upon thirty (30) days written notice to the Tenant.
36.) Excess Funds. Upon completion of construction of the Center, excess funds shall
be held in a restricted capital reserve account for the purpose of repairs and capital replacement
of the Center. This account shall be controlled by the Friends, however, no expenditure in
excess of X5,000 shall be made without the approval of a majority of the Cities. This reserve is
not intended for day-to-day maintenance such as snow removal, routine building maintenance
and cleaning or other operating costs.
37.) Limitation on Right of Recovery Affainst Landlord. Tenant acknowledges and
agrees that the liability of Landlord under this Lease shall be limited to its interest in the
Premises and any judgments rendered against Landlord shall be satisfied solely out of the
proceeds of sale of its interest in the Premises. No personal judgment shall lie against Landlord
upon extinguishment of its rights in the Premises and any judgment so rendered shall not give
rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure
to Landlord's successors and assigns including any Mortgagee. The foregoing provisions are not
intended to relieve Landlord from the performance of any of Landlord's obligations under this
Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment
against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive
relief or specific performance or to avail itself of any other right or remedy which may be
awarded Tenant by Iaw or under this Lease.
38.) Permits. Tenant shall diligently seek and, upon issuance, maintain in force and
effect alI permits, licenses, and similar authorizations to use the Premises for the purposes set
forth herein required by any governmental authority having jurisdiction over the use thereof.
Landlord shall, at Tenant's request, join with Tenant in executing, acknowledging, and
delivering any and all petitions, consents, applications, approvals, reviews, easements, or similar
documents that may be required for the installation of any improvements, utilities, public
improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning,
special use, platting, or other similar development, construction and operation of the Premises.
IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as
of the date first above written.
LANDLORD:
CITY OF DEEPHAVEN
Dated: ~ ~ ~+ ~ q'-
Dated: ~~ "~ ~ `~~'
By: ~ ~~,1-1~~ ~~ "~ Ear,,; ,; ~~~~~~ ~ ,_
Its: City (Clerk) Administrator;,/ ~)
4
By:
Its: Mayor
9.
CITY OF EXCELSIOR
Dated: ~ ~~~~~ r -~
Dated: ~~ ~~~- ~ ~ ~ ~%
Dated: ~~~ ~~ ~
/~
By' 2- ~ rYL- !L ~'"
Its: iry~M~; r
By:
Its: M or
CITY OF GREENWOOD
Its: Ciry (Clerk) Administrator
Dated: :x l ~~ n" 1 ~f
Dated: -~~~ `~~~ ~:
Its: Mayor
CITY OF SHOREWOOD
By:
(Clerk) Administrator
Dated: ~--/ ~~ `s'/ ~i ~~~
Dated: ~ ~ 3-~` /~7
Dated: ~ ~ ~ ~- ~ ~ r (~'
0^'?696.1
),
By: G~-G~~L ~: t-r~~a-~'e~, ~--~
Its: Mayor
CITY OF TONKA BAY
By: ---~
It :City (Clerk) Administrator
B•
I'
TENANT:
THE FRIENDS OF SOUTH LAKE
1~~NNETONKA SENIOR COl~I1V~[UNI'I'Y
CENTER
B ~~~~
Y
Its:
10.
LEASE AGREEMENT
EXHIBIT A
DESCRIPTION OF FARCEL TO BE DEEDED TO THE SENIOR COM'iVfUNITY
CENTER
That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision
133, according to the plats on file in the office of the County Recorder, Hennepin County,
Minnesota, described as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence
southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning
of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing,
along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of
104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15
degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds
East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34
degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds
West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the
north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence
South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning.
Said parcel contains 26,000 square feet more or less.
Together with a permanent easement for parking purposes over, under and across that part of said
Lots 12 and 27 described as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west Iine of said Lot 27 with said centerline; thence
South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest corner of the above
described parcel and to the point of beginning of the easement to be described; thence South 04
degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds
West 4.00 feet; thence South 15 degrees 30 minutes 36 seconds East 55.00 feet; thence South 74
degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds
West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00
degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds
East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34
degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly corner of the above described
parcel; thence westerly and northwesterly along the southwesterly line of said above described
parcel to the point of beginning.
Together with the right of ingress and egress to and from the Country Club Road.
Contains 31,452 square feet more or less.
FIRST AMENDMENT TO LEASE
THIS FIlZST AiY1E~TDMENT' TO LEASE by and between the City of Deephaven, the City of
E;ccelsior, the Ciry of Greenwood, the City of Shorewood and the City of Tonka Bay (the
"Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the
"Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4th day of
March .1996 (the "Lease") is made this 17th day of April 1996,
as follows:
At least 60 days prior to commencement of construction of the Center, Tenant shall prepare
proposed rules and procedures for the use and operation of the Center and shall submit them to
Deephaven for review and approval. If Tenant and Deephaven are unable to agree upon the rules
and procedures, the disagreements shall be addressed in the manner provided in Section 34 of this
Lease. If Tenant wishes to amend or modify the rules and procedures it shall submit the changes
to Deephaven for review and comment.
LANDLORD:
CITY OF DEEPHAVEN
Its: City (Clerk) Administrator ~
~~
By:
Its: ayor
CITY OF EXCELSIOR
-,
By:
By:
CITY OF GREENWOOD
Its: Ciry (Clerk) Administrator (~
S iVlayor
CITY OF SHOREWOOD
~ ~-tr1,1c ~'t~~
By. ITS: City (Clerk) Administrator
_~
i
TTS: Mayor
'T'ENANT:
THE FRIENDS OF SOUTH LAKE
NIINNETONKA SENIOR COMMITNITY
CE
By:
ts:
OZ?696.3
CITY OF TONKA BAY
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE by and between the City of Deephaven, the
City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the
"Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the
"Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4`~ day of
March, 1996, as amended April 17, 1996, by First Amendment, (the "Lease") is made this
day of , 20_, as follows:
1. The name of the Tenant shall be corrected to read: Friends of the Southshore Senior
Community Center.
2. The first sentence of paragraph 7.) (b) of said Lease is amended in its entirety to read
as follows:
"Public liability and property damage insurance with limits of not Iess than
$1,000,000.00 for injury and death to any one person, and $1,000,000.00 for injuuy or
death in any one accident or occurrence including property damage, insuring Landlord
and Tenant, and with across-liability endorsement covering claims by an insured against
another insured."
LANDLORD
CITY OF DEEPHAVEN
By:
By:
Its: City (Clerk) Administrator
Its: Mayor
CITY OF EXCELSIOR
By:
Its: City Manager
By:
Its: Mayor
CITY OF GREENWOOD
By:
Its: City (Clerk) Administrator
CITY OF SHORE
By: ,
Its: 1
By:
CITY OF TONKA BAY
Its: Ci (Clerk) Administrator
Its: Nlayor ~
By:
Its: Mayor TENANT:
THE FRIENDS OF SOUTH LAKE
Iti~NNETONKA SENIOR
COhwIL1NITY CENTER., now
Known as FRIENDS OF THE"
SOUTHSHORE SENIOR
COMMUNITY CENTER
By:
Its:
Its: Mayor
COOI'EF? b TTii E ~~ n Tly T'ETy p?~ICE AE I~ ~'ERgErTT
FOR THE
SOUTHSHORE SENIOR/COMNIUNITY CENTER
This Agreement is made and entered into as of January 1, 2008, by and between the City of
Deephaven, a Minnesota municipal corporation (Deephaven), the City of Shorewood, a Minnesota
municipal corporation (Shorewood), the City of Excelsior, a Minnesota municipal corporation
(Excelsior), the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), the City of
Greenwood, a Minnesota municipal corporation (Greenwood}, hereinafter collectively referred to as
"Cities" and the Friends of the South Lake Minnetonka Senior Community Center, a Minnesota
nonprofit corporation, hereinafter referred to as "Friends".
WITNESSETH:
WHEREAS, the Cities entered into a Cooperative Agreement for the SouthShore Senior/Community
Center (Center) on March 4, 1996 that established the terms and conditions for the construction of the
Center and the amount of each City's original investment and proportionate ownership in the Center as
set forth in Appendix A; and
WHEREAS, the Cities entered into a Lease on April 17, 1996 with the Friends that established the
Friends as tenants of the Center and as the responsible party for maintaining the Center in good order,
condition and repair during the term of the Lease; and
WHEREAS, the following proposal has been submitted by the Friends and Senior Community Services
(SCS) requesting that the Cities provide the Friends with interim funding in 2008 for the maintenance
of the Center thereby enabling the Friends to fund a portion of SCS's costs for providing senior
programs and services:
PROPOSAL
1) The Cities are requested to provide building maintenance funding up to the amount of
$42,602.00 to the Friends in 2008 as "interim funding" to enable the Friends Board and the
Cities an opportunity to develop a specific proposal for long term funding.
2) The funding provided by the Cities in 2008 would be used solely for building maintenance.
3) The funding request of $42,602.00 would be allocated among the Cities according to each
city's ownership percentage in the building and would be comprised of two parts:
a) $17,602.00 according to each city's ownership percentage.
b) Up to $25,000.00 in fiznds according to each city's ownership percentage that would
"match" the Friends additional net fundraising activities.
4) The Friends would assume the responsibility for monitoring, evaluating and negotiating
programs, services, staffing and program funding at the Center for 2008 and develop a plan
for management responsibility.
~) SCS would cover staffing costs at the Center from agency reserve funds through 2007 upon
the Cities approval of the interim funding proposal.
-1-
lYTO YY~ TuEP~EFOIDE, the pal Lles leer eby agree as Ul1V Ws:
1. Exclusive Use of Funds. The Cities contribution of up to $42,602.00 is granted solely for 2008 and
shall be used exclusively by the Friends for the maintenance of the Center. Any surplus funds
remaining from the $42,602.00 that are not needed for the maintenance of the building in 2008
shall be deposited within a Building Maintenance Reserve Fund. The Cities contribution shall be
made in quarterly installments, beginning in January 2008. The October 2008 payment shall
address any potential shortfall in the additional fundraising efforts of the Friends.
Friends Fundraising Contribution. The additional $25,000.00 in fundraising that has been
proposed by the Friends for 2008 must be net fundraising income over and above the regular
fundraising income that the Friends normally raise each year, using FY 2006 which has been
established as a base line as shown in Appendix B, in order to receive matching funds from the
Cities.
3. 20D8 Funding Shall Not Exceed $42, 602.00. The Cities contribution in 2008 shall not exceed
$42,602.00 and will not be increased.
4. In the Event o, f an Operating Shortfall. If, for any reason, the Friends incur expenses in excess of
the contributions of the Cities when operating the Center in 2008, the shortfall shall be the
responsibility of the Friends and not the Cities, and the existing reserves of the Friends Board shall
not be used for the purpose of "covering" the shortfall. Reserves are to be dedicated for building
maintenance.
5. Reporting Requirements. The Friends shall provide the Cities with quarterly reports beginning on
April ls` detailing all revenues and expenditures in order to monitor the progress of the fundraising
efforts, building rental income, payments, program services provided and consideration of the
establishment of a Foundation.
Amendments to Existing Agreements. The Cities shall make the appropriate amendments to the
1996 Cooperative Agreement and Lease that more accurately defines the new role of the Friends
Board regarding managing staffing, programs and services during the 2008 interim funding period.
7. Long Term Funding and Management Plan. The Cities and Friends shall complete preliminary
documents pertaining to the establishment of a long-term funding and management plan for the
Center beyond 2008 by March 1, 2008. Final documents and the necessary amendments to
existing agreements for a loner term funding and management plan for the Center shall be
completed by June 1, 2008.
8. Term. The term of this Agreement shall commence on January 1, 2008 and continue for twelve
months ending December 31, 2008.
Governing Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Minnesota.
-~-
IN WITNESS WHEREOF, the Cities of Deephaven, Shorewood, Excelsior, Tonka Bay and
Greenwood, in accordance with the authorizing resolution from their respective City Councils, and the
Friends of the South Lake Minnetonka Senior Community Center, have caused this Agreement to be
duly executed.
Dated: t~ ~ °' t~~
.a ~ ~ ~g .~
Dated: ~ ~
Dated: ~ ~ ~ ~ `~ ~ ~ ''~
Dated:
CITY OF DEEPHAVEN
CITY OF SHOREWOOD
~~ _ ,'`~~
/, `'`
Its: Adm~ n.istrato
By:
Its: Mayor
CITY OF EXCELSIOR
CITY OF TONKA BAY
-3-
Dated: l ~ `_ ~ ~° ~~C~ t B~
Its
By
Its: Mayor
FRIENDS OF THE SOUTH LAKE
MINNETONKA SENIOR COMMUIv'ITY
CENTER
Dated: ~~~ ~,~ ~-
.--y'
-4-
CITY OF GREE? VV OOD
EXHIBI'T' A
Cit $ Contribution % of Contribution
Shorewood 311,000 50.00%
Excelsior 90,812 14.60%
Greenwood 24,569 3.95%
Dee haven 139,639 22.45%
Tonka Ba 55,980 9.00%
Total 622,000 100.00%
EXHIBIT ~
F~' 2006 FUNDRAISING BASELINE
FUNDRAISING EVENT NET EVENT REVENUES GROSS EVENT REVENUES
Attic Sale 2,286.00 2,884.30
Friends CaYn ai n 7,652.00 9,410.00
Raffle 1,471.00 7,846.00
Wine Tasting 2,686.00 3,242.00
Tota12006 Fundraisin 14,095.00 23,382.30
CITY OF
5755 Country Club Road e Shorewood, Minnesota 55331 ® 952 - 474-3236
Fax; 952 -474 -0128 a www.ei.shorewood.mmus ® cityhall @ci.shorewood.mn.us
July 23, 2009
Enclosed is your City's copy of the fully executed Agreement for the Lease and Operation of the Southshore
Community Center for your file.
CC: City of Deephaven
City of Excelsior
City of Greenwood
City of Tonka Bay
AGREEMENT FOR THE LEASE
AND OPERATION OF THE SOUTHSHORE COMMUNITY CENTER
THIS LEASE AND OPERATION AGREEMENT, is made this2,5 day of June, 2009, between the City of
Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka
Bay (the "Cities" or "Landlord "), and the City of Shorewood ( "Tenant ").
FR
WHEREAS. the Cities desire to provide a Center for use by senior citizens for education, cultural
participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and
WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center
widely available to all citizens and residents; and
WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior
citizens; and
WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use,
community organizations, meetings, banquets, receptions, reunions and similar public and private
activities; and
WHEREAS, the Cities agree that it is to their mutual benefit that Tenant operate the Center
consistent with the terms of this Lease for the purpose of providing the most efficient service to the
public and avoiding future conflict regarding the Center's operation;
NOW, THEREFORE, the parties do hereby agree and covenant as set forth below:
IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth, the parties
agree as follows:
1. Premises Landlord hereby leases to Tenant and Tenant takes from Landlord, subject to
the terms and conditions of this Lease, a building and land situated at 5735 Country Club Road,
containing approximately 26,000 square feet of space and legally described on Exhibit A attached hereto
( "Premises "), together with a permanent easement for the non - exclusive use of forty -seven (47) parking
stalls, entrances, restrooms and exits adjacent to the Premises.
2. Term The term of this Lease shall commence on July 1 , 2009 and shall terminate on
December 31, 2012. The term of this Lease shall renew for successive three year terms unless the
Tenant or Landlord provides written notice in accordance with Section 3 of this agreement.
3. Termination. The Tenant may terminate this Lease at any time for any reason upon 90
days written notice to the Landlord. Landlord may terminate this Lease upon 90 days written notice to
Tenant only in the event of default by Tenant as described in paragraph 13
4. Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for
educational and recreational activities, including, but not limited to, arts, crafts, music and other various
programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions
352763v1 MDT SH230 -45
and other public and private events and other community -based activities such as those commonly
provided at community centers throughout the area.
Rent. 5. The Tenant agrees • pay the Landlord as rent Premises of
tne and 00/100 dollars ($1.00) per year during the term of this lease agreement.
6. Utilities. The Tenant shall pay all the charges for all public utility services rendered or
furnished to the Premises, including, but not limited to, heat, air conditioning, water, gas, electricity and
sewer, garbage or waste removal, telephone and any other expenses arising out of or incidental to the
use and occupancy of the Premises.
7. Insurance. The Tenant shall keep and hold property, casualty, and general liability
insurance naming the Landlord as an additional insured, subject to any limits specified under Minnesota
State Statute Chapter 466.
8. Repairs, Maintenance, and Alterations. Tenant agrees to maintain the Premises in good
order, condition and repair during the term of this Lease, including plowing and maintenance of the
parking area referred to in Paragraph 1 above. Tenant shall repair or replace at its own expense any
improvement or part thereof on the Premises necessary to so maintain it, and to return the Premises at
the end of the term of this Lease in the same condition as it was received, reasonable wear and tear,
casualty losses and acts of God excepted. Any improvements, expansion or structural modifications
made by the Tenants to the Premises shall become the property of the Landlord at the termination of
the Lease. Tenant shall obtain written approval from 2 /3rds of the Landlord before undertaking any
expansion or structural modification of the Premises.
9. Compliance with Laws and Regulations In its operation of the Center, Tenant shall
comply with all statutes, ordinances, rules, orders, regulations and requirements of all federal, state, city
and local governments and their agencies.
10. Signs Tenant shall have the right to install and maintain signs advertising Tenant's
business, provided the signs conform to law and to the requirements of all appropriate governmental
authorities.
11. Management of Center. Tenant may, at its sole discretion, enter into an agreement
with a contractor of its choosing or hire staff as Tenant deems reasonable for the operation and
management of the Center; furthermore, the Tenant may enter into long -term rental agreements and
partnerships as it deems appropriate and in keeping with the intended use of the Center as provided for
in Section 4 above.
12. Rental Fees Tenant, in its sole discretion, may determine rental rates and any other
fees or costs associated with use and rental of the Center. Tenant shall retain all revenue generated
through the operation of the Center..
13. Destruction of Premises Tenant shall give immediate notice to Landlord of any damage
to or destruction of the Premises.
14. Default. The following shall constitute a default by Tenant and breach of this Lease:
352763vl MDT SH230 -45 2
(a) Failure to perform the terms, covenants and conditions of this Lease within ten (10)
days after notice of breach and request for performance is given by Landlord.
(b) Failure of the Tenant to use the Premises as provided in Paragraph 4.
14. Indemnification Subject to the limits in Minnesota Statutes Chapter 466, Tenant and
Landlord agree to be responsible for any loss, damage, cost, expense (including attorneys' fees), liability,
or claims for personal injury or property damage incurred or occurring in, on, or about the Premises
caused by their respective employees, agents, or representatives.
15. Quiet Enioyment Landlord covenants that Tenant, upon payment of rent and upon
performance by Tenant of the terms, conditions and covenants of this Lease, Tenant shall peaceably and
quietly have, hold and enjoy the Premises for the entire term of this Lease; Landlord further covenants
that it has good right to make this Lease for its entire term.
16. Right of Inspection Landlord shall at all times have the right to enter upon the Premises
to inspect its condition, and at its election, to make reasonable and necessary repairs thereon for the
protection and preservation thereof, but nothing herein shall be construed to require Landlord to make
such repairs, and Landlord shall not be liable to Tenant or any other person or persons, for failure or
delay in making said repairs, or for damages or injury to person or property caused in or by the making
of such repairs, or the doing of such work. Landlord shall have the right during the last ninety (90) days
of the term of this Lease to advertise the Premises for rent and to place and maintain on the Premises
the usual notices and to show the Premises to prospective tenants.
17. Notices. All written notices required shall be given by certified mail to the parties at the
addresses stated below:
If to Landlord: City Administrator
City of Deephaven
20225 Cottagewood Road
Excelsior, MN 55331
City Manager
City of Excelsior
339 Third Street
Excelsior, MN 55331
City Administrator
City of Greenwood
20225 Cottagewood Road
Excelsior, MN 55331
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
City Administrator
352763vl MDT SH230 -45
City of Tonka Bay
4901
If to Tenant: City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
18. Binding Effect Except to the extent otherwise provided herein, this Lease and the terms,
conditions and covenants contained herein shall be binding upon and inure to the benefit of Landlord
and Tenant, and their respective successors, heirs and legal representatives and assigns.
19. Governing Law This Lease shall be construed under and governed by the laws of the
State of Minnesota.
20. Severability In the event any provision of this Lease shall be found invalid or
unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall
continue in full force and effect pursuant to their terms.
21. Entire Agreement This Lease contains the entire agreement between the parties, and
any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof
unless the amendment is in writing and signed by the party against whom enforcement is sought.
22. Tenant Improvements Any improvements made by Tenant to the Premises, except
trade fixtures, shall become the property of Landlord at Landlord's option at the termination of the
Lease. if Landlord does not choose to own said improvements at the termination of the Lease, Tenant
shall remove said improvements at Tenant's sole cost and expense and return the Premises to the same
condition it was received, normal wear and tear and acts of God excepted.
23. Action by Landlord. Action authorized by "Landlord" under paragraphs 2,3, 10 or 16 of
this Lease may only be taken if four of the five Cities provide written approval of such action by their
respective city councils.
24. Headings The headings used in this Lease are for convenience only and shall not have
any bearing or meaning with respect to the content or context of this instrument.
352763v1 MDT SH230 -45 4
IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as of the date
first above written.
CITY OF EXCELSIOR
CITY OF SHOREWOOD
CITY OF TONKA BAY
Dated: _ By:
352763v1 MDT SH230 -45 5
Dated: 7 g q/ ,,-/
9 3
Its: City (Clerk} Administrator._m
B A
TENANT:
City of Shorewood
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Its: Mayor
By:
Its Administr or
352763v1 MDT SH230 -45
Att. F
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
To: Bill Joynes
From: Julie Moore, Communications/Recycling Coordinator
Date: May 16, 2013
Re: Comparable Data – Other Cities’ Centers
After many calls and researching the League of Minnesota Cities Salary Survey, I found that it is difficult to
compare Southshore Center with many of the other Centers. Our Center accomplishes in one facility and
director what many cities use two or more facilities/directors to accomplish. I looked at similar positions of
cities with similar population groups and found the following comparables:
Facility Manager (actual salary-40 hrs/week)
Delano (seniors only) $55,140
Hutchinson $72,936
Monticello $74,161
Recreation/Programming Supervisor (salary range-40 hrs/week)
Alexandria $50,000 - $65,000
East Grand Forks $45,000 - $60,000
Monticello (events/programs) $41,000 - $65,000
I also contacted Senior Community Services. They contract with several communities for senior
programming. They are not required to give exact salaries, but they did tell me that the range is in the $40-
to $60,000 range plus benefits.
I found that all facilities also have full-time administrative assistants and many have assistants for
programming.