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CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY APRIL 10,2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:00 P.M.
AGENDA
1. CONVENE SPECIAL MEETING
A. Roll Call
Mayor Love
Stover
Garfunkel
Lizee
Zerby
B. Review Agenda
2. MEETING WITH THE FRIENDS OF THE SOUTHSHORE SENIOR
COMMUNITY CENTER (Att.-#2 Engineer's Memorandum dated February 10,
2000; Minutes from City Council meeting dated February 14,2000.
3. ADJOURN
No action will be taken during this meeting.
"
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Brad Nielsen, Acting City Administrator
Larry Brown, Director of Public Works ,
February 10,2000
FROM:
DATE:
RE:
Consideration of a Motion Regarding Billing for the Southshore Senior
Community Center
Mr. Robert Gagne, Board Member for the Friends of the Southshore Senior Community
Center (Friends), has submitted a bill in the amount of $1,537.41 for repairs to the heating,
ventilation, and air conditioning (HV AC) system for the Senior Community Center (refer to
Attachment 1).
Mr. Gagne has stated that technicians for Merit Heating which completed the repair work on
the system, have concluded that the system was not wired properly during construction.
Tenants using the building would often complain about cold air entering the main room via a
ceiling duct. Merit Heating completed the work ordered by the Friends, and charged the
Friends for the amount stated above. Mr. Gagne states that the City of Shorewood should
pay for the work completed, due what is believed to be an error in construction by a
subcontractor to GEH Construction.
From Staff's view, to know whether'the unit was wired properly or not during construction
still remains of question. It should be noted that while this is possible, two days after Merit
Heating completed the work, a small electrical fire occurred in the very same heating unit
that was repaired. Fortunately, ail that occurred was burning of electrical insulation and
smoke within the building. Since staff was not present when the work was ordered or
completed, it is not possible to determine what might have caused the damage.
In trying to make a recommendation regarding payment of the invoice, Staff reviewed the
lease agreement that the Cities have with the Friends. Attachment 2 is that agreement.
n
~J PRINTED ON RECYCLED PAPER
Mayor and City Council
Southshore Senior Center
February 10,2000
Page 2 of2
Section 8 Repairs and Maintenance and Alterations, states "Tenant shall repair or replace at
it's own expense any improvement or part thereof on the Premises necessary to maintain it,
and 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." In summary,
Mr. Gagne has stated that the system was not working since day 1 and therefore should not
be the Friends responsibility for the repairs completed.
Since Staff was not present when the work was ordered or completed, there remains no
means by which to claim a warranty issue with the bonding company, the general contractor
or the HV AC subcontractor. Therefore, Staff has recommended to the Friends that it did
not appear appropriate for the City to reimburse the Friends for the expenditure.
Based upon the reasons stated earlier, Mr. Gagne differs with this recommendation and is
requesting resolution of the issue by the City Council. Hopefully, Staff has laid out an
accurate position by the Friends. It is anticipated that Mr. Gagne will be present at Monday
night's City Council meeting to help clarify any statements, or to correct anything stated in
error in this memorandum.
~
MERIT HEATING & COOLING
7801 PARK DRIVE
CHANHASSEN, MN 55317-
(612)474-1725 Fax (612)474-4243
..~~--
.,-
Bill
To
SOUTH SHORE COMMUNITY CENTER
5735 COUNTRY CLUB ROAD
Date
Invoice
Account
12/29/1999
10118
5735COUNTR
SHOREWOOD, MN 55331-
Job Name
Location
Description
Authorized By
SOUTH SHORE COMMUNITY CENTER
5735 COUNTRY CLUB ROAD
MISCELLANEOUS
BOB GAGNE
Quantity
Description
Unit Price
MET WITH TRANE SERVICE TECH. LOCATED WIRES CROSSED IN FIRE
PANEL, RELAYS NOT CORRECTLY WIRED IN PANEL FOR INTERLOCK.
LOCATED SHORTED WIRE TO GROUND FOR MAXITROL SYSTEM,
CORRECTED SHORT, ADDED RELAYS TO INTER LOCK 2ND STAGE
COOLING. REPLACED T-STAT WITH 2 STAGE HEAT/COOL T-STAT AND
SUBBASE. CHECKED SYSTEM OPERATIONS.
PLEASE REMIT PAYMENT TO: MERIT HVAC
PO BOX 464
CHANHASSEN, MN 55317
1. 00
1. 00
2.00
8.00 Hrs
1. 00 Hrs
1. 00 Hrs
1. 00
T874 2 STAGE T-STAT
AUTO CHANGE OVER SUBBASE
250 RELAYS
JEFF J-TECHNICIAN 11/16/99
JEFF J-TECHNICIAN 11/22/99
LESS 15% DISC ON LABOR
TRAN CONSULTANT FEE
154.560 ea.
41.000 ea.
18.500 ea.
60.000 per hr
60.000 per hr
-81.000 per hr
830.730
Total Materials
Total Labor
Total Other
Sales Tax
subtotal
Invoice Total
Pay This Amount
ACCOL~TS PAST DUE SUBJECT TO 1.500% SERVICE CHARGE PER MONTH.
TERMS: NET 10
Amount
154.56
41.00
37.00
480.00
60.00
-81. 00
830.73
232.56
459.00
830.73
15.12
1537.41
1537.41
1537.41
Attachment 1
INVOICE NUMBER
''''~,~~~19
~ Trane Authorized Warranty Service PHONE (612) 861.7232
TERMS: NET 30
00031870
INVOICE DATE
11/29/99
B MER370
-.
I Merit Hvac . '.
L
L
7801 Park Dr.
T Chanhassen, MN 55317
0
CALL # JOB #
24255 1A24255
ob # : ---.--
CallI : 024255
MER370 0001
SOUTHSHORE COMMUNITY
5735 Country Club Rd
SALESMAN
HSE
WARR. Y/N
N/A
Shorewood, MN
WORK: FND UNIT GOING TO FULL HEAT & STAYING THERE. FOUND THERMOSTAT
WIRED INCORRECTLY. REWIRED T-STAT TO MUA COND UNIT. FND PROBLEMS WITH
INTERLOCKS TO EXHAUST & FIRE PANEL, REWIRED.
--------------------------------------------------------------------------------
726.25
Labor Totals
~----------------------------------------------------------------
Unit Price
Amount
Date
--------------------------------------------------------------------------------
Quant Used Material Description
11/16/99
1.00 HONEYWELL THERMOSTAT
r. ~ Item: T6031
76.48360
76.48
76.48
Material Totals
--------------------------------------------------------------------------------
Amount
--------------------------------------------------------------------------------
28.00
Truck Charge
B111able Amt
------------
Material
Labor
Add-Ons
.'
'\
76.48
726.25
28.00
------------
Sub Total
830.73
TOTAL AMOUNT DUE
830.73
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"
LEASE
THIS LEASE, made this17 thday of Apri 1 . 1996, between the City of Deephaven,
the Cio/ ?f Excelsior7 the City of Green~ood, the qty of Shorewood, and the City of T onka Bay
(the "Clues"), operaung under that certam 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 Nlinnesota nonprofit
corporation with tax-exempt status pursuant to 99 170(c)(2) and 9 501(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:
INCONSIDERATION 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, all of which are located on a parcel of land hereinafter referred to as the "Property."
2.) Thrm. The term of this Lease shall commence on the date of the issuance of the
Certificate of Occupancy ( , 1996) ("Commencement Date") and shall
tenninate 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
Attachment 2
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 tenninated upon the occurrence of any of the
following: (1) insolvency or dissolution of Tenant; or (2) the
decision to tenninate 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 tennination.
3.) Nature of Occupancv . 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 community-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 Nlinnesota. Tenant shall obtain prior approval
from the City of Shorewood or 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.
S.) 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
2.
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 anyone person, and $3,000,000.00 for injury or
death in anyone accident or occurrence including property damage, insuring Landlord
and Tenant, and with a cross-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 a<;lditional 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 atthe 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.
..,
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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 tenninating this Lease. Failure or
refusal of Landlord to tenninate 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.) Delinquent Rental and Other Charges. 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 andlor 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
( 10%) 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 party
in the performance of any covenant or agreement on the part of such indemnifying party 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 party by reason of any such claim,
5.
the indemnifying party upon notice from the indemnified party covenants to contest or defend
such action or proceeding by counsel reasonably satisfactory to the indemnified party.
19.) Quiet Enioyment. 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 Premises 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 Cottagewood 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, l\tIN 55331
With a copy to:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Ave. S.
Bloomington, MN 55431
Attn: TimothyJ. Keane, Esq.
If to Tenant:
The Friends of South Lake Minnetonka Senior
Community Center
% 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 LandlQrd. 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.) Holding 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.) Severabilitv. In the event any provision ofthis 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.) Attomevs' 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
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.
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 payor discharge any lien
against the Premises so long 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 of non-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 all 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 City 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.
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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 $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 other operating costs.
37.) Limitation on Right of Recovery Against 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 law or under this Lease.
38.) Permits. Tenant shall diligently seek and, upon issuance, maintain in force and
effect all 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.
LAi'IDLORD:
CTIY OF DEEPHA VEl'l
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CITY COUNCIL REGULAR MEETING MINUTES
February 14, 2000 - Page 5
B. A Motion to Adopt an Amendment to the Shorewood Zoning Code Allowing
Two Dwellings Temporarily on One Lot By Conditional Use Permit
Lizee moved, Zerby seconded, adopting ORDINANCE NO. 361. "An Ordinance
Amending the Shorewood Zoning Code Allowing Two Dwellings Temporarily on One
Lot By Conditional Use Permit." Motion passed 4/0.
C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Two Dwellings Temporarily on One Lot
Applicant: Chris and Gretchen Sebald
Location: 20625 Garden Road
Lizee moved, Garfunkel seconded, adopting RESOLUTION NO. 00-019. "A Resolution
Approving a Conditional Use Permit for Two Dwellings Temporarily on One Lot for
Chris and Gretchen Sebald, 20625 Garden Road." Motion passed 4/0.
7. GENERAL
A. Consideration of a Motion Regarding Billing for the Southshore Senior
Community Center
Mr. Robert Gagne, Board Member for the Friends of the Southshore Senior Community
Center, provided background on this motion. He requested more time to review issues
regarding these bills and stated he would like to discuss this matter with Council possibly in
April.
Mayor Love agreed more time. was needed to review issues related to this matter and would
like to see this matter discussed in a Work Session possibly in April to analyze relationships
and processes involved in this matter.
B. Set Date for Work Session to Review the Capital Improvement Program
(CIP) 2000-2004
Engineer Brown explained that the scheduling report would be published in late February,
2000. He suggested Council review this report and meet on March 13,2000, in Work Session
after the Regular City Council Meeting to discuss this program. Council agreed to these dates
for discussion.
C. A Motion Authorizing the Acting Administrator to Hire a
Receptionist/Secretary
Garfunkel moved, Zerby seconded, Authorizing the Acting Administrator to Hire a
Receptionist/Secretary. Motion passed 4/0.