2018-087 Authorizing the Amendment of Lease to Accommodate Temporary Easement CITY OF HOPKINS, MINNESOTA
RESOLUTION NO. 2018-087
RESOLUTION AUTHORIZING THE AMENDMENT OF LEASE TO
ACCOMMODATE TEMPORARY EASEMENT
WHEREAS,the City of Hopkins, Minnesota("City"),entered into a lease agreement with
The Luther Company, LLLP ("Tenant"), dated February 14, 2008 (the "Lease"), for real property
legally described as: that part of Lot 31, Auditor's Subdivision Number 242, Hennepin County,
Minnesota, lying east of the easterly line of 5`h Avenue South in the City of Hopkins (the
"Premises"); and
WHEREAS, pursuant to a separate temporary easement between the City and the
Metropolitan Council for the construction of the Southwest LRT Project ("Easement"), the City
granted certain temporary easement rights over the Premises; and
WHEREAS, the Metropolitan Council has requested that the City amend the Lease to
insure and provide that the Lease is subject to the Easement; and
WHEREAS, the City desires to accommodate the Easement and subject the Lease to its
terms by entering into an amendment to the Lease between the City and Tenant (the "Lease
Amendment"), according to the terms of which Tenant will acknowledge and agree that its use of
the Premises is specifically subject to the Easement, and which amendment is attached hereto as
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota,that the recitals and the exhibit set forth in and attached to this Resolution are incorporated
into and made a part of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of Hopkins,Minnesota,hereby authorizes the approval of all documents and necessary actions
relative to the Lease Amendment.
NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City
of Hopkins, Minnesota, that the Mayor, City staff, City attorney and City consultants are hereby
authorized and directed to take any and all additional steps and actions necessary or convenient in
order to accomplish the intent of this Resolution.
Approved this ZO day of ISI D✓ , 2018, by the City Council of the City of Hopkins, Minnesota.
1
537542v2 BDL HP145-18
CITY OF HOPKINS, MINNESOTA
Attest: 11"A, � `
Molly tummings, M yor
Amy Domeier, City Clerk
2
537542.2 BDL.HP145-18