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Home My WebLink About2015-10-11 PACKET 04.04.A. TEMPORARY LEASE AGREEMENT This Temporary Lease Agreement (“Lease”) is made and entered into this day of Cottage Grove Economic Development Authority October, 2015, by and between the , a Minnesota public body, corporate and politic, with an address at 12800 Ravine Parkway, Cottage Bork Evergreens L.L.C. Grove, MN 55016 (“Landlord”), and , 44969 State Highway 48, Hinckley, MN 55037 (“Tenant”). Premises 1. . Landlord leases to Tenant, and Tenant leases from Landlord, a portion of the parking lot area containing square feet of the premises located at 7210 East Point Douglas Road South, Cottage Grove, MN 55016, depicted on “Exhibit A” (“Premises”). Term 2. . The term of this Lease (“Term”) shall begin on November 19, 2015 for preparation, general setup, and commencement of business (“Commencement Date”), and end December 28, 2015 (“Expiration Date”) at which time all clean-up and personal property should be removed by the end of the business day. Tenant shall open and conduct its business at the Premises from the Commencement Date through December 26, 2015. Rent and Escrow 3. . Total rent (“Rent”) for the Term shall be 10% of the total gross sales payable to Landlord at the above address, due by January 15, 2016 and to be accompanied by a written final accounting of total sales. In addition, Tenant shall provide an escrow deposit (“Escrow Deposit”) of $500 (Five Hundred Dollars) upon execution of this Lease. Such Escrow Deposit shall be returned within 30 days after the Expiration Date, following confirmation that there are no unpaid fees or clean up expenses. Personal Property 4. . Tenant shall furnish at his own expense all personal property and fixtures to be used by Tenant on the Premises. Permitted Use 5. . Tenant shall use the Premises only for the retail sale of Christmas trees and related merchandise. Tenant shall carry on no other business on said Premises without the prior written consent of Landlord. Tenant agrees not to commit or permit any act to be performed on the Premises which will violate any statute, regulation, or ordinance of any governmental body, or which will violate any insurance policy carried on the Premises by Landlord or cause Landlord’s insurance rate to increase. Utilities 6. . Tenant agrees to pay for all electric, power, water, gas, fees, garbage or trash collection, and all other utilities supplied to the Premises during the Term of this Lease. Landlord will provide Tenant with a written final accounting of all utility costs incurred at the Premises on or before settlement of the lease on January 15, 2016. Security 7. . Tenant shall provide to Landlord a plan for security of the Premises and its merchandise and inventory in accordance with local ordinances and regulations. Tenant shall at all times and at its sole cost and expense supply and/or contract its own security measures in accordance with the plan for Tenant’s merchandise and inventory located at the Premises. Maintenance, Repairs, and Clean Up 8. . Landlord shall at all times at its sole cost and expense provide snow plowing and maintain continued access to the Premises. Tenant shall be solely responsible for and perform all clean up duties by the Expiration Date of the Term including but not limited to, disposal of garbage and trash, removal of any equipment, sweeping/shoveling Premises, and all other clean up activities required to ensure the Premises is in the same or similar condition as when Tenant took possession of Premises under this Lease. Indemnification 9. . Tenant shall indemnify and hold harmless Landlord from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury, or damage to property arising from or out of Tenant’s occupancy or use of the Premises or any part thereof, including but not limited to those occasioned wholly or in part by an negligent act or omission of Tenant, its agents, contractors or employees. Tenant’s personal property and fixtures kept, stored, or maintained on the Premises shall be at the sole risk of Tenant. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify or hold Landlord harmless against claims for loss of life or personal injury sustained as a consequence of the acts or omissions of Landlord or of its agents, servants, or employees. Tenant’s Insurance 10. . Tenant shall carry, at his own expense, (i) commercial general liability insurance in an amount of not less than $1,000,000 per occurrence, with a $2,000,000 general aggregate for bodily injury and property damage, and (ii) all risk property insurance covering Tenant’s trade fixtures, inventory and other personal property for the full replacement cost thereof. Landlord shall be named as an additional insured on the aforesaid liability insurance and shall be provided with evidence confirming such coverage. Hazardous Materials 11. . Tenant agrees not to maintain, keep, store or permit the maintenance or storage of any dangerous, flammable or hazardous material on the Premises (other than reasonable and customary amounts as permitted under existing fire and safety rules and regulations) and further agrees to comply with all fire and safety rules and regulations. Quiet Enjoyment 12. . Landlord represents and warrants that Landlord has the right, power and lawful authority to enter into this Lease for the full Term hereof. Tenant, upon paying the Rent required under this Lease, shall peaceably and quietly hold and enjoy the Premises during the full Term hereof. If Landlord does not have all right, power and lawful authority to the Premises as of the Commencement Date, this Lease shall be considered null and void and Landlord shall refund to Tenant all Rent and deposits (if any) paid to Landlord. th Signage 13. . Beginning November 19, or after all zoning approvals, permits, and licenses are obtained, whichever is later, Tenant shall have the right to place temporary professionally prepared signage in compliance with all applicable zoning requirements as established in the Cottage Grove City Code. Default 14. . In the event of default, Landlord shall retain the Escrow Deposit and bill Tenant for outstanding fees under paragraph 6 or clean up costs under paragraph 8. Either party may terminate this Agreement upon default of the other party that is not cured within 3 days. If terminated, Tenant shall be responsible for clean up as provided in Paragraph 8. Notices 15. . Any notice required or permitted under this Lease shall be in writing to the addresses set forth herein and shall be deemed to have been duly given and delivered either one (1) business day using a national courier service guaranteeing next day delivery, or three (3) days after deposit in the United States mail, registered or certified with return receipt. Attorneys’ Fees 16. . If either Landlord or Tenant institutes any action or proceeding against the other to enforce any provision of this Lease, the non-prevailing party shall reimburse the prevailing party for all reasonable costs and expenses incurred by the prevailing party in the performance of this Lease, including court costs, expenses and reasonable attorneys’ fees. Entire Agreement 17. . There are no oral or written agreements or representations between Landlord and Tenant except as expressly set forth in this Lease. No modifications of this Lease will be binding upon Landlord or Tenant unless in writing and signed by each party. The terms, covenants and conditions contained herein shall inure to the benefit of, and be binding upon, Landlord and Tenant, and their respective heirs, successors and assigns. Governing Law 18. . This Lease shall be construed in accordance with the laws of the state of Minnesota. Any actions relating to this Lease shall be venued in Washington County, Minnesota. No Partnership 19. . This Lease does not create a joint venture or partnership relationship between the Tenant and Landlord. Contingency 20. . This Lease is contingent upon Landlord owning the Premises on or before the Lease Term. Tenant shall have no damages and shall not be entitled to reimbursement for any expenses if Landlord does not own the Premises on or before the Lease Term. IN WITNESS WHEREOF , the parties hereto have executed this Lease the day and year first above written. \[THE REMAINDER OF THIS PAGE INTENTIALLY BLANK\] LANDLORD: Cottage Grove Economic Development Authority By: Name: Myron Bailey Title: President Date: By: Name: Charlene R. Stevens Title: EDA Executive Director Date: Landlord’s Address: 12800 Ravine Parkway Cottage Grove, MN 55016 Exhibit “A” – Premises 7210 East Point Douglas Road South, Cottage Grove, MN 55016