CR2002-021 Snow Storage Site Lease
.. J CITY Or:
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HOPK\NS
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January 31, 2002 Council Report 2002-021
Approve Snow Storage Site Lease - SuperValu property
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve
snow storaqe site lease aQreement between the City of Hopkins and SuperValu,
Inc.
Overview.
The SuperValu property just east of Highway 169 and north of 2nd Street NE is
available for the city's use as a snow dump site. This is the same property that
the city was working to acquire as a part of the Medica HQ project north annex
site development agreement. SuperValu has agreed to make it available to the
city as a no-cost lease on a yearly basis. The only conditions are that the city
clean up the debris left behind after the snow melt. This site has been used as a
snow dump by SuperValu for many years. Given our relatively mild, dry
. 2001/2002 winter, it is unsure whether the city will actually use this site this year.
The City Attorney drafted the proposed agreement. SuperValu has reviewed it
and will sign the agreement.
Primary Issues to Consider.
. Agreement terms
The term is from February 11, 2002 to July 31, 2002. There is no cost and the
city must remove accumulated debris by July 1,2002.
SupportinQ information.
Steven J. Stadler, Public Works Director
Financial Impact: $~ Budgeted: Y/N n/a Source: n/a
. Related Documents (CIP, ERP, etc.):
Notes:
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. SNOW STORAGE LEASE
This Snow Storage Lease ("Lease") is made and entered into by and between the Landlord and Tenant
identified in Paragraph] of this Lease, effective February 11, 2002.
1. Parties. The parties to this Lease are SUPER V ALU Inc., a Delaware corporation, hereinafter
called "Landlord" and the City of Hopkins, a municipal corporation under the laws of the State of Minnesota,
hereinafter called "Tenant."
2. Oemise and Premiscs. Subject to the terms and conditions stated in this Lease. Landlord hereby
leases to Tenant, and Tenant leases from Landlord, during the term specified in Paragraph 3 of this Lease. that
certain tract of land ("Real Property") legally described in Exhibit A attached hereto and incorporated herein by
reference. The Real Property is sometimes hereinafter also referred to as the "Premises."
3. Term and Conditions of Use. The initial term of this Lease shall commence on the II th day of
February, 2002. and shall terminate on the 31 'I day of July, 2002. unless earlier terminated as hereinafter provided.
Tenant shall be entitleu to the exclusive use of the Premises. but solely for the use and purposes and during the times
specified in Paragraph 5 of this Lease, during the entire term of this Lease. Specifically. Tenant shall be entitled to
. the exclusive use of the Premises for the purposes described in Paragraph 5 of th is Lease at all times during the tenn
of this Lease in which Tenant is performing snow removal work or any other work consistent with or necessary' to
carry out the use of the Premises as described in Paragraph 5. Landlord shall be entitled to enter upon and use the
Premises for other purposes during the term of this Lease, but only during those times in which Tenant is not using
the Prem ises for the uses and purposes described in Paragraph 5 of this Lease. Landlord shall not, however, during
the term of this Lease. construct any improvements upon or otherwise alter the Premises so as to prevent or hinder
the LIse thereof by Tenant for the use and purposes described in Paragraph 5 of this Lease.
4. Rcnt. Tenant agrees to pay Landlord, at the address stated in Paragraph 13 of this Lease, annual rent in
the amoLlnt of $~~, payable upon execution of this Lease and thereafter on the anniversary date of the
commencement date of this Lease each and every year during the term of this Lease without demand therefor or
deduction or set of[
5. Use of Premises. Tenant shall use the Premises only for the storage and disposal of snow. ice and other
materials removed by Tenant frOlll streets. alleys. parking lots. sidewalks and other areas as a result of or in
. connection with the Tenant's lllunicipal snow plowing and snow removal activities. Such use and Tenant's rights
...
. under this Lease shall include the right of entry upon the Premises by Tenant's agents and employees. including the
operation of dump trucks, snow removal equipment and other equipment as necessary for the conduct of the
permitted use described in the preceding sentence. Tenant shall comply with all appl icable state and local laws,
ordinances and regulations in its use of the Premises.
6. Maintenancc of Premises. Landlord shall have no obligation to maintain. repair, restore or improve the
Premises during the term of this Lease. No later than the first day of July each year during the terlll of this Lease,
Tenant shall remove all debris or other materials from the surface of the Premises that were deposited or disposed of
on the Premises as a result of the Tenant's use thereof. all at Tenant's sole expense. Ifphysical damage is caused to
the Premises or any improvements located on the Premises by Tenant or Tenant's employees or agcnts, Landlord
may notify Tenant of such damage, including a description of the damage, and Tenant shall thereatlcr proceed to
repair SLlch damage, at Tenant's sole expense. If Tenant fails to commence repair of any damage caused by Tenant,
or Tenant's employees or agents, within tl1 irty (30) days of delivery of such notice ti'om Landlord, or should Tenant
fail to proceed with reasunable di ligence to complete the repair of any damage caLlsed by Tenant, Landlord may
repair such damage, and Tenant shall reimburse Landlord for all reasonable costs and expenses incurred in
. completing such repairs.
7. Altcrations. No alteration or modification or improvement (including signs) shall be made by Tcnant in
or to the Premises without the prior consent of Landlord in writing.
8. Destruction of Premises. [Inll'ntionally deleted].
9. Sublcasinl! and Assil!llmcnt. Tcnant shall not assign its rights under this Lease or sublet the Premiscs
withuut the prior written consent of Landlord.
10. Non-liabilitv of LandlOl'd; Indemnitv of Landlord bv Tcnant. This Lease is made on the express
condition that, except ror injury or damage caused by Landlord's negl igence or willful misconduct. the Landlord
shall be free from all liabilities, claims. obligations and damages for or by reason of any injury or injuries to any
person, persons or property of any kind or nature whatsoever resulting from the use of the Premises by Tenant, or
Tenant's agents or l'mployees, liarn any UHlse or causes whatsoever during the term of this Lease, whether
occasioned by any uccupancy or lIse of the Premises or any activity carried on by the Tenant. or Tenant's agents or
employees. The Tenant further covenants and agrees to indemnify, save. hold harmless and defend the Landlord
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. hum all I iabilities, claims, obi igations, damages. charges. expenses and costs (including Landlord's reasonable
attorney's fees) arising out of or resulting frolll the use of the Premises by Tenant, or Tenant's agents or employees,
including, but not limited to, the liabilities, claims, obligations and damages referred to the foregoing provisions of
this paragruph.
II. Insu rance. renant shalL during the term of this Lease. maintain public ]iability insurance insuring
against personal injury and property damage occurring as a result of or in connection with Tenant's use of the
Premises in a single limit amollnt of not less than $1 million for personal injury or death and not less than $500,UOO
for propelty damage. Such insurance shall name Landlord as an additional insurcd, and Tenant shall provide
Landlord with celtificatcs evidencing Tenant is maintaining such insurance. Such insurance shall also require the
insurer to give Landlord at least 30 days' prior wriUen of notice the cancellation or termination of the insurance
policy.
]2. Default and Termination.
a) Anyone of the fil 1I0wing events shall constitute an Event of Default
i) Tenant shall fail to pay any installment of annual rent as provided in Paragraph 4 of this
. Lease within thirty (30) days after Tenant receives notice ti'olll Landlord that such
installment or payment is due;
ii) Tenant shall violate or fai I to perform any of the other terms, covenants or conditions of
this Lease and such default shall continue for thirty (30) days after notice from Landlord,
unless such default cannot be cured in the exercise of reasonable diligence within said
thilty (30) days period, in which event Tenant shall be allowed such additional time as is
needed to cure such default with all due diligence:
bl [r an Event of Default shall have occurred and be continuing. Landlord may at its sole option by
written notice to Tenant terminate this Lease. Neither the passage of time after the OCCUITence of the Event of
Default nor exercise by Land]ord or any other remedy with regard to such Event of Default shall limit Landlord's
right under this Paragraph 1.:!. b).
c) ]1' an Event of Default shall have occurred and be continuing, whether or not Land]ord elects to
terminate this Lease. Landlord Illay enter upon and repossess the Premises (said repossession being hereinafter
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. referred to as "Repossession") by force, sllmmary proceedings. ejectment or otherwise, and may remove Tenant and
al] other persons and property (hereh'om.
d) Neither the termination of this Lease pursuant to Paragraph ] 1. b) Nor Repossession of the
Premises pursuant to Paragraph 11. e) shal] relieve Tenant of its liabilities and obligations under this Lease, all of
which shall survive any such termination or Repossession.
e) Upon termination of this Lease, Tenant shall vacate the Premises, and remove al] personal
property bclonging to Tenant or Tenant's employees and agents therefrqm.
13. Notices. All notices provided by this Lease shall be in writing and shall be given to the other party as
follows:
To the T cnant: City of Hopkins
Attention: Steven Stadler
10 I 0 First Street South
Hopkins, MN 55343
To the Landlord: SUPER V ALU Inc.
Attention: ~
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All notices shall be personally delivered to the individual identified above or sent by certified United States mail,
return receipt requested. Personally delivered notices shall be effective as of the date of delivery. Mai]ed notice
shall be effective two (.::!) days aftcr the date of mailing. Either party may change such party's address for notice
purposes by writtcn notice to the other as provided in this Paragraph 13.
14. Applicable Law. This Lease and the rights and obligations of the pmiies hereunder shall be
interpreted in accordance with the laws of the State of Minnesota.
15. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition,
provision or terlll of this Lease shall be valid or of any effect unless made in writing, signed by the party or pmiies to
be bound or a duly authorized representative, and specifying with pmiicularity the extent and nature of slIch
amendment, modification or waiver. Any waiver by any party of any default of another patiy shall not affect or
impair any right arising frolll any subsequent default. Nothing herein shall limit the remedies and rights of the
parties hereto Linder and pursuant to this Lease.
16. Entire Al!rccrnent. Th is ["ease contains the entire understanding of the parties hereto with respect to
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. the transactions described herein and supersedes all prior agreements and understandings between the parties with
respect to such subject matter. No representations, warranties, L1ndeltakings or promises, whether oral. implied,
written or otherwise, have been made by either party to the other unless expressly stated in this Lease or L1nless
mutually agreed to in writing between the parties after the date hereof. and neither party has relied on any verbal
representations, agreements or understandings not expressly set fOlth herein.
17. Captions, Headings or Titles. All captions. headings or titles in the paragraphs or sections of this
Lease are inserted for convenience of reference only and shall not constitute a part of this Lease as a limitation oflhe
scope ofthe particular paragraphs or sections to which they apply.
IN WITNESS WHEREOF, the undersigned Landlord and Tenant have executed this Lease Agreement
effective as oflhe day of . 200 I.
LANDLORD: TENANT:
SUPERV ALU INl'. CITY OF HOPKINS
By 8y
. Its -. Its ..-
By_
Its
.
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. Exhibit A
Lcg:al Descl"intion of Premises
.
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c: hupel v\SuperV nlu. SllowS!I,ragc
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