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CR 99-104 Join Proposal, Depot & Hennepin Parks Trailhead at the Depot Coffee Houses Proposed Action '\ y \ 0 CJ "" May 27, 1999 m Council Report 99-104 1- '" . o P K \ "'- Joint Proposal. Depot and Hennepin Parks ReQional Trailhead at the Depot Coffee House Proposed Action Staff recommends approval of the following motion: Motion to acknowledQe receipt of a concept plan and related documents from Hennepin Parks for a proposed reaional trailhead at the Depot Coffee House and to refer the proposal to the Park Board. the Zonina and Plannina Commission, the City Attorney and such other parties as the Council may desiQnate for review and comment. Overview Hennepin Parks, which owns the regional trails that run through Hopkins, is proposing to relocate a regional trailhead from its current site on Excelsior Boulevard and 8th Avenue to the Depot Coffee House. The proposed trailhead would include amenities not found at the current trailhead, such as a small shelter, picnic tables and benches, A previous proposal from Metro Transit shows locating the trailhead at 5th Avenue and Excelsior Boulevard in conjunction with a proposed park-and-ride lot The Southwest LRT Trail currently runs past the Depot Hennepin Parks proposes to pay a major .hare of the cost of paving the Depot's parking lot. The Depot board supports the proposal, which is largely the result of efforts by Depot board member Ken Ward, who is a student at Hopkins High School. Staff recommends that the City Council acknowledge receipt of the proposal and refer it to the Park Board, the Zoning and Planning Commission, the City Attorney and such other parties as the Council may designate for review and comment The proposal will require review by the Hennepin County Regional Railroad Authority, which owns the site of the proposed regional trailhead. Primary Issues to Consider . What is the impact of the proposed trailhead location on traffic on Excelsior Boulevard? . What is the impact on the prospects for building a pedestrian bridge at 5th Avenue of removing the trailhead from the park-and-ride proposed for 5th Avenue? . What other issues are involved in this proposal? Supportina Documents . Draft agreement including artist's rendering and preliminary site plan /:~ Draft,~~ase 1/ / ( -~-~ .Iim Parsons, Assistant to the City Manager Primarv Issues to Consider . What is the impact of the proposed trailhead location on traffic on Excelsior Boulevard? The trailhead would attract drivers who would park at the Depot and walk or ride their bicycles on the trail. It is not clear what the impact of this use on traffic on Excelsior Boulevard would be, The City does not have a detailed projection of trail usage from Hennepin Parks at this time. . What is the impact on the prospects for building a pedestrian bridge at 5th Avenue of removing the trailhead from the park-and-ride proposed for 5th Avenue? It is not clear whether Hennepin Parks would be a financial participant in the pedestrian bridge, nor whether relocating the trailhead impacts Hennepin Parks' position vis-a.-vis the pedestrian bridge in any way. . What other issues are involved in this proposal? There may be other issues involved with this proposal that the Council would wish to explore. The proposal is exciting from the City's perspective as lead partner in the Depot Coffee House project. The impact of the proposal on other areas of concern to the City are less clear. Alternatives -The Council has the following alternatives regarding this matter 1. Approve the item as recommended by staff. 2. Continue the item for additional information. 3. Deny the item. . 2 - - - . DRAFT e AGREEMENT THIS AGREEMENT is by and among the Hennepin County Regional Railroad Authority, a Minnesota political subdivision (hereinafter "HCRRA"), the City of Hopkins, a Minnesota municipal corporation (hereinafter "City"), the Suburban Hennepin Regional Park District, a Minnesota political subdivision (hereinafter "Park District") and the Student Board, an unincorporated association. I e RECITALS 1) RCRRA is the owner of certain real property (hereinafter "premises") described as follows: The Hennepin County Regional Railroad Authority Depot Building, formerly the Chicago & North Western Transportation Company Railroad Depot, and adjacent properties, located near CSAH 3 and TH 169 in the City of Hopkins, as marked on Exhibit A, which is attached and incorporated herein by reference, 2) CITY is the lessee of the premises pursuant to that lease number 73-32102 by and between HCRRA and City, executed on June 28, 1996 and attached hereto as Exhibit R 3) PARK DISTRICT is the operator, pursuant to a permit with HCRRA, of the southwest trail corridors, which extend generally southwest from the City of Hopkins. . AGREEJ\1ENT Page 1 of 4 DRAFT . 4) STUDENT BOARD is an unincorporated association composed primarily of high school students which, pursuant to the consent of City, operates a coffeehouse on the leased premises, 5) THE PARTIES TO THIS AGREEMENT wish to agree on terms and conditions under which Park District may improve the premises and provide a trailhead for its regional trail for the southwest regional trail corridoL NOW THEREFORE, in consideration of the covenants by and between all the parities hereto, it is hereby agreed as follows: 1) PARK DISTRICT shall, at its own expense, develop the premises according to site plans to be prepared by SRF Consulting Group, Inc" attached as Exhibit C. e 2) HCRRA, CITY AND STUDENT BOARD hereby consent to the improvements, and approve the site plan for the facility, 3) CITY AND STlIDENT BOARD agree that Park District and park users shall be permitted access to all facilities, induding the depot property, building, parking lot and its restrooms during all hours those facilities are operated. The facilities shall be operated a reasonable number of hours a week Park District shall have unlimited access to all improvements developed by Park District pursuant to this agreement, without regard to coffees hop hours of operation, 4) HCRRA, CITY AND PARK DISTRICT agree that if Student Board ceases to operate the coffeehouse, Park District has the right to possess the property in accordance with the tenus of the attached sublease, City shall do all that is required to put the Park District in possession of the premises. The Student Board shall be deemed to have ceased operating the . coffeehouse if 1) it gives notice of doing so, 2) the City gives notice to the Student Board to AGREE!v1ENT Page 2 of 4 DRAFT . cease operating, 3) the coffeehouse is closed by any regulatory or other body having the authority to require operations to cease, 4) the coffeehouse has not been operated for a period of one month, or 5) by any other means, Dated: , 1999 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY by its , and by its Dated: ,1999 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT by James Deane, its Chair, and . by Douglas F Bryant, its Superintendent and Secretary to the Board Dated: ,1999 CITY OF HOPKINS by its , and by its e AGREEMENT Page 3 of 4 -"--" -- - - ---. ---- --- ---- --~- -- ~ --- --- ___on_ _____ --- DRAFT . Dated: , 1999 THE STUDENT BOARD by its . ---- - AGREElvIENT Page 4 of 4 . DRAFT EXIDBIT A . e _24'qq\~10NI \5'4b ~ Z- " \ EXHIB\T ~. \ / 0 I-~ ~ . -- . DRAFT EXHIBIT B . . DRAFT . HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Lease No. 73-32102 Southwest Street Level, Government Center Minneapolis, Minnesota 55487-0016 (612/348-9260) LEASE AGREEMENT TIllS AGREEMENT, eI:tered into by and between the HENNEPIN COUNTY REGIONAL RAILROAD AUTIfORITY, a Minnesota political subdivision, LESSOR, and City of Hopkins. 1010 First Street. Hopkins. Minnesota S~J43, LESSEE; In consideration of the covenants by and between the parties, IT IS HEREBY AGREED: I. LEASED PREMISES . LESSEE agrees to lease from LESSOR, and LESSOR agrees to lease to LESSEE, that certain property described as follows: The Hennepin County Regional Railroad Authority Depot Building, formerly the Chicago & Nonh Western Transportation Company Railroad Depot, and adjacent properties, located near CSAH 3 and TH 169 in the City of Hopkins, which is marked in pink on Exhibit A Exhibit A is attached and incorporated by reference in this Lease. II. USE OF LEASED PREMISES The Leased Premises shall be for the use of LESSEE, its agents, officers and employees and invitees for the following specified purpose and shall be limited to that specified use: The building will be used for community recreation and education purposes and related public uses. The adjacent land will be used for parking cars and activities consistent with the zoning requirements of the Leased Premises. III. TERM, OPTION TO RENEW, AND TERMINATION . LESSEE acknowledges that the Leased Premises were acquired by LESSOR specifically and solely for the purpose of constructing a light rail transit system and its associated facilities and that it is LESSOR's intention to lease the Leased Premises only EXffiBIT B DRAFT until they are needed for that purpose. Nothing in this Lease shall be deemed to evidence . any change by LESSOR of its intended use of the Leased Premises for light rail transit purposes or other permitted transportation purposes. Rather, LESSOR has agreed to the terms of tbis Lease to provide a use for the Leased Premises during the time required for further planning and development of the light rail transit system or other transportation system. The term of this Lease shall be for a period of twenty years commencing on July 1, 1996, and terminating at 2400 bours on June 30,2016. LESSEE shall bave the option to renew this Lease for additional periods subject to approval by the LESSOR. LESSOR or LESSEE may terminate this Lease or any renewal, at any time, by giving six months' written notice to vacate Leased Premises. Six months' after service of said notice, this Lease and all rights hereunder shall terminate except for such rights as may have accrued to either party prior to such termination. At the termination of this Lease, by notice or upon expiration of the Lease term, without further notice or demand, LESSEE shall deliver possession of the Leased Premises to the LESSOR and shall remove all property or fixtures placed upon the Leased Premises which it desires and has the right to remove. If it shall fail to remove such property, its right to do so shall cease at the option of the LESSOR, and LESSEE's title thereto shall be forfeited and the same shall belong . to the LESSOR. lV. RENT LESSEE agrees to pay all costs for water, sewer, heat, and electricity and any other utilities, if any, used or consumed in connection with the Leased Premises, including waste or trash removal costs and snow plowing. Upon such termination of this Lease, rent shall be paid by the Pennittee to the date of termination fixed by said notice at the rate of $1.00 per year. V. MAINTENANCE Ai'ffi REPAIRS At all times during its occupancy of the Leased Premises, LESSEE shall be responsible for 100 percent of the expense of maintaining the Leased Premises in good repair, including but not limited to, snow removal and weed control, and maintaining the fixtures and equipment in good repair; and shall use reasonable precaution to prevent waste, damage, or injury; and shall modify, repair, or replace equipment when necessary. No posters, signs or advertising matter of any kind shall be posted on said premises other than advertisements or signs relating strictly to the business which is being conducted thereon. LESSEE shall pay all costs, including the costs of all labor and materials, of any . remodeling, decorating and alteration work performed on the Leased Premises by LESSEE. DRAFT . LESSOR shall not be lial...~c to LESSEE or those claiming by, through, or under LESSEE for any injury, death, or property damage occurring in, on, or about the Leased Premises. Without limitations of the foregoing, LESSOR shall not be liable for any loss or damage which may be sustained by LESSEE or others in, about, or adjacent to the Leased Premises by reason of the present or future condition of repair of the Leased Premises, or for loss or damage arising from the acts or omissions of LESSEE or other tenants or occupants. Without limitation to the foregoing, LESSOR shall not be liable for any loss or damage which may be sustained by LESSEE or others by reason of the freezing, bursting, overflowing, or defect of any water, sewer, gas or steam pipes, closets, or sinks in. about, or adjacent to the Leased Premises, nor for any loss or damage which directly or indirectly may be sustained because of water, ice or snow from roof, skylights, trap doors, or otherwise. LESSEE shall make no material alterations, additions, or improvements to the building or design or structure of the Leased Premises or modify the use or purpose of the Leased Premises without prior written consent from LESSOR. Notwithstanding the foregoing. LESSEE shall not be required to maintain, repair, restore or improve the Leased Premises or the equipment or fixtures thereon to a condition different from that which existed on the date of this Agreement. .' VI. INDEMNIFICATION AND INSURANCE A.. Indemnifica tion LESSEE shall defend, indemnify, and hold harmless LESSOR, its Commissioners, officers, agents, and employees from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LESSEE, its contractors, subcontractors, officers, agents, employees, customers or invitees, in the performance of this Lease. B. Insurance In order to protect itself, as well as LESSOR under the indemnity provisions hereinabove set forth, LESSEE or LESSEE's contractors, subcontractors or agents performing work on the premises shall purchase and maintain in force at all times during the ~erm of this Lease the following minimum insurance coverages applicable to the Leased Premises, affiliated activities, and! or this Lease: 1. Commercial General Liability to include the following coverages and Insurance limits. Contractual Liability coverage must be included. . Limi ts General Aggregate $1,000,000 Products-Completed Operations Aggregate 1,000,000 DRAF'T . Personal and Advertising Injury 1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage 1,000,000 Fire Damage - Any One Fire 50,000 Medical Expense - Per Person 5,000 2. Automobile Liability including owned, non- owned, and hired automobiles. Combined Bodily Injury and Property Damage $1,000,000 3. Workers' Compensation and Employers' IJability a. Workers' Compensation - Statutory. If the contractor is based outside of the State of Minnesota, coverage must apply to Minnesota laws. b. Employers' Liability. Bodily injury by: Accident - Each Accident $100,000 Disease . Policy Limit 500,000 . Disease - Each Employee 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the LESSEE to determine the need for and to procure additional coverage which may be needed in connection with this Lease. All insurance policies shall be open to inspection by the LESSOR, and copies of policies shall be submitted to the LESSOR upon written request. LESSEE shall be entitled to purchase and maintain during the term of this Lease "all riskl' property insurance covering the Lease Premises and all of Tenant's leasehold improve- ments, fixtures and personal property located Oil the Leased Premises. Such property insurance shall name Lessor as an additional insured, provided that, notwithstanding any provision of this Lease to the contrary, all proceeds of such insurance shall be the sole property of Lessee, and Lessee shall determine whether such proceeds shall be used to restore the Leased Premises or shall be retained by Lessee. In the event Lessee elects to use the proceeds of such property insurance to restore the Leased Premises, Lessee and Lessor shall fully cooperate with one another in effecting such restoration. Nocwithstanding the foregoing, Lessee shall not perform any restoration work without prior written consent from Lessor. . DRAFT . This Lease shall be valid when the LESSEE has obtained required insurance and filed an acceptable certificate of insurance with the Authority. The certificate shall: . Name Hennepin County Regional Railroad Authority as certificate holder and as an additional insured with respect to operations covered under the Lease for all liability coverages except Workers' Compensation and Employers' Liability. . List any exceptions to the insurance requirements. . Amend the certificate of insurance to show Hennepin County Regional Railroad Authority will receive 30 days' \llritten notice in the event of cancellation, non-renewal, or material change in any described policies. Delete the wording: "Endeavor to" and ''rut failure to provide such written notice shall impose no obligation or liability of any kind upon the company . . " Its agents or representatIves. All certificates of insurance shall provide that tbe insurance company shall give thirty (30) days' written notice to both LESSEE and LESSOR of cancellation, non-renewal, or any material changes in the policy and certificates of insurance shall so state. e VII. ASSIGNMENT AND SUBLETTING LESSEE shall not, except with the prior written consent of LESSOR, assign, sublet, mortgage, pledge, or in any manner transfer the Leased Premises or this Lease. Notwithstanding this provisio~ LESSOR agrees that LESSEE may sublet all or part of the Leased Premises to student organizations conducting community recreational educational activities thereon with the understanding that LESSEE shall remain bound by and responsible to LESSOR under the terms of this Lease notwithstanding any sub-lease. VIII. COl'rfPLIANCE WITH LAWS, ORDINANCES, At'fD RULES LESSEE agrees to comply with all laws, ordinances, and regulations of federal, state, municipal and local government agencies as they apply to its occupancy of the Leased Premises and/or the business it transacts on the Leased Premises. LESSEE shall comply with any reasonable rules adopted by LESSOR for the safety, care, and cleanliness of the Leased Premises and for the preservation of good order therein and shall at all times keep the Premises dear and safe. LESSEE shall not permit the existence of any nuisance on said Premises. IX. TRillE FIXTURES, MACHINERY, AND EQUIPMENT LESSOR agrees that all trade fIxtures, machinery, equipment, furniture, or other . personal property kept or installed on the Leased Premises by LESSEE shall not become the property of LESSOR and may be removed by LESSEE, subject to LESSOR's rights as set forth in Section m. . X. REMEDIES OF LESSOR DRAFT It is further agreed between the parties hereto, that if the said LESSEE shall breach or make default in any of the conditions, covenants or agreements of this Lease, which breach or default shall continue for fifteen (15) days after LESSEE's receipt of written notice thereof from LESSOR, then it shall be lawful for the LESSOR, then or at any time thereafter, to declare this Lease ended, and to re-enter said premises and take possession thereof and to use any reasonable or necessary lawful force for regaining possession; whereupon the rights and obligations of the parties shall be the same as above specified in the case of termination at the end of six months' notice; and it is hereby further agreed and provided that any waiver at any time of a breach of any condition, covenant or agreement of this Lease shall extend only to the particular breach so waived and shall, in no manner, impair or affect the existence of such condition, covenant or agreement, or the right of LESSOR thereafter to avail itself of same and any subsequent breach thereof. In the event LESSOR has to take action for repossession of said property, LESSEE, its assigns or heirs shall be liable for reasonable attorney's fees incurred by LESSOR. XI. ENVIRONMENTAL CONCERNS LESSEE shall not create or permit any condition of the Premises that could present a threat to human health or to the environment. LESSEE shall defend, indemnify and hold . harmless LESSOR and its affiliates from any suit or claim growing out of any damages alleged to have been caused by, contributed to, or aggravated by the violation by LESSEE, LESSEE's contractors, subcontractors or agents or any sub-lessee's violation of any federal, state or local laws, ordinances, regulations or requirements pertaining to air, water (surface or groundwater) or noise pollution or any toxic, hazardous or solid substances or wastes, pollutants or contaminants, including, without limitation, asbestos, urea fonnaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and v3!ious constituents of such products (all of which are hereinafter collectively referred to as "contamination") and the storage, handling, use or disposal of any such material by LESSEE, any sub-lessee, contractor, subcontractor or agent of LESSEE performing work on or from the Premises. LESSEE shall bear the expense of all practices or work, preventative, investigative or remedial, which may be required because of any conditions of the Premises caused by LESSEE or any use of the Premises by LESSEE or those claiming by, througb, or under LESSEE, during LESSEE's period of occupancy or during LESSEE's ownership or use prior to the date of this Lease. LESSEE expressly agrees that the indemnification defense and hold harmless obligations it hereby assumes shall survive cancellation of this Lease. LESSEE agrees that statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until LESSOR discovers any such health or environmental impairment and LESSEE hereby knowingly and voluntarily waives the benefits of any shorter limitation period. LESSOR sball have the right, but not the duty, to enter upon the Premises from time . to time as set forth below to inspect the Premises for environmental contamination and in the course thereof to conduct soil and groundwater testing. LESSOR may enter the Premises during regular business hours of LESSEE without prior notice, and may enter the DRAFT . Premises during periods other tb<i.i.~ regular business hours either with prior written consent of LESSEE or without if LESSOR reasonably believes that an emergency exists on the Premises. LESSOR shall conduct any such inspections or testing so as to ntinimize interference with LESSEE's business operations. LESSOR's entry onto the Premises pursuant to this paragraph shall not relieve the LESSEE's obligation to pay rent under this Lease. Notwithstanding the foregoing, LESSEE is not responsible, by virtue of the terms of tills Lease, for any contamination existing on the Premises prior to LESSEE's use or occupancy of the Premises except for abatement, encapsulation or removal of contamination necessitated by Lessee's alteratio~ modification or improvement of the buildings, design, or structure of the premises for Lessee's use. XII. TESTING PROVISION At the request of LESSOR, upon the termination of the Lease, or during tbe term hereof, LESSEE shall pay for the services of a state-approved contractor to sample wbat appears to be any visibly contaminated areas of the premises. For any contaminated areas, LESSEE's contractor shall provide remediation recommendations to LESSOR, and shall perform remediation to the satisfaction of LESSOR and as required by applicable federal, state, or local environmental laws, regulations, or directives. Copies of the results shall be forwarded to LESSOR by LESSEE to ensure that the premises are returned to LESSOR . reasonably free of contamination and in compliance Vlith all applicable environmental laws, ordinances, regulations and requirements. The provisions of this paragraph shall survive the termination of this Lease. Notwithstanding the foregoing, LESSEE is not responsible, by virtue of the tenns of this Lease, for any testing, sampling or remediation costs resulting from contamination existing on the Premises prior to LESSEE's use or occupancy of the Premises except for testing, sampling or remediation costs that are required to be incurred as a result of LESSEE altering, modifying or improving the building, design, or structure of the Premises for LESSEE's use. XIII. RIGHT OF ENTRY LESSOR may enter the Leased Premises at any time to examine, inspect, or protect the premises and to make alterations, renovations, or repairs. In doing so, LESSOR sball take reasonable steps to minimize interference with the activities conducted by LESSEE and LESSEE's subtenants on the Leased Premises. XIV. AMENDMENTS . No waivers, alterations or modificatioI15 of this Lease or any agreements in connection therewith shall be valid unless in writing duly executed by both LESSOR and LESSEE herein. DRAFT . xv. NOTICES All notices required or permitted pursuant to this Lease shall be directed to the following individuals and shall be either hand-delivered or mailed to the following addresses: To LESSEE: City of Hopkins 1010 First Street South Hopkins, Mn. 55343 Attention: City Manager To LESSOR: Hennepin County Regional Railroad Authority Southwest Street Level Government Center Minneapolis, MN 55487-0016 Attention: Manager, Transit and Real Estate XVI. ACCEPTANCE LESSEE understands that the premises are a former railroad right of way and may contain cont::lmination that may be hazardous to human health. LESSEE accepts the premises with the full knowledge that this potential hazard may exist. . LESSEE also accepts said premises subject to any want or failure at any time of LESSOR's title to said premises or any part thereof and LESSEE shall assume any damages sustained by LESSEE in connection therewith. LESSEE also accepts such premises subject to rights of any party, including LESSOR, in and to any existing roadways and easements. LESSEE agrees to provide to LESSOR or other tenants of LESSOR access over and through the premises on these roadways and easements should such access be deemed necessary by LESSOR. LESSEE accepts said premises subject to the right of LESSOR, its employees, agents and contractors to walk upon said premises to repair adjacent property and the right of LESSOR, its employees, agents and contractors to temporarily place equipment upon the leased property for the purpose of maintaining, repairing or inspecting or constructing upon LESSOR's adjacent property. . This agreement shall be subject to the rights of all licenses, permits and easements for poles, wires, pipelines, sewers and billboards that exist or may be placed upon, across, above, or underneath the Leased Premises by LESSOR, its employees, agents, licensees and representatives or invitees. LESSOR reserves unto itself, its employees, agents, licensees and representatives the right to place additional poles, \Vires, pipelines, sewers and billboards upon, across, abov~, or underneath the Leased Premises and agrees that any such additional placements shall be conducted in a manner as to not unreasonably interfere with LESSEE's operations thereon. . DRAFT . XV1I. LIENS Ai'iD ENCUMBRANCES LESSEE shall not permit any liens or encumbrances to be established or to remain against the Leased Premises. Liens or encumbrances for purposes of this section mean any mortgage, pledge, security interest, lien or encumbrance on (or affecting) any portion of the Leased Premises, including (without limitation) tax. liens or encumbrances and liens or encumbrances with respect to work performed or equipment or material furnished in connection with LESSEE's use of the Leased Premises. . . DRAFT . LESSEE having signed this Lease, and the Hennepin County Regional Railroad Authority's Commissioners having duly approved this Lease on the _ day of · 199_. and pursuant to such approval, the proper officials having signed this Lease, the parties hereto agree to be bound by the provisions of this Lease. H&~PIN COUNTY REGIONAL RAILROAD AUTHORITY Upon proper execution, this agreement will be legally valid and binding. By: And: ~~bi~~ . Approved as to execution: LESSEE-CITY OF HOPKINS I C &<--/( ,- ~ ' "- ') , Charles Redepenninp Mayor . Assistant CwmtyAttorney ... Date G" -..,J.-; /' <1 , Date: 7- 10 -f? ~---~ ~- - - - -, Steven M. Mielke, Ci~ Manager Date: & - J j7" (p The City is organized pursuant to: Plan A_Plan B_ Charter X . HClUlA Rcv.Leue,FrmJ3/13194 1.0 " , ,. - ~ Z- ........ ~ \ EXHIBIT A \ /' 0 ,-; "\ I . - . . DRAFT EXIDBIT C . . ~--- - ---~ ~ ~ CONSULTING GROUP, me: -- ,,~ -Iopkins Depot Trailhead Site Plan uburban Hennepin Regional Park District /ldY 26, 1999 g ..............."'" 0\ 0 \0 C'L 0...-1 ~. ~~ 0 l;<: ~s 8 o.g '-' C1:ITJ ) ~ Excelsior Blvd. I:l[:Jg 0 Entrance Sign ~ I tn::ill .. 1 C1CID I I I 1 ... - - - -...... - ----- , , 0' , ~ 4,0: .. He :JfQr.tableRestlK)QIDS.:::...... ...................Bike::Racks:. ::::::::Jfrash:::- .::::Jrrforfiiau, with Enclosure . . Enclosure Kiosk / mmH::::::m ...... L:::W6tiri~ ..mHCm ,mMmmm- ..... :)=. . ,embril ...........- '-"i,".'--- _ ..'......... ......... ...........--...-. .'-.....-.--,..... ..-.--- r, ._.._.-.,- ", ....-."-'- , DRAFT . SUBLEASE This sublease is made by the City of Hopkins, a political subdivision of the State of Minnesota, Lessor, and Suburban Hennepin Regional Park District, a public corporation and political subdivision of the State of Minnesota, Lessee, RECIT ALS 1) Lessor, Lessee, Student Board, an unincorporated association, and the Hennepin County Regional Rail Authority (HeRRA), a political subdivision of the State of Minnesota, . are parties to an Agreement, dated , 1999 (the" Agreement"). By the terms of said Agreement the Lessor and Lessee have agreed to enter into this sublease, to be effective upon the occurrence of certain conditions, The Agreement is attached hereto as Exhibit A 2) Lessor is the Lessee under a lease agreement with HCRRA dated June 28, 1996 for the subject premises ("HeRRA lease"). The HeRRA lease is attached hereto as Exhibit R NOW THEREFORE, for and in consideration of the Agreement, the mutual covenants herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and the Lessee hereby covenant and agree as follows: 1) Subleased premises. Lessee agrees to sublease from Lessor and Lessor agrees to sublease to Lessee that certain property ("subject premises") described as follows, together with improvements: The Hennepin County Regional Railroad Authority Depot Building, formerly the Chicago & North Western Transportation Company Railroad Depot, and adjacent properties, located near CSAH 3 and TH 169 in the City of Hopkins, as marked on Exhibit C, which is attached and incorporated by reference into this sublease, 2) Term, option to renew, and termination, Lessee acknowledges that the subject premises were leased by Lessor from HeRRA under the terms and for the purposes specified e in the HCRRA lease. SUBLEASE Page I of 4 DRAFT . The term of this sublease shall be for a period commencing at such time as the Student Board ceases to operate the coffeehouse, as provided in the Agreement, and terminating at 2400 hours on June 30, 2016, Lessor shall take all measures necessary to keep the HCRRA lease in full force and effect Upon request of Lessee, Lessor shall use best efforts to renew the HCRRA lease for such additional term as may be requested by Lessee, In the event of such additional term, Lessor shall extend this sublease for the same term, Lessee may terminate this sublease or any renewal at any time by giving six month's written notice, Lessor may not terminate this sublease, unless Lessor receives written notice of termination from HeRRA If the HCRRA lease is terminated, City must immediately notify Lessee, Without further notice or demand, Lessee shall deliver possession of the subject premises to the Lessor and shall remove all fixtures, machinery, equipment, furniture or other personal property kept or installed in subj ect premises by Lessee, If it shall fail to remove such property, its right to do so shall cease at the option of the Lessor, and Lessee's title thereto shall be forfeited for consideration, 3) Utilities. Lessor agrees to pay all costs for water, sewer, heat and electricity and any other utilities, if any, used or consumed in connection with the subject premises, including waste or trash removal costs and snowplowing. 4) Consideration, The consideration for this sublease shall be the expenditures made . by Lessee in accordance with the Agreement and rent payable, at the rate of $ 1 ,00 per year, upon the termination of this sublease, During the term of this sublease, Lessor shall be responsible for maintaining the subject premises in good repair, including but not limited to snow removal and weed control, and maintaining the fixtures and equipment in good repair. Lessor shall modify, repair or replace equipment when necessary. Lessee shall be responsible for the expense of maintaining or replacing the memorial to Marcia Taubr and any advertisements or signs relating to Lessee's use of the subject premises, 5) Environmental concerns, Lessee shall not create any condition of the subject premises that could present a threat to human health or to the environment Lessee shall bear the expense of all practices or work, preventative, investigative, or remedial, which may be required because of any conditions of the subject premises caused by Lessee. Lessor shall defend, indemnify and hold Lessee harmless from all claims growing out of any damages alleged to have been caused by any entity or person except Lessee, whether preexisting at the effective date of this sublease, or created or discovered during the term of this sublease. 6) Assignment and subletting. Lessor shall not enter into any other subleases of the subject premises without the written consent of Lessee. Lessee shall not, without the prior written consent of Lessor, assign, sublet or in any e manner transfer the subject premises or this sublease. SUBLEASE Page 2 of 4 DRAFT . 7) Writing required, No waiver, modification or additional requirement of this sublease shall be binding on the parties, unless such change is made in writing, properly executed, 8) Notices. Notices required under this sublease shall be in writing and directed to the following individuals, Any notice shaH be deemed given on the date the same is deposited in the United States mail, postage prepaid, addressed as follows, Ifte the Lessor: City of Hopkins Attn: City Manager 10 I 0 First Street South Hopkins, MN 55343 ffto the Lessee: Suburban Hennepin Regional Park District Attn: Director of Administration 12615 County Road 9 Plymouth, MN 55441 In addition to those notices required elsewhere in this sublease, Lessor shall give notice to Lessee in the event of termination, amendment or modification of the HCRRA lease, 9) Remedies, If Lessor fails to maintain or repair the subject premises in accordance . with the terms of this sublease, Lessee may effectuate the repairs or maintenance and may hold Lessor responsible for the cost of the maintenance or restoration, If Lessor fails to perform any obligation required of it by the HCRRA lease, Lessee may perform the required act, and may hold Lessor responsible for the cost of the performance, IN WITNESS WHEREOF, the parties have caused this sublease to be executed by their respective officers, Dated: ,1999 SUBURBAN HENNEPIN REGIONAL PARK DISTRlCT by James Deane, its Chair by Douglas F Bryant, its Superintendent and Secretary to the Board . SUBLEASE Page 3 of4 DRAFT . Dated: ,1999 CITY OF HOPKINS by its by its The HCRRA hereby consents to this sublease. Dated: ,1999 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY by its Chair, Board of Commissioners by its Executive Director . . SUBLEASE Page 401'4 --- . DRAFT EXHIBIT A . . DRAFT . AGREEMENT THIS AGREEMENT is by and among the Hennepin County Regional Railroad Authority, a Minnesota political subdivision (hereinafter "HCRRA"), the City of Hopkins, a Minnesota municipal corporation (hereinafter "City"), the Suburban Hennepin Regional Park District, a !vlinnesota political subdivision (hereinafter "Park District") and the Student Board, an unincorporated association, . RECITALS 1) BCRRA is the owner of certain real property (hereinafter "premises") described as follows: The Hennepin County Regional Railroad Authority Depot Building, formerly the Chicago & North Western Transportation Company Railroad Depot, and adjacent properties, located near CSAH 3 and TH 169 in the City of Hopkins, as marked on Exhibit A, which is attached and incorporated herein by reference, 2) CITY is the lessee of the premises pursuant to that lease number 73-32102 by and between HCRRA and City, executed on June 28, 1996 and attached hereto as Exhibit R 3) PARK DISTRICT is the operator, pursuant to a permit with BeRRA, of the southwest trail corridors, which extend generally southwest from the City of Hopkins. . AGREEMENT Page I of 4 .-- DRAFT . 4) STUDENT BOARD is an unincorporated association composed primarily of high school students which, pursuant to the consent of City, operates a coffeehouse on the leased premlses. 5) THE PARTlES TO THIS AGREEMENT wish to agree on terms and conditions under which Park District may improve the premises and provide a trailhead for its regional trail for the southwest regional trail corridor. NOW THEREFORE, in consideration of the covenants by and between all the parities hereto, it is hereby agreed as follows: 1) P ARK DISTRICT shall, at its own expense, develop the premises according to site plans to be prepared by SRF Consulting Group, Inc" pursuant to the consultant services and fee proposal letter attached as Exhibit C. . 2) HCRRA, CITY AND STUDENT BOARD hereby consent to the improvements, and approve the site plan for the facility. 3) CITY AND STUDENT BOARD agree that Park District and park users shall be permitted access to all facilities, including the depot property, building, parking lot and its restrooms during all hours those facilities are operated. The facilities shall be operated a reasonable number of hours a week Park District shall have unlimited access to all improvements developed by Park District pursuant to this agreement, without regard to coffees hop hours of operation. 4) HCRRA, CITY AND PARK DISTRICT agree that if Student Board ceases to operate the coffeehouse, Park District has the right to possess the property in accordance with the tenns of the attached sublease. City shall do all that is required to put the Park District in possession of the premises, The Student Board shall be deemed to have ceased operating the . coffeehouse if 1) it gives notice of doing so, 2) the City gives notice to the Student Board to AGREEi\1ENT Page 2 of4 DRAFT . cease operating, 3) the coffeehouse is closed by any regulatory or other body having the authority to require operations to cease, 4) the coffeehouse has not been operated for a period of one month, or 5) by any other means, Dated: , 1999 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY by its , and by its Dated: , 1999 SUBURBAN HENNEPIN REGIONAL P ARK DISTRICT by James Deane, its Chair, and e by Douglas F Bryant, its Superintendent and Secretary to the Board Dated: , 1999 CITY OF HOPKINS by i its , and by its . AGREEi\1ENT Page 3 of4 DRAFT . Dated: ,1999 THE STUDENT BOARD by its . i , . AGREENfENT Page 4 of4 '- . DRAFT EXlllBIT B It . DRAFT . HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Lease No. 73-32102 Southwest Street Level, Government Center Minneapolis, Minnesota 55487-0016 (612/348-9260) LEASE AGREEMENT TIllS AGREE?vfENT, er:tered into by and between the HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY, a Minnesota political subdivision, LESSOR, and City or Hopkins. 1010 First Street. Hopkins. Minnesota 55'3~, LESSEE; In consideration of the covenants by and between the parties, IT IS HEREBY AGREED: I. LEASED PREMISES . LESSEE agrees to lease from LESSOR, and LESSOR agrees to lease to LESSEE, that certain property described as follows: The Hennepin County Regional Railroad Authority Depot Building, formerly the Chicago & North Western Transportation Company Railroad Depot, and adjacent properties, located near CSAH 3 and TH 169 in the City of Hopkins, which is marked in pink on Exhibit A Exhibit A is attached and incorporated by reference in this Lease. II. USE OF LEASED PREMISES The Leased Premises shall be for the use of LESSEE, its agents, officers and employees and invitees for the following specified purpose and shall be limited to that specified use: The building will be used for community recreation and education purposes and related public uses. The adjacent land will be used for parking cars and activities consistent with the zoning requirements of the Leased Premises. III. TERM, OPTION TO RENEW, AND TERMINATION . LESSEE acknowledges that the Leased Premises were acquired by LESSOR specifically and solely for the purpose of constructing a light rail transit system and its associated facilities and that it is LESSOR's intention to lease the Leased Premises only EXHIBIT B . DRAFT until they are needed for that purpose. Nothing in this Lease shall be deemed to evidence . any change by LESSOR of its intended use of the Leased Premises for light rail transit purposes or other permitted transportation purposes. Rather, LESSOR has agreed to the terms of this Lease to provide a use for the Leased Premises during the time required for further planning and development of the light rail transit system or other transportation system. The term of this Lease shall be for a period of twenty years commencing on July 1, 1996, and terminating at 2400 hours on June 30, 2016. LESSEE shall have the option to renew this Lease for additional periods subject to approval by the LESSOR. LESSOR or LESSEE may terminate this Lease or any renewal, at any time, by giving six months' written notice to vacate Leased Premises. Six months' after service of said notice, this Lease and all rights hereunder shall terminate except for such rights as may have accrued to either party prior to such termination. At the termination of this Lease, by notice or upon expiration of the Lease term, without further notice or demand, LESSEE shall deliver possession of the Leased Premises to the LESSOR and shall remove all property or fixtures placed upon the Leased Premises which it desires and has the right to remove. If it shall fail to remove such property, its right to do so shall cease at the option of the LESSOR, and LESSEE's title thereto shall be forfeited and the same shall belong to the LESSOR. . IV. RENT LESSEE agrees to pay all costs for water, sewer, heat, and electricity and any other utilities, if any, used or consumed in connection with the Leased Premises, including waste or trash removal costs and snow plowing. Upon such termination of this Lease, rent shall be paid by the Permittee to the date of termination fixed by said notice at the rate of $1.00 per year. V. 1\1AINTENANCE At'lD REPAIRS At all times during its occupancy of the Leased Premises, LESSEE shall be responsible for 100 percent of the expense of maintaining the Leased Premises in good repair, including but not limited to, snow removal and weed control, and maintaining the fixtures and equipment in good repair; and shall use reasonable precaution to prevent waste, damage, or injury; and shall modify, repair, or replace equipment when necessary. No posters, signs or advertising matter of any kind shall be posted on said premises other than advertisements or signs relating strictly to the business which is being conducted thereon. LESSEE shall pay all costs, including the costs of all labor and materials, of any . remodeling, decorating and alteration work performed on the Leased Premises by LESSEE. DRAFT . LESSOR shall not be liaL~c to LESSEE or those claiming by, through, or under LESSEE for any injury, death, or property damage occurring in, on, or about the Leased Premises. Without limitations of the foregoing, LESSOR shall not be liable for any loss or damage which may be sustained by LESSEE or others in, about, or adjacent to the Leased Premises by reason of the present or future condition of repair of the Leased Premises, or for loss or damage arising from the acts or omissions of LESSEE or other tenants or occupants. Without limitation to the foregoing, LESSOR shall not be liable for any loss or damage which may be sustained by LESSEE or others by reason of the freezing, bursting, overflowing, or defect of any water, sewer, gas or steam pipes, closets, or sinks in, about, or adjacent to the Leased Premises, nor for any loss or damage which directly or indirectly may be sustained because of water, ice or snow from roof, skylights, trap doors, or otherwise. LESSEE shall make no material alterations, additions, or improvements to the building or design or structUre of the Leased Premises or modify the use or purpose of the Leased Premises without prior written consent from LESSOR. Notwithstanding the foregoing, LESSEE shall not be required to maintain, repair, restore or improve the Leased Premises or the equipment or fixtures thereon to a condition different from that which existed on the date of this Agreement. . V1. INDEMNlFICATION AND INSURANCE A Indemnification LESSEE shall defend, indemnify, and hold harmless LESSOR, its Commissioners, officers, agents, and employees from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LESSEE, its contractors, subcontractors, officers, agents, employees, customers or invitees, in the performance of this Lease. B. Insurance In order to protect itself, as well as LESSOR under the indemnity provisions hereinabove set forth, LESSEE or LESSEE's contractors, subcontractors or agents performing work on the premises shall purchase and maintain in force at all times during the term of this Lease the following minimum insurance coverages applicable to the Leased Premises, affiliated activities, and/or this Lease: 1. Commercial General Liability to include the following coverages and Insurance lirni !s. Contractual Liability coverage must be included. . Limi ts General Aggregate $1,000,000 Products-Completed Operations Aggregate 1,000,000 .- ---_._~ DRAFT Personal and Advertising Injury 1,000,000 . Each Occurrence . Combined Bodily Injury and Property Damage 1,000,000 Fire Damage. Any One Fire 50,000 Medical Expense - Per Person 5,000 2. Automobile Liability including owned, non- owned, and hired automobiles. Combined Bodily Injury and Property Damage $1,000,000 3. Workers' Compensation and Employers' Liability a. Workers' Compensation. Statutory. If the contractor is based outside of tbe State of Minnesota, coverage must apply to Minnesota laws. b. Employers' Liability. Bodily injury by: Accident - Each Accident $100,000 Disease - Policy Limit 500,000 . Disease - Each Employee 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establisbes minimum insurance requirements. It is the sole responsibility of the LESSEE to determine tbe need for and to procure additional coverage which may be needed in connection \\lith this Lease. All insurance policies shall be open to inspection by the LESSOR, and copies of policies shall be submitted to the LESSOR upon written request LESSEE shall be entitled to purchase and maintain during the term of this Lease "all risk" property insurance covering the Lease Premises and all of Tenant's leasehold improve~ ments, fixtures and personal property located on the Leased Premises. Such property insurance shall name Lessor as an additional insured, provided that, nornrithstanding any provision of this Lease to the contrary, all proceeds of such insurance shall be the sole property of Lessee, and Lessee shall determine whether sllch proceeds shall be used to restore the Leased Premises or shall be retained by Lessee. In the event Lessee elects to use the proceeds of such property insurance to restore the Leased Premises, Lessee and Lessor shall fully cooperate with one another in effecting such restoration. Nocwithstanding the foregoing, Lessee shall not perform any restoration work without prior written consent from Lessor. . - --.---- DRAFT . This Lease shall be valid when the LESSEE has obtained required insurance and filed an acceptable certificate of insurance with the Authority. The certificate shalL . Name Hennepin County Regional Railroad Authority as certificate holder and as an additional insured with respect to operations covered under the Lease for all liability coverages except Workers' Compensation and Employers' Liab ili ty. . List any exceptions to the insurance requirements. . Amend the certificate of insurance to show Hennepin County Regional Railroad Authority will receive 30 days' written notice in the event of cancellatio~ non-renewal, or material change in any described policies. Delete the wording: "Endeavor to" and '~ut failure to provide such written notice shall impose no obligation or liability of any kind upon the company . . It Its agents or representatIves. All certificates of insurance shall provide that the insurance company shall give thirty (30) days' written notice to both LESSEE and LESSOR of cancellation, non-renewal, or any material changes in the policy and certificates of insurance shall so state. VII. ASSIGNMENT AND SUBLETTING . LESSEE shall not, except with the prior written consent of LESSOR, assign, sublet, mortgage, pledge, or in any manner transfer the Leased Premises or this Lease. Notwithstanding this provision, LESSOR agrees that LESSEE may sublet all or part of the Leased Premises to student organizations conducting community recreational educational activities thereon with the understanding that LESSEE shall remain bound by and responsible to LESSOR under the terms of this Lease notwithstanding any sub-lease. VlII. COMPLIANCE MTH lAWS, ORDINANCES, Al'lD RULES LESSEE agrees to comply with all laws, ordinances, and regulations of federal, state, municipal and local government agencies as they apply to its occupancy of the Leased Premises and/or the business it transacts on the Leased Premises. LESSEE shall comply with any reasonable rules adopted by LESSOR for the safety, care, and cleanliness of the Leased Premises and for the preservation of good order therein and shall at all times keep the Premises clear and safe. LESSEE shall not permit the existence of any nuisance on said Premises. IX. TRADE FIXTURES, MACHINERY, AND EQUIPMENT LESSOR agrees that all trade fIXtures, machinery, equipment, furniture, or other . personal property kept or installed on the Leased Premises by LESSEE shall not become the property of LESSOR and may be removed by LESSEE, subject to LESSOR's rights as set forth in Section ill. DRAFT . X. REMEDIES OF LESSOR It is further agreed between the parties hereto, that if the said LESSEE shall breach or make default in any of the conditions, covenants or agreements of this Lease, which breach or default shaH continue for fifteen (15) days after LESSEE's receipt of written notice thereof from LESSOR, then it shall be la'Nful for the LESSOR, then or at any time thereafter, to declare this Lease ended, and to re-enter said premises and take possession thereof and to use any reasonable or necessary lawful force for regaining possession; whereupon the rights and obligations of the parties shall be the same as above specified in the case of tenninarion at the end of six months' notice; and it is hereby further agreed and provided that any waiver at any time of a breach of any conditio~ covenant or agreement of this Lease shall extend only to the particular breach so waived and shall, in no manner, impair or affect the existence of such condition, covenant or agreement, or the right of LESSOR thereafter to avail itself of same and any subsequent breach thereof. In the event LESSOR has to take action for repossession of said property, LESSEE, its assigns or heirs shall be liable for reasonable attorney's fees incurred by LESSOR. XI. ENVIRONMENTAL CONCERNS LESSEE shall not create or permit any condition of the Premises that could present a threat to human health or to the environment. LESSEE shall defend, indemnify and hold harmless LESSOR and its affiliates from any suit or claim growing out of any damages . alleged to have been caused by, contributed to, or a~PTavated by the violation by LESSEE, LESSEE's contractors, subcontractors or agents or any sub-lessee's violation of any federal, state or local laws, ordinances, regulations or requirements pertaining to air, water (surface or groundwater) or noise pollution or any toxic, hazardous or solid substances or wastes, pollutants or contaminants, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasolinet fuel oil, crude oil and various constituents of such products (all of which are hereinafter collectively referred to as "contamination") and the storage, handling, use or disposal of any such material by LESSEE, any sub-lessee, contractor, subcontractor or agent of LESSEE performing work on or from the Premises. LESSEE shall bear the expense of all practices or work, preventative, investigative or remedial, which may be required because of any conditions of the Premises caused by LESSEE or any use of the Premises by LESSEE or those claiming by, through, or under LESSEE, during LESSEE's period of occupancy or during LESSEE's ownership or use prior to the date of this Lease. LESSEE expressly agrees that the indemnification defense and hold harmless obligations it hereby assumes shall swvive cancellation of this Lease. LESSEE agrees that statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until I LESSOR discovers any such health or environmental impairment and LESSEE hereby i knowingly and voluntarily waives the benefits of any shorter limitation period. LESSOR shall have the right, but not the duty, to enter upon the Premises from time . to time as set forth below to inspect the Premises for environmental contamination and in the course thereof to conduct soil and groundwater testing. LESSOR may enter the Premises during regular business hours of LESSEE without prior noticet and may enter the DRAFT . Premises during periods other tha.;~ regular business hours either with prior written consent of LESSEE or without if LESSOR reasonably believes that an emergency exists on the Premises. LESSOR shall conduct any such inspections or testing so as to minimize interference with LESSEE's business operations. LESSOR's entry onto the Premises pursuant to this paragraph shall not relieve the LESSEE's obligation to pay rent under this Lease. Not\.vithstanding the foregoing, LESSEE is not responsible, by virtue of the terms of this Lease, for any contamination existing on the Premises prior to LESSEE's use or occupancy of the Premises except for abatement, encapsulation or removal of contamination necessitated by Lessee's a1teratio~ modification or improvement of the buildings, design, or structure of the premises for Lessee's use. XlI. TESTING PROVISION At the request of LESSOR, upon the termination 'of the Lease, or during the term hereof, LESSEE shall pay for the services of a state-approved contractor to sample what appears to be any visibly contaminated areas of the premises. For any contaminated areas, LESSEE's contractor shall provide remediation recommendations to LESSOR, and shall perform remediation to the satisfaction of LESSOR and as required by applicable federal, state, or local environmental laws, regulations, or directives. Copies of the results shall be forwarded to LESSOR by LESSEE to ensure that the premises are returned to LESSOR . reasonably free of contamination and in compliance with all applicable environmental laws, ordinances, regulations and requirements. The provisions of this paragraph shall survive the termination of this Lease. Notwithstanding the foregoing, LESSEE is not responsible, by virtue of the terms of this Lease, for any testing, sampling or remediation costs resulting from contamination existing on the Premises prior to LESSEE's use or occupancy of the Premises except for testing, sampling or remediation costs that are required to be incurred as a result of LESSEE altering, modifying or improving the building, design, or structure of the Premises for LESSEE's use. XIII. RIGHT OF ENTRY LESSOR may enter the Leased Premises at any time to examine, inspect, or protect the premises and to make alterations, renovations, or repairs. In doing so, LESSOR shall take reasonable steps to minimize interference with the activities conducted by LESSEE and LESSEE's subtenants on the Leased Premises. XIV. Ai.\1ENDMENTS No waivers, alterations or modifications of this Lease or any agreements in . connection therewith shall be valid unless in writing duly executed by both LESSOR and LESSEE herein. - -, ,. , DRAFT xv. NOTICES . All notices required or permitted pursuant to this Lease shall be directed to the following individuals and shall be either hand-delivered or mailed to the following addresses: To LESSEE: City of HopkiI15 1010 First Street South Hopkins, Mn. 55343 Attention: City Manager To LESSOR: Hennepin County Regional Railroad Authority Southwest Street Level Government Center :Minneapolis, MN 55487-0016 Attention: Manager, Transit and Real Estate XVI. ACCEPTANCE LESSEE understands that the premises are a former railroad right of way and may contain cont::lmination that may be hazardous to human health. LESSEE accepts the premises with the full knowledge that this potential hazard may exist. LESSEE also accepts said premises subject to any want or failure at any time of . LESSOR's title to said premises or any part thereof and LESSEE shall assume any damages sustained by LESSEE in connection therewith. LESSEE also accepts such premises subject to rights of any party, including LESSOR, in and to any existing roadways and easements. LESSEE agrees to provide to LESSOR or other tenants of LESSOR access over and through the premises on these roadways and easements should such access be deemed necessary by LESSOR. LESSEE accepts said premises subject to the right of LESSOR, its employees, agents and contractors to walk upon said premises to repair adjacent property and the right of LESSOR, its employees, agents and contractors to temporarily place equipment upon the leased property for the purpose of maintaining, repairing or inspecting or constructing upon LESSOR's adjacent property. . This agreement shall be subject to the rights of all licenses, permits and easements for poles, wires, pipelines, sewers and billboards that exist or may be placed upon, across, above, or underneath the Leased Premises by LESSOR, its employees, agents, licensees and representatives or invitees. LESSOR reserves unto itself, its employees, agents, licensees and representatives the right to place additional poles, wires, pipelines, sewers and billboards upon, across, abov.e, or underneath the Leased Premises and agrees that any such additional placements shall be conducted in a manner as to not unreasonably interfere with LESSEE's operations thereon. . .. -- - - - - DRAFT . XVII. LIENS At~D ENCVMBRANCES LESSEE shall not permit any liens or encumbrances to be established or to remain against the Leased Premises. Liens or encumbrances for purposes of this section mean any mortgage, pledge, security interest, lien or encumbrance on (or affecting) any portion of the Leased Premises, including ('Nirhout limitation) ta.x liens or encumbrances and liens or encumbrances with respect to work performed or equipment or material furnished in connection with LESSEE's use of the Leased Premises. . . --=-- DRAFT LESSEE having signed this Lease, and the Hennepin County Regional Railroad . Authority's Commissioners having duly approved this Lease on the _ day of , 199_, and pursuant to such approval, the proper officials having signed this Lease, the parties hereto agree to be bound by the provisions of this Lease. HL'mEPIN COUNTY REGIONAL RAll.RGAn AUTHORITY Upon proper execution, this agreement will be legall y valid and binding. By: And: ~~5J E . ve irector6 . Approved as to execution: LESSEE-CITY OF HOPKINS I, / .- ~) , ( Lt-(..../( Charles Redepenni1' Mayor J Assistant Coonty Attorney Date (~ -..,)-; /9 , Date: 7 - /0 -t? ~~~~- -- - Steven M. Mielke, City Manager Date: & - .-2 j7", '7 (p The City is organized pursuant to: Plan A_Plan B_ Charter >: . HClUlA Jtey.u.-.Fnn.13I18~ 10 . . DRAFT EXHIBIT C . . n " \ I ~ ..' I \ EXH\B\\ ~ \ \ / r .