9.3. SR 04-17-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 9.3
Agenda Section Meeting Date Prepared by
Work Session Aril 17, 2014 Cal Portner, City Administrator
Item Description Reviewed by
Chamber of Commerce Building Improvements
Reviewed by
Action Requested
Receive information, discuss, and provide direction.
Background/Discussion
The Elk River Chamber of Commerce has an agreement with the City of Elk River to rent a city-owned
building for their operations.
The building is in need of a number of improvements including roof, HVAC, siding, and windows. The
building is also lacking in conference room and storage space. Further, as a former residence,it is does
not have the ideal traffic flow for office use.
The Chamber has engaged an architect to draft concept plans for consideration.
Financial Impact
N/A
Attachments
■ City/Chamber Lease Agreement
POWERED 6T
Template Updoted 4/14 INAMIRE1
AMENDMENT OF LEASE
This Amendment of Lease ("Amendment") entered into this -
qtl,
day of September,
2014, by and between the City of Elk River ("Landlord") and Elk River Area Chamber of
Commerce ("Tenant").
WHEREAS, Landlord and Tenant entered into a Lease dated September 1, 1994
Lease") pursuant to which Landlord leased to Tenant that certain parcel of real property
situated in Sherburne County, Minnesota, legally-described on Exhibit A attached hereto (the
Land"); and
WHEREAS, Landlord and Tenant desire to amend and extend the term of the Lease, as
provided in this Amendment.
NOW, THEREFORE, Landlord and Tenant agree as follows:
1. Article 2 of the Lease shall be deleted and replaced with the following new
Article 2:
ARTICLE 2.
TERM
2.1) The term of the Lease as amended shall commence on
September 1, 2014, and terminate on September 1, 2017 (the "Initial Term"),
unless sooner terminated as provided herein.
2.2) Provided the Lease is in full force and effect and Tenant is not in
default of any of the terms or conditions of the Lease, Tenant shall have the
option to renew the Lease (the "Renewal Option") upon the same terms and
conditions contained in the Lease, for two (2) one-year periods, the first of which
shall commence September 1, 2017, and terminate September 1, 2018, and the
second of which shall commence September 1, 2018, and terminate September 1,
2019. Each Renewal Option shall be exercised, if at all, by Tenant giving
Landlord written notice thereof at least sixty (60) days prior to expiration of the
Initial Term or the first Renewal Option. The Initial Term and the Renewal
Option are collectively referred to herein as the "Term." A "Lease Year" shall
mean each calendar year, in whole or in part, during the Term.
2.Section 7.2 of the Lease shall be deleted and be replaced with the following new
Section 7.2:
7.2) The parties agree that Landlord shall maintain the sidewalks,
driveway and parking areas on the Land, including snow removal from driveway
and parking areas, and that Tenant shall be responsible for snow removal from
sidewalks. Landlord agrees to repair and maintain the irrigation system for the
Land and Tenant shall properly irrigate and maintain the landscaping, including
trimming and mowing, for the Land.
3.Section 8.3 of the Lease shall be deleted and replaced with the following
Section 8.3:
8.3) Tenant shall also, as Additional Rent hereunder and at Tenant's
sole cost and expense, but for the mutual benefit of Landlord and Tenant,
maintain during the Term of the Lease (a) Commercial General Liability
Insurance in the minimum amount of $1,000,000 per occurrence; $2,000,000
annual aggregate, and (b) Equipment Breakdown Coverage on all steam boilers,
pressure boilers, or other such apparatus as Landlord may deem necessary to be
covered by such insurance and in such amount or amounts as Landlord may from
time to time reasonably require. The Landlord shall be listed as an "additional
insured on all such insurance policies.
4. Article 11 of the Lease shall be deleted in its entirety.
5. Article 23 of the Lease shall be amended as follows:
ARTICLE 23
INDEMNITY
Tenant shall indemnify, defend and save harmless Landlord against and
from any and all claims by or on behalf of any person or persons, firm or firms,
corporation or corporations, arising from the conduct or management of or from
any work or thing whatsoever done in, on, or about the Premises, and will further
indemnify and save Landlord harmless against and from any and all claims arising
during the Tenn of the Lease from any condition of the Premises or any street,
curb, sidewalk adjoining the Premises, or of any passageways or spaces therein or
appurtenant thereto, or arising from any breach or default on the part of Tenant in
the performance of any covenant or agreement on the part of Tenant in the
performance of any covenant or agreement on the part of Tenant to be performed,
pursuant to the terms of the Lease, or arising from any act of negligence of
Tenant, or any of its agents, contractors, servants, employees, or licensees, or
arising from any accident, injury or damage whatsoever caused to any person,
firm, or corporation occurring during the Term of the Lease, in or about the
Premises, or upon or under the sidewalks and the land adjacent thereto, and from
and against all costs, reasonable attorneys' fees, expenses, and liabilities incurred
in or about any sgch claim or action or proceeding brought thereon; and in case
any action or proceeding is brought against Landlord by reason of any such claim,
Tenant, upon notice from Landlord, shall resist or defend such action or
proceeding by counsel reasonably satisfactory to Landlord.
6. All other provisions of the Lease shall remain in effect for the remainder of the
Term of the Lease, as amended by this Amendment.
2
LANDLORD:
CITY OF ELK RIVER
By
J n J. ietz, yor
By
Tina Allard, City Clerk
TENANT:
ELK RIVER AREA CHAMBER OF COMMERCE
C
Its: c. ! L
759993.DOCX
3
CHAMBER OF COMMERCE - #2
LEASE
THIS LEASE is made this 1° ' day o 1994, by and
between the CITY OF ELK RIVER Mandl or "), and ELK RIVER AREA
CHAMBER OF COMMERCE ( "Tenant ") .
Landlord and Tenant, intending to be legally bound, hereby
covenant and agree as follows:
ARTICLE 1.
PREMISES
Landlord does hereby lease, demise, and let unto Tenant, and
Tenant does hereby hire and take from Landlord, upon the terms
and conditions set forth herein (the Lease), that certain parcel
of real property situated in Sherburne County, Minnesota, legally
described on Exhibit A attached hereto and incorporated herein by
reference (the Land), subject to all easements and rights -of -way
of record, together with all structures thereon and all
appurtenances thereto (the Improvements), all of which Land and
Improvements are hereinafter referred to as the Premises.
Tenant hereby agrees to accept the Premises in its "AS IS"
condition. Landlord makes no warranties or representations
concerning the condition of the Premises or any equipment or
fixtures located therein.
ARTICLE 2.
TERM
2.1) The term of th Lease shall commence o / ,
1994, and terminate o / , 2009 (the nitial Term),
unless sooner terminated as provided herein.
2.2) Provided the Lease is in full force and effect and
Tenant is not in default of any of the terms or conditions of the
Lease, Tenant shall have an option to renew the Lease (the
Renewal Option) upon the same terms and conditions contained
rein, for one period of five (5) years commencing
f , 2009, and terminating / ,
14. The Renewal Option shall be exerci ed, if at all, by
Tenant giving Landlord written notice thereof at least sixty (60)
days prior to expiration of the Initial Term. The "Initial Term"
and the "Renewal Option" are collectively referred to herein as
the "Term." A "Lease Year" shall mean each calendar year, in
whole or in part, during the term.
2.3) At the time of the execution of this Lease, Tenant
desires to remain in the Premises for one (1) additional period
of five (5) years commencing upon the expiration of the Renewal
Option. Provided the Lease is in full force and effect, Tenant
IN
y
is not in default of any of the terms or conditions of the Lease
and Tenant has exercised the Renewal Option, Landlord may, but
shall not be obligated to, grant Tenant one (1) additional period
of five (5) years.
ARTICLE 3.
RENT
Tenant shall pay to Landlord as the "Base Rent" for the Term
the sum of Fifteen and 00 /100 Dollars ($15.00). The Base Rent
shall be payable in equal yearly installments of One and 00 /100
Dollar ($1.00) and s ll be payable in advance, on or before the
fist (1st) day o_ , commencing
94, and continuing during the Term.
ARTICLE 4.
NET LEASE .
4.1) It is the intention and purpose of the parties hereto
that the Lease shall be a "Net Lease" to Landlord. All costs and
expenses of whatever character or kind, general and special,
ordinary and extraordinary, foreseeable or unforeseeable, and of
every kind and nature whatsoever that may be necessary in or
about the operation of the Premises, including all hazard and
liability insurance, taxes, special assessments, utilities,
maintenance, and repairs, except as otherwise expressly provided
herein, shall be paid by Tenant as "Additional Rent" hereunder.
4.2) Except as otherwise expressly provided herein, Tenant
covenants and agrees that if at any time it fails to pay any
amount required by the Lease, or to obtain, pay for, maintain, or
deliver any of the insurance policies herein provided for, or
fails to make any other payment or perform any other act required
to be made or performed by the Lease, then Landlord, without
notice to or demand upon Tenant, without waiving or releasing
Tenant from any obligation of Tenant contained in the Lease, and
without any obligation to do so, may effect any such insurance
coverage and pay premiums therefor and may make any other payment
or perform any other act on the part of Tenant to be made and
performed as provided in the Lease, in such manner and to such
extent as Landlord may deem desirable, and in exercising such
right to pay necessary and incidental costs and expenses. All
sums so paid by Landlord and all necessary and incidental costs
and expenses in connection with performance of any such act by
Landlord, including attorney's fees, together with interest
thereon at a rate of eighteen percent (18t) per annum from the
date of making of such expenditure by Landlord, shall be payable
to Landlord as Additional Rent, and except as otherwise provided
for in the Lease, shall be payable on demand or at the option of
Landlord may be added to any monthly rental then due or
thereafter becoming due under the Lease. Tenant covenants to pay
any such sum or sums with interest as aforesaid and Landlord
2.
shall have (in addition to any right or remedy of Landlord) the
same rights and remedies in the event of nonpayment by Tenant as
in the case of default by Tenant in payment of rent.
ARTICLE 5.
TAXES AND ASSESSMENTS
5.1) Tenant shall pay, as Additional Rent hereunder, before
any fine, penalty, interest, or costs may be added thereto for
the nonpayment thereof, all real estate taxes and installments of
special assessments payable during the Term of the Lease which
shall during the Term be laid, assessed, levied, or imposed upon,
or shall become payable and a lien upon, the Premises or any part
thereof (Impositions).
5.2) Tenant shall have the right to contest or appeal any
Imposition in Tenant's or Landlord's name, at Tenant's sole cost
and expense. If nonpayment of the Imposition creates a lien upon
the Premises, Landlord may, at its option, request Tenant to
deposit with it an amount equal to one hundred twenty -five
percent (125%) of the contested and unpaid Imposition. Such
amount shall be returned to Tenant upon the successful appeal of
the Imposition or upon payment of it. Tenant shall give Landlord
written notice of Tenant's intention to contest or appeal any
Imposition at least twenty (20) days prior to the delinquency
thereof. Tenant shall hold Landlord harmless against all loss,
cost, expense, attorneys' fees, or damages resulting from such
contest or appeal.
5.3) Tenant shall pay directly to the appropriate
governmental authorities, as Additional Rent hereunder, before
any fine, penalty, interest, or costs may be added thereto for
the nonpayment thereof, any tax or excise imposed or assessed on
rent, on any leasehold interest, any right of occupancy, any
investment of Tenant in the Premises, any personal property of
any kind owned, installed, or used by Tenant, including Tenant's
leasehold improvements, any privilege tax, sales tax, gross
proceeds tax, etc., however described, by any federal, state,
county, or municipal governmental authority or any subdivision
thereof or other governmental authority. Tenant shall not be
required to pay any federal or state or local income tax for
which Landlord may become liable during the Initial Term or any
Option Term of the Lease.
ARTICLE 6.
UTILITIES
Tenant shall directly pay or cause to be paid, as Additional
Rent hereunder, all charges for sewer and water services, gas,
electricity, light, heat, air conditioning, power, telephone, or
other services or utility used, rendered, or supplied upon or in
connection with the Premises (the Utilities) during the Term
3.
hereof. Tenant shall contract for the Utilities in Tenant's own
name and shall hold Landlord harmless from any liability or
expense for any such charge. Upon Landlord's request, Tenant
shall furnish to Landlord paid statements, invoices, or cancelled
checks evidencing the payment of all obligations undertaken by
Tenant hereunder.
ARTICLE 7.
REPAIRS, MAINTENANCE, AND ALTERATIONS
7.1) Tenant shall, during the Term of the Lease and at
Tenant's expense, keep the Premises and appurtenances and every
part thereof in good order, condition, and repair, including,
without limitation, entrances, passages, courts, vestibules,
stairways, corridors, halls, elevators, air conditioning
equipment, heating equipment, water system, toilet facilities,
lighting, curbs, truck ways, loading docks, ramps, garages,
drainage facilities, roofs, all other machinery and equipment in
the Improvements, and any other cost of operation of the
Premises. In addition, Tenant shall be responsible for the cost
of cleaning, trash removal, line painting, seal coating, paving
and security. Except as herein provided, Tenant shall make all
repairs to the exterior of the Improvements, shall make all
structural repairs, and shall keep and maintain all landscaped
areas in a neat, orderly, and trim condition at its expense. If
Tenant does not keep and maintain the Premises as herein
provided, Landlord may, but need not, make such repairs and
replacements, and Tenant shall pay Landlord, as Additional Rent,
the cost thereof forthwith upon being billed for the same. All
damage or injury to the Premises and to its fixtures,
appurtenances, and equipment caused by Tenant moving property in
or out of the Premises or by installation, removal of furniture,
fixtures, equipment, or other property by Tenant, its agents,
contractors, servants, or employees, or resulting from any other
cause of any other kind or nature whatsoever due to carelessness,
omission, neglect, improper conduct, or other causes of Tenant,
its servants, employees, agents, visitors, or licensees, shall be
repaired, restored, or replaced promptly by Tenant at its sole
cost and expense to the satisfaction of Landlord. If Tenant
fails to make such repairs, restorations, or replacements, the
same may be made by Landlord and the same shall be at the expense
of Tenant and collectible as Additional Rent or otherwise, and
shall be paid by Tenant to Landlord within five (5) days after
rendition of a bill or statement therefor.
7.2) The parties agree that Landlord shall maintain the
sidewalks, driveway and parking areas for the Premises, including
snow removal. The parties further agree that Tenant shall
maintain the landscaping, including trimmin and mowing, for the
property legally described as (Sr c (/x-411 IVAZ , which includes
the Premises.
7.3) Except as otherwise provided herein, no improvements,
alterations, or replacements shall be made to the Premises or any
portion thereof without the prior written consent of Landlord.
4.
7.4) Tenant shall not suffer or permit any statements of
mechanic's liens to be filed against the Premises or any part
thereof by reason of work, labor, services, or materials supplied
or claimed to have been supplied to Tenant or anyone holding the
Premises or any part thereof through or under Tenant. If any
such statement of mechanic's lien shall at any time be filed
against the Premises, Tenant shall cause the same to be
discharged of record within thirty (30) days after the date of
actual notice to Tenant of filing the same. If Tenant shall fail
to discharge such mechanic's lien within such period or fail to
deposit an amount equal to one hundred twenty -five percent (125 %)
of the amount claimed with the court within such period, then in
addition to any other right or remedy of Landlord, Landlord may,
but shall not he nhliaAtPH t-n_ HimrharnP tha mama aithar by
paying the amount claimer
of such lien by deposit 1
other manner as is, or ma
paid by Landlord for any
reasonable other expenses
attorneys' fees, in or at
lien, with all necessary
with interest thereon at
from the date of payment,
on demand, and if unpaid
Nothing herein contained
the part of Landlord to
under any mechanic's lien
to be due or by procuring the discharge
n court or by giving security or in such
y be, prescribed by law. Any amount
of the aforesaid.purposes,.and all
of Landlord, including reasonable
out procuring the discharge of such
disbursements in connection therewith,
the rate of ten percent (10 %) per annum
shall be repaid by Tenant to Landlord
nay be treated as Additional Rent.
shall imply any consent or agreement on
abject Landlord's estate to liability
law.
ARTICLE 8.
INSURANCE
8.1) Tenant shall, as Additional Rent hereunder and at
Tenant's sole cost and expense, keep the Premises, including all
buildings, improvements, furniture, and equipment on, in, or
appurtenant thereto at the commencement of the Term and
thereafter erected thereon or therein, including all alterations,
rebuildings, replacements, changes, additions, and improvements,
fully insured for the mutual benefit of Landlord and Tenant, as
their interests may appear, as named insureds (a) against loss or
damage by fire and (b) against those perils included from time to
time in the standard form of extended coverage insurance
endorsement, including but without limiting the generality of the
foregoing, wind storm, hail, explosion, vandalism, riot and civil
commotion, damage from vehicles, and smoke damage, and such other
coverage as may be deemed necessary by Landlord, provided that
such additional coverage is obtainable.
8.2) All policies of insurance relating to fire and extended
coverage shall provide that the proceeds thereof shall be payable
to Landlord, and if Landlord requires, shall also be payable to
the holder of any mortgage now or hereafter becoming a lien on
the fee of the Premises, or any part thereof, as the interest of
5.
II
A i
i .
f
such holder appears, pursuant to a standard mortgagee clause.
All such policies of insurance shall provide that any loss shall
be payable to Landlord notwithstanding any act or omission of
Tenant which might otherwise result in a forfeiture or reduction
of said insurance.
8.3) Tenant shall also, as Additional Rent hereunder and at
Tenant's sole cost and expense, but for the mutual benefit of
Landlord and Tenant, as named insureds, maintain during the Term
of the Lease (a) general public liability insurance against
claims for personal injury, death, or property damage occurring
upon, in or about the Premises, and on, in, or about the
adjoining lands, streets, and passageways, such insurance to
afford protection to the limit of not less than Five Hundred
Thousand and no /100 Dollars ($500,000.00) in respect to injury or
death to a single person, and to the limit of not less than One
Million and no /100 Dollars ($1,000,000.00) in respect to any one
1) accident and to the limit of not less than Five Hundred
Thousand and no /100 Dollars ($500,000.00) in respect to.any
property damage; (b) steam boiler insurance on all steam boilers,
pressure boilers, or other such apparatus as Landlord may deem
necessary to be covered by such insurance and in such amount or
amounts as Landlord may from time to time reasonably require.
8.4) All policies of insurance shall be written in companies
satisfactory to Landlord, and shall be written in such form and
shall be distributed in such companies as shall be reasonably
acceptable to Landlord. Such policies shall be delivered to
Landlord endorsed "premium paid" by the company or agency issuing
the same or accompanied by another evidence satisfactory to
Landlord that the premiums thereon have been paid, not less than
ten (10) days prior to the expiration of any then current policy.
8.5) Landlord agrees that such policy or policies may
contain a waiver of subrogation clause as to Tenant. Provided
the aforesaid fire and extended coverage insurance is in full
force and effect and remains so, Landlord waives, releases, and
discharges Tenant from all claims or demands whatsoever which
Landlord may have or acquire in the future arising out of damage
to or destruction of the Premises by fire or extended coverage
risk, whether such claim or demand may arise because of the
negligence of Tenant, its agents, or employees or otherwise, and
Landlord agrees to look only to the insurance coverage in the
event of such loss.
8.6) Tenant shall insure the contents of the Improvements
owned by Tenant, for the benefit of Tenant, against loss or
damage by fire, windstorm, or other casualty for such amount as
Tenant may desire, and Tenant agrees that such policies shall
contain a waiver of subrogation clause as to Landlord. Tenant
waives, releases, and discharges Landlord from all claims or
demands whatsoever which Tenant may have or acquire by fire or
extended coverage risk, whether such claim or demand may arise
because of the negligence of Landlord, its agents or employees or
I ,i
otherwise, and Tenant agrees to look to insurance coverage only
in the event of such loss.
ARTICLE 9.
QUIET ENJOYMENT
Landlord represents and warrants that: (a) it is the lawful
owner of the Premises; (b) that it has the full right and power
to make the Lease; (c) that if and so long as Tenant shall not be
in default hereunder, Tenant shall quietly hold, occupy, and
enjoy the Premises during all of the Term.
ARTICLE 10.
DESTRUCTION BY FIRE
10.1) Subject to the provisions of Article 10.4, if the
Improvements, or.any portion thereof, are damaged or destroyed by
fire or other casualty, however or by whomever caused, at the
mutual agreement of the parties, Tenant shall repair, rebuild,
and restore the same with due diligence and dispatch (subject to
the approval of the holders of any mortgages on the Property) so
that the Improvements will be restored to at least the same good
order and condition as existed prior to damage or destruction.
If more than twenty -five percent (25%-) of the Premises is damaged
or destroyed by fire or other casualty, Tenant shall have the
option, in its sole discretion, to decline to rebuild the
Premises. If Tenant so declines, this Lease shall terminate as
of the date of such damage or destruction and Tenant shall remove
the remaining Improvements and all debris thereon and sod the
Premises, returning the Premises to the good and clean condition
which existed prior to the construction of the Improvements on
the Premises. If Tenant elects to repair the Premises, and if
such damage in the reasonable opinion of the Landlord renders the
entire Premises unfit for Tenant's normal business purposes, and
Tenant by reason thereof discontinues business in the Premises,
Base Rent shall be abated for a period during which no part of
the Premises is fit for such business purposes and during which
time Tenant discontinues business. If such damage renders only
part of the Premises unfit for Tenant's normal business purposes,
Base Rent shall be apportioned on a square foot of Premises area
basis and the proportion thereof applicable to each part of the
Premises upon which Tenant discontinues its business operations
shall be abated for the period during which such part is not fit
for Tenant's normal business purposes and during which Tenant
discontinues such business operations.
10.2) Tenant will repair and replace all improvements and
betterments placed upon the Premises by it, and such repair and
replacement shall be made at its own expense and not at the
expense of Landlord.
10.3) If Landlord and Tenant cannot mutually agree on whether
the Premises is fit for Tenant's normal business purposes, such
7.
question shall be submitted to arbitration as provided in Article
12 hereof.
10.4) If the Premises, or any part thereof, is damaged or
destroyed by the willful or negligent conduct of Tenant or its
agents, employees, or independent contractors, Tenant shall
promptly repair such damage or replace such improvement so
destroyed; provided that if such damage or destruction is caused
by negligence and is or would be covered by the insurance
required to be procured and maintained by the terms of Article 8
then, to the extent that the cost of repairing or replacing such
damage or destruction does not exceed the amounts of such
insurance, Tenant shall be relieved from such obligation to
repair or replace. Base Rent and Additional Rent shall not be
abated as a result of willful conduct of Tenant or its agents,
employees, or independent contractors which result in or cause
such damage or destruction.
ARTICLE 11.
CONDEMNATION
11.1) If during the Term of the Lease the entire Premises
shall be taken as a result of the power of eminent domain,
condemnation proceedings, or other like proceedings (the
Proceedings), the Lease and all right, title, and interest of
Tenant hereunder shall cease and come to an end on the date of
taking of possession pursuant to the Proceedings. During the
first ten (10) years of the term of this Lease, Tenant shall be
entitled to and shall receive the first Forty Thousand and 00 /100
Dollars ($40,000.00) of any award which is allocable to the
Premises. Landlord shall be entitled to and shall receive that
portion of any award which is granted during the first ten (10)
years of the Term of this Lease allocable to the Premises in
excess of Forty Thousand and 00 /100 Dollars ($40,000.00) and the
entire portion of any award allocable to the Premises granted
after the first ten (10) years of the Term of this Lease. In
addition, at all times during the Term of this Lease, Landlord
shall be entitled to and shall receive the total award in the
Proceedings which are not allocable to the Premises.
11.2) If during the Term less than the entire Premises, but
twenty -five percent (25 %) or more of the Improvements (calculated
by the number of square feet of floor space) or fifty percent
50%) or more of the Land shall be taken by the Proceedings, the
Lease shall, upon taking of possession pursuant to the
Proceedings, terminate as to the portion of the Land and
Improvements so taken, and Tenant may terminate the Lease as to
the remainder of the Premises. Such termination as to the
remainder of the Premises shall be'effected by a notice to
Landlord in writing given not more than sixty (60) days after the
date of taking of possession pursuant to such Proceedings, and
shall specify a date not more than sixty (60) days after the
giving of such notice as the date of such termination. Upon the
IN
1 1
A
date specified in such notice, the Term and all right, title, and
interest of Tenant hereunder shall cease and come to an end. If
Tenant elects not to terminate the Lease, the Lease shall
continue in full force and effect, but the Base Rent shall be
reduced pro rata in accordance with the percentage of value of
the Premises so taken compared with the total value of the
Premises immediately prior to said taking. Nothing herein
contained shall affect Tenant's obligation to pay in full the
Additional Rent. Landlord shall, however, at Landlord's sole
cost and expense, restore that portion of the Premises not so
taken to a complete architectural unit for the use and occupancy
of Tenant. The Lease shall continue in full force and effect,
but the Base Rent shall be reduced pro rata as aforesaid. If the
parties cannot agree on the pro rata reduction of the Base Rent
after said taking, or on the allocation of any award made in the
Proceedings, as above set forth, Landlord and Tenant shall submit
the question to arbitration as provided in Article 12 hereof.
ARTICLE.12.
ARBITRATION
In cases in which a dispute arises under the Lease, the same
shall be settled by arbitration in accordance with the then
existing rules of the American Arbitration Association, and
judgment upon the award rendered may be entered in any court
having jurisdiction thereof. Any such arbitration shall be had
before a panel of three (3) arbitrators (unless Landlord or
Tenant agree to one [11 arbitrator) designated by the American
Arbitration Association in accordance with the rules of such
association, and the decision of the majority of such arbitrators
shall be binding upon the parties. The arbitrators designated
and acting under the Lease shall make their award in strict
conformity with such rules and shall have no power to depart from
or change any of the provisions thereof. Each party to the
arbitration shall pay one -half (1/2) of the costs thereof. All
arbitration proceedings hereunder shall be conducted in
Minneapolis, Minnesota.
ARTICLE 13.
ASSIGNMENT AND SUBLETTING
Tenant shall not assign or transfer any of its rights under
the Lease or sublease any part of the Premises (an Assignment)
without prior written consent from Landlord. No Assignment shall
relieve Tenant from any of its obligations contained in the
Lease, nor shall any Assignment be effective unless the assignee
shall, at the time of such Assignment, assume in writing all the
terms, covenants, and conditions of the Lease to be performed
thereafter by Tenant and shall agree in writing to be bound
thereby. Tenant agrees to pay on behalf of Landlord any and all
costs of Landlord, including reasonable attorneys' fees
occasioned by each Assignment. Consent by Landlord to any
go
Assignment shall not be a waiver of Landlord's rights as to
subsequent Assignment.
ARTICLE 14.
DEFAULTS OF LESSEE
14.1) If during the Term of the Lease (a) Tenant shall make
an assignment for the benefit of creditors, or (b) Tenant shall
file a voluntary petition under the Bankruptcy Code of the United
States or any state statute similar thereto, or Tenant be
adjudged insolvent or a bankrupt pursuant to an involuntary
petition, or (c) a receiver or trustee be appointed for the
property of Tenant by reason of insolvency of Tenant, or (d) any
department of the state or federal government, or any officer
thereof duly authorized, shall take possession of the business or
property of Tenant by reason of the insolvency of the Tenant, or
e) Tenant continues in possession without the appointment of a
receiver or trustee under Chapter 11 of the Bankruptcy Code, or
f) Tenant is the subject of any petition or proceeding related
to relief from creditors, the Lease shall, upon the happening of
any of said contingencies and at Landlord's option, be terminated
and the same shall expire as fully and completely as if the day
of the happening of such contingency were the date herein
specifically fixed for the expiration of the Term and Tenant will
then quit and surrender the Premises, but Tenant shall remain
liable as hereinafter provided.
14.2) If during the Term Tenant shall default in fulfilling
any of the covenants of the Lease (other than the covenants for
the payment of Base Rent or Additional Rent), Landlord may give
Tenant notice of any default or of the happening of any
contingency referred to in this paragraph, and if at the
expiration of thirty (30) days after the service of such notice
the default or contingency upon which said notice was based shall
continue to exist, or in the case of a default or contingency
which cannot with due diligence be cured within a period of
thirty (30) days, if Tenant fails to proceed promptly after the
service of such notice and with all due diligence to cure the
same and thereafter to prosecute the curing of such default with
all due diligence, Landlord, at its option, may terminate the
Lease, and upon such termination, Tenant will quit and surrender
the Premises to Landlord, but Tenant shall remain liable as
hereinafter provided.
14.3) If Tenant shall default in the payment of the Base Rent
expressly reserved hereunder, or any part of the same, and such
default shall continue for ten (10) days after notice thereof by
Landlord, or such default in the payment of any item of
Additional Rent to be paid by Tenant hereunder, or any part of
the same, and such default shall continue for thirty (30) days
after notice thereof by Landlord, or if the Lease shall expire as
provided in paragraphs 14.1 or 14.2 of this Article, Landlord or
Landlord's agents and servants may immediately or at any time
10.
thereafter re -enter the Premises and remove all persons and any
or all property therefrom, either by summary dispossession
proceedings or by any suitable action or proceedings at law or by
force or otherwise and repossess and enjoy said Premises,
together with all additions, alterations, and improvements,
without re -entry and repossession working forfeiture or waiver of
the rents to be paid and the covenants to be performed by Tenant
during the Term hereof. Upon the expiration of the Term of the
Lease by reason of any of the events described in paragraphs 14.1
or 14.2, or in the event of termination of the Lease by summary
dispossession proceedings or under any provision of law now or
hereafter in force by reason of or based upon or arising out of a
default under or a breach of the Lease on the part of Tenant
except where such breach or default is determined by a court of
competent jurisdiction to be justified because of Landlord's acts
or omissions), or upon Landlord recovering possession of the
Premises in the manner or in any of the circumstances whatsoever,
whether with or without legal proceedings, by reason of or based
upon or arising.out of a default under or a breach of the Lease
on the part of Tenant, Landlord may, at its option, at any time
and from time to time, relet the Premises, or any part thereof,
for the account of Tenant or otherwise, and receive and collect
the rents therefor, applying the same first to the payment of
such expenses as Landlord may have incurred in recovering
possession of the Premises, including legal expenses and
attorneys' fees, and for putting the same into good order or
condition or preparing or altering the same for re- rental and all
other expenses, commissions, and charges paid, assumed, or
incurred by Landlord in reletting the Premises and then to the
fulfillment of the covenants of Tenant hereunder. Any such
reletting herein provided for may be for the remainder of the
Term of the Lease as originally granted or for a longer or
shorter period. In any such case or whether or not the Premises,
or any part thereof, is relet, Tenant shall pay to Landlord the
Base Rent and the Additional Rent required to be paid by Tenant
up to the time of such termination of the Lease, as the case may
be, and thereafter, except in a case where liability of Tenant as
hereinafter provided arises by reason of any of the contingencies
referred to in paragraph 14.1 hereof, Tenant covenants and
agrees, if required by Landlord, to pay to Landlord until the end
of the Term of the Lease the equivalent of the amount of all the
Base Rent and Additional Rent reserved herein less the net
proceeds of reletting, if any. Landlord shall have the election,
in place and stead of holding Tenant so liable, forthwith to
recover against Tenant, as damages for loss of the bargain and
not as penalty, an aggregate sum which at the time of such
termination of the Lease for such recovery of possession of the
Premises by Landlord, as the case may be, represents the then
present worth of the excess, if any, of the aggregate of the Base
Rent and Additional Rent payable by Tenant hereunder that would
have accrued for the balance of the Term, over the aggregate
rental value of the Premises for the balance of such Term.
11.
14.4) The specified remedies to which Landlord may resort
under the terms of the Lease are cumulative and are not intended
to be exclusive of any other remedies or means of redress to
which Landlord may be lawfully entitled in case of any breach or
threatened breach by Tenant of any provision of the Lease. The
failure of Landlord to insist in any one or more cases upon the
strict performance of any of the covenants of the Lease or to
exercise any option herein contained shall not be construed as a
waiver or a relinquishment for the future of such covenant or
option. A receipt by Landlord of Base Rent or Additional Rent,
including payment of Base Rent or Additional Rent by Tenant's
receiver, trustee in bankruptcy, creditor, or assignee, with
knowledge of breach of any covenant hereof (other than the
payment of Base Rent or Additional Rent) shall not be deemed a
waiver of such breach, and no waiver by Landlord of any provision
of this Lease shall be deemed to have been made unless expressed
in writing and signed by Landlord. In addition to other remedies
provided in this Lease, Landlord shall be entitled to the
restraint by injunction for -the violation or attempted or
threatened violation of the covenants, conditions, or provisions
of the Lease.
ARTICLE 15.
ATTORNEYS' FEES
If it is necessary for Landlord to retain the services of an
attorney at law to enforce any of the terms, covenants, or
provisions hereof, or to collect any sums due hereunder, Tenant
shall pay to Landlord upon demand, as Additional Rent hereunder,
the cost of such services.
ARTICLE 16.
REMOVAL OF IMPROVEMENTS AND FIXTURES
Any improvements or fixtures installed by Tenant in the
Improvements or on the Land, whether used solely in Tenant's
business or whether usable in the Improvements without regard to
such business or otherwise, shall become the property of Landlord
upon the termination of the Lease.
ARTICLE 17.
CONDITION OF PREMISES AT TERMINATION
At the termination of the Lease by lapse of time or
otherwise, Tenant shall return the Premises in as good a
condition as when Tenant took possession, excepting only ordinary
wear and tear and condemnation, damage, or destruction as
described in Articles 10 and 11 herein. At Landlord's option,
Tenant agrees it shall remove all of its personal property,
including fixtures and equipment and the Improvements, from the
Premises and shall repair any damage caused by the removal and
12.
restore the Premises to the good and clean condition which
existed prior to the construction of the Improvements on the
Premises, including sodding the Premises.
ARTICLE 18.
HOLDING OVER
In the absence of any written agreement to the contrary, if
Tenant should continue to occupy the Premises following the
expiration of the Term of the Lease, Tenant shall so remain as a
tenant from month to month and all provisions of the Lease
applicable to such tenancy shall remain in full force and effect.
During such tenancy, the same Base Rent and the same terms and
conditions as prevailed during the last month of the Term demised
shall prevail. In any such event, Tenant shall be liable to
Landlord for damages which Landlord may incur as a result of such
holding over, including but not limited to damages incurred
because of doss of a prospective successor tenant. If Tenant is
a hold -over tenant and if Tenant continues to occupy the Premises
following the termination of such holdover (by a proper notice as
to such month -to -month tenancy), then the foregoing provisions of
this Article shall apply in the same manner as when Tenant
continued in occupancy following the expiration of the Term of
the Lease.
ARTICLE 19.
USE OF PREMISES
The Premises shall be used only for the operation of an
office for Tenant's business and for no other use or purpose
whatsoever. Notwithstanding anything to the contrary contained
herein, Tenant shall not use the Premises in violation of the
Declaration of Restrictive Covenants recorded against the
Premises. Specifically, Tenant shall not use the Premises for
retail or private commercial purposes, including, but not limited
to retail government purposes, such as a municipal liquor store,
or for school purposes. Tenant shall not use or occupy the
Premises or knowingly permit the Premises to be used or occupied
contrary to any statute, rule, order, ordinance, requirement, or
regulation applicable thereto or in any manner which would
violate any certificate of occupancy affecting the same, or which
would cause structural injury to the Premises or cause the value
or usefulness of the Premises or any part thereof to
substantially diminish (reasonable wear and tear excepted) or
which would constitute a public or private nuisance or waste.
Tenant shall promptly upon discovery of any such use, take all
necessary steps to compel the discontinuance of such use.
ARTICLE 20.
PERMITS
Tenant shall maintain in force and effect all permits,
licenses, and similar authorizations to use the Premises for the
13.
aforesaid purposes required by any governmental authority having
jurisdiction over the use thereof. Tenant's failure to maintain
such permits, licenses, and similar authorizations shall not
relieve Tenant from the performance of its obligations and
covenants hereunder (except obligations and covenants as may be
prohibited by law), nor from the obligations to pay Base Rent or
Additional Rent, as set forth herein. Tenant shall, at
Landlord's request, join with Landlord in executing,
acknowledging, and delivering any and all petitions, consents,
subordinations, plats, or easement deeds that may be required for
the installation of any utilities, public improvements, roads,
water lines, sewer lines, storm drainage facilities, subdivision,
rezoning, special use, platting, or other similar development of
the Premises, which do not affect Tenant's use of the Premises
during the Term.
ARTICLE 21.
COMPLIANCE WITH LAW
21.1) Tenant, at its sole expense, shall promptly comply with
all laws, ordinances, and requirements of federal, state, county,
and municipal authorities relating to Tenant's use and occupation
of the Premises, and with any lawful order or direction of any
public officer relating to Tenant's use and occupation of the
Premises during the Term of the Lease. Nothing herein contained,
however, shall prohibit Tenant from appealing from or contesting
the validity or legality of such laws, ordinances, requirements,
orders, or directions and, notwithstanding the foregoing
provisions of this Article, Tenant shall not be deemed to be in
default hereunder so long as Tenant diligently prosecutes such
appeal or contest.
21.2) Neither Tenant, nor any entity or person shall, at any
time during the Term: (i) "release" or actively or passively
consent to the "release" or "threatened release" of any Hazardous
Substance (as defined below) from any "facility" or vessel"
located on or used in connection with the Premises; or (ii) take
any action in "response" to a "release" in connection with the
Premises except with Landlord's prior written consent; or (iii)
otherwise engage in any activity or omit to take any action which
could subject Landlord or Tenant to claims for intentional or .
negligent torts, strict or absolute liability, either pursuant to
statute or common law, in connection with Hazardous Substances
as defined below) located in the Premises, including the
generating, transporting, treating, storage, or manufacture of
any Hazardous Substance (as defined below). The terms set within
quotation marks above shall have the meaning given to them in the
Comprehensive Environmental Response and Liability Act, 42 U.S.C.
9601 et sect., as amended by SARA (CERCLA) and the Minnesota
Environmental Response and Liability Act, Minn. Stats. Ch. 115B
MERLA). "Hazardous Substances" means hazardous waste, toxic
substances, formaldehyde, urea, polychlorinated biphenyls,
asbestos, petroleum, natural gas, synthetic gas usable for fuel
14.
or mixtures thereof, any materials related to any of the
foregoing, and substances defined as "hazardous substances,"
toxic substances," "hazardous waste," "pollutant," or
contaminant" in CERCLA, MERLA, the Hazardous Materials
Transportation Act, 49 U.S.C. § 1801 et sea., the Minnesota Water
Pollution Control Act, Minn. Stats. Ch. 115, the Clean Water Act,
33 U.S.C. § 1251 et seq., or any regulations promulgated pursuant
to any of the foregoing statutes.
21.3) Neither Tenant, nor any entity or person shall, at any
time, during the Term, install, use, or remove any storage tank
on or in connection with the Premises without Landlord's prior
written consent. Tenant shall provide to Landlord, with any
request for Landlord's approval of a tank, evidence of Tenant's
financial responsibility (by insurance, performance bond, or
similar method acceptable to Landlord) with respect to the
installation, use, and removal of such tank. Any such tank to
which Landlord consents, shall be installed, used and removed in
full compliance with Minn. Stats. Ch. 115C, Minn. Stats.
116.46 -.50, 42 U.S.C. 6991 -6991i and all other relevant and
applicable local, state and federal laws, ordinances and
regulations proposed and promulgated (the Storage Tank Laws).
Any such tank shall be, at all times, the sole property of
Tenant, and Tenant shall remove same in accordance with the
Storage Tank Laws prior to the termination or expiration of this
Lease and repair any damage to the Premises caused thereby, all
at Tenant's expense. Tenant shall deliver to Landlord copies of
all notices or other documents received or given by Tenant
pursuant to the Storage Tank Laws.
21.4) Tenant agrees to indemnify and reimburse Landlord, its
successors and assigns, including, without limitation, the
holders of any mortgage affecting the Premises, for any breach of
this Article 21 hereof and from any loss, damage, expense, or
cost arising out of or incurred by Landlord which is the result
of any such breach, including attorneys' fees incurred by
Landlord in connection therewith. This Article 21 shall be
deemed to continue for Landlord and its successors and assigns
and shall survive any termination or expiration of this Lease.
The amount of all such indemnified losses, damages, expenses, and
costs shall bear interest thereon at the rate of ten percent
100) per annum, and shall be immediately due and payable in full
on demand of Landlord.
21.5) Landlord agrees to indemnify, defend and hold Tenant
harmless for any loss, damage, expense or cost arising from soil
contamination which existed before the execution of this Lease.
ARTICLE 22.
LANDLORD'S ACCESS TO PREMISES
22.1) Tenant shall permit Landlord and the authorized
representatives of Landlord to enter the Premises at all times
15.
during usual business hours for the purpose of inspecting the
same and making any necessary repairs to comply with any laws,
ordinances, rules, regulations, or requirements of any public
authority or of the Board of Fire Underwriters or any similar
board. Nothing herein shall imply any duty upon the part of
Landlord to do any such work which, under any provision of the
Lease, Tenant may be required to perform, and the performance
thereof by Landlord shall not constitute a waiver of Tenant's
default in failing to perform the same. Landlord may, during the
progress of any work in the Premises, reasonably keep and store
upon the Premises all necessary materials, tools, and equipment.
Landlord shall not in any event be liable for inconvenience,
annoyance, disturbance, loss of business, or other damage to
Tenant by reason of making repairs or the performance of any work
in the Premises, or on account of bringing materials, supplies,
and equipment onto or through the Premises during the course
thereof, and the obligations of Tenant under the Lease shall not
hereby be affected in any manner whatsoever. Landlord shall,
however, in connection with the doing of any such work cause as
little inconvenience, annoyance, disturbance, loss of business,
or other damage to Tenant as may reasonably be possible in the
circumstances.
22.2) Landlord is hereby given the right during usual
business hours to enter the Premises and to exhibit the same for
the purpose of sale and during the final six (6) months of the
Term hereof. Landlord shall be entitled to display on the
Premises in such manner as not to unreasonably interfere with
Tenant's business the usual "For Sale" or "To Let" signs, and
Tenant agrees that such signs may remain unmolested upon the
Premises and Landlord may exhibit said Premises to prospective
tenants during such period.
ARTICLE 23.
INDEMNITY
Tenant shall indemnify and save harmless Landlord against and
from any and all claims by or on behalf of any person or persons,
firm or firms, corporation or corporations, arising from the
conduct or management of or from any work or thing whatsoever
done in, on, or about the Premises, and will further indemnify
and save Landlord harmless against and from any and all claims
arising during the Term of the Lease from any condition of the
Premises or any street, curb, sidewalk adjoining the Premises, or
of any passageways or spaces therein or appurtenant thereto, or
arising from any breach or default on the part of Tenant in the
performance of any covenant or agreement on the part of Tenant to
be performed, pursuant to the terms of the Lease, or arising from
any act of negligence of Tenant, or any of its agents,
contractors, servants, employees, or licensees, or arising from
any accident, injury, or damage whatsoever caused to any person,
firm, or corporation occurring during the Term of the Lease, in
or about the Premises, or upon or under the sidewalks and the
FIM
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land adjacent thereto, and from and against all costs, reasonable
attorneys' fees, expenses, and liabilities incurred in or about
any such claim or action or proceeding brought thereon; and in
case any action or proceeding is brought against Landlord by
reason of any such claim, Tenant, upon notice from Landlord,
shall resist or defend such action or proceeding by counsel
reasonably satisfactory to Landlord.
ARTICLE 24.
ESTOPPEL CERTIFICATE
Tenant shall, at any time and from time to time, upon not
less than twenty (20) days' prior notice by Landlord, execute,
acknowledge, and deliver to Landlord a statement in writing
certifying that the Lease is unmodified and in full force and
effect (or if there shall have been modifications that the Lease
is in full force and effect as modified and stating the
modifications) and the dates to which the Base Rent and
Additional Rent have been paid in advance, if any, and stating
whether or not (to the best knowledge of Tenant) Landlord is in
default in the performance of any covenant, agreement, or
condition contained in the Lease and, if so, specifying each such
default of which Tenant may have knowledge, it being intended
that any such statement delivered pursuant to this Article shall
be in a form approved by and may be relied upon by any
prospective assignee of Landlord's interest in the Lease or any
mortgagee of the Premises or any assignee of any mortgage upon
the Premises.
ARTICLE 25.
SUBORDINATION
The Lease shall, at Landlord's election, be subject and
subordinate to the terms and conditions of all mortgages which
may now or hereafter encumber the Premises and to all renewals,
modifications, consolidations, replacements, and extensions of
such mortgages. In confirmation of such subordination, Tenant
shall promptly execute any certificate of subordination or other
such documents which Landlord or its mortgagees may request.
ARTICLE 26.
SIGNS
Upon prior written approval by Landlord of design and
construction, which approval shall not be unreasonably withheld,
Tenant may erect such signs upon the Premises as it may deem
desirable, as long as said signs do not exceed in weight the safe
carrying capacity of any bearing structure, or violate the laws
of the state or ordinances of the municipality in which the
Premises is situated.
17.
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ARTICLE 27.
NOTICES
Any notice or election herein requested or permitted to be
given or served by either party hereto upon the other, shall be
deemed given or served in accordance with the provisions of the
Lease if delivered to either party hereto and receipt is obtained
therefor, or if mailed in a sealed wrapper by United States
registered or certified mail, postage prepaid, properly addressed
to such other party at the address hereinafter specified. Unless
and until changed by notice as herein provided, notices and
communications shall be addressed as follows:
If to Landlord: City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, Minnesota 55330
Attn:
If to Tenant: Elk River Area Chamber of Commerce
5 6 /D _
Each such mailed notice or communication shall be deemed to have
been given to, or served upon the party to which addressed, on
the date the same is deposited in the United States registered or
certified mail, postage prepaid, properly addressed in the manner
above provided. Each such delivered notice or communication
shall be deemed to have been given to, or served upon, the party
to whom delivered, upon delivery thereof in the manner above
provided. Either party may change the address to which mailed
notice is to be sent to it by giving to the other party hereto
not less than thirty (30) days' advance written notice thereof.
All payments of Base Rent or Additional Rent hereunder shall be
made to Landlord at the address above designated, or as may be
hereafter designated.
ARTICLE 28.
MISCELLANEOUS
28.1) Entire Agreement - The Lease contains the entire
agreement between the parties, and there are no other terms,
obligations, covenants, representations, statements, or
conditions, oral or otherwise, of any kind whatsoever. Any
agreement hereafter made shall be ineffective to change, modify,
discharge, or effect an abandonment of the Lease in whole or in
part unless such agreement is in writing and signed by the party
against whom enforcement of the change, modification, discharge,
or abandonment is sought.
k"
28.2) Release of Landlord - If Landlord sells or otherwise
transfers all of its interest in the Premises, Landlord shall,
without further action by any party, be released and discharged
from any further obligation or duty under the Lease, and no claim
or demand upon Landlord shall thereafter be made by Tenant
arising out of any obligation or duty of Landlord hereunder.
Upon request by Landlord, Tenant shall execute an attornment
agreement with Landlord's transferee in form satisfactory to such
transferee.
28.3) Severability - If any term, condition, or provision of
the Lease or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or
unenforceable, the remainder thereof and the application of such
terms, provisions, and conditions to persons or circumstances
other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and the Lease and
all the terms, provisions, and conditions hereof shall, in all
other respects, continue to be effective and to be complied with
to the full extent permitted by law.
28.4) Short Form Lease - At the request of either party
hereto, a short form lease shall be prepared in form and
substance reasonably satisfactory to each of the parties and
shall be executed by each of the parties in duplicate, such lease
to be filed for record in Sherburne County, Minnesota.
28.5) Headings - The headings incorporated in the Lease are
for convenience in reference only and are not a part of the Lease
and do not in any way limit or add to the terms and provisions
hereof.
28.6) Binding Effect - All of the covenants, conditions, and
agreements herein contained shall extend to, be binding upon, and
inure to the benefit of the parties hereto and their respective
heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease the
day and year first above written.
IRWAN
CITY OF ELK RIVER
By: 9V
ts • ow
19.
TENANT:
ELK RIVER AREA CHAMBER
OF COMMERCE
By:
Its:
ME
Its:
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
612) 835 -3800
APM:AO6s 20.
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EXHIBIT A
to that certain
LEASE
by and between
CITY OF ELK RIVER, Landlord
and
ELK RIVER AREA CHAMBER OF COMMERCE, Tenant
Legal Description of the Property:
s'
Property Lease Description For
The City of Elk River
Chamber Of Commerce
That part of Lot 1, Block 1, Creamery Addition, according to said plat on file and of record in
the office of the County Recorder, Sherburne County, Minnesota, described as follows;
Beginning at the most Northerly corner of said Lot 1; thence South 12 degrees 26 minutes 08
seconds West, an assumed bearing along the Westerly line of said Lot 1, a distance of 135.23 feet
to the Southwesterly corner of said Lot 1, thence South 51 degrees 47 minutes 48 seconds East,
along the Southwesterly line of said Lot 1, a distance of 181.43 feet; thence North 38 degrees 12
minutes 12 seconds East, a distance of 47.00 feet; thence North 51 degrees 47 minutes 48 seconds
West, a distance of 86.89 feet; thence North 38 degrees 12 minutes 12 seconds East, a distance
of 72.95 feet to the Northeasterly line of said Lot 1; thence Northwesterly, a distance of 153.69
feet, along said Northeasterly line of Lot 1, said line being a non - tangential curve concave to the
Southwest having a radius of 3729.83 feet, a central angle of 02 degrees 21 minutes 39 seconds
and a chord bearing of North 50 degrees 45 minutes 29 seconds West, to the point of beginning.
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