HomeMy WebLinkAbout[04c] Lease Agreement ��;�.�-�""��;
������;�f�;�,� Council Agenda Item 4 C
MEETING DATE: October 5,2015
AGENDA ITEM: Lease Agreement—Requested Action:Authorize the Mayor
and Administrator to execute the lease ageement between the City of St.Joseph and Little Saints
Academy.
SUBMITTED BY: Administration
BOARD/COMMISSION/COMNIITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council approved and purchased Colts Academy in
which Little Saints Academy is a tenant. The City Council purchased the building with the intent to keep
Little Saints as a tenant on a long term basis. Staff was instructed to develop a lease for at least five
years.
BACKGROUND INFORMATION: The lease included in the packet is for a five year term as
requested. Little Saints has confirmed that they are looking for a long term arrangement. It is noted that
the lease is not the same amount as they currently pay as over the past year they have lost space and have
had to discontinue one of their programs until they can have additional space and gym time. Therefore,
the amount of rent has been reduced. Little Saints will replace the floor covering at their expense and will
also add some additional playground equipment to the site. At the time when ISD 742 vacates the
property and Little Saints can expand their progam the additional rent will be chazged. In addition,Little
Saints will be responsible for their own cleaning of the facility. The rent has a 3%adjustment added each
year with a 1%reduction if they use auto pay.
BUDGET/FISCAL IMPACT: $ 10,395 rent revenue for 2015
ATTACHMENTS: Request for Council Action
Lease Agreement
REQUESTED COi7NCIL ACTION: Authorize the Mayor and Administrator to execute the Lease
Agreement between the City of St.Joseph and Little Saints Academy.
LEASE FOR SPACE
St.Joseph Community Center
The City of St.Joseph,a Minnesota municipal corporation with an address of 25 College Ave.N.,
PO Box 668, St.Joseph MN 56374("Landlord"),and Little Saints Academy,LLC,a Minnesota limited
liability company,with an address of 124 lst Ave SE,PO Box 285, St.Joseph MN 56374("Tenant"),
make this Lease effective as of ,2015)the"Effective Date".
Witnesseth:
The Landlord, in consideration of the rents and covenants hereinafter mentioned,does hereby
demise, lease and let to the Tenant,and the Tenant does hereby hire and take from the Landlord,the
following described premises(the premises),together with nonexclusive use with others of the common
areas(as hereinafter defined)in the building(as hereinafter defined)located in the City of St.Joseph,
County of Stearns,and State of Minnesota,namely:
That portion of Colts Academy located at 12415`Ave SE, St. Joseph, ("building'), consisting of
approximately 47,000 square feet, in accordance with exhibit A attached and made a part hereof.
1. Term and Use. The have and to hold the premises for the purpose of operating a child
care center without any liability or obligation on the part of the landlord of making any alterations,
improvements,or repairs of any kind on or about the premises except as otherwise provided herein for the
term of five(5)years,from the_day of ,2015,and continuing to and including the
day of ,20 ,unless extended or sooner terminated as hereinafter provided.
2. Possession. Except as hereinafter provided,the Landlord shall deliver possession of the
premises in the condition required by this lease on or before the date here above specified for
comxnencement of the term, subject to unavoidable delays beyond the landlord's control, but delivery of
possession prior to such comxnencement date shall not affect the expiration date of this lease. If the
premises sha11 not be available to the tenant for occupancy on the first day of the term,the Iandlord shall
not be liable to the tenant for damages,but a pro rata part of the rent shall be abated until the premises are
ready for occupancy. The taking of possession of the premises by the tenant sha11 be conclusive evidence
that the premises were in the agreed condition at the commencement of the lease term.
3. Fixed Rent. The tenant agrees to pay to the landlord at the landlord's office at 25 College
Ave N, St.Joseph MN 56374 or at such other place as the landlord may hereafter from time to time
designate in writing,without demand,a fixed rent as illustrated on the following table,per month for each
and every calendar month during the years prescribed below. Said rent shall be payable in advance on the
first day of each month. If the tenant opts to pay the fixed rent with automatic deposit,the tenant shall
deduct 1%from the rent as indicated on the table that follows:
_ ___ ___ ---- --
_ _ _ _
� � Ra.r(G7�s+df�o.lkto) Rswt,(Aa�o�roabtc Dsjro�iq ,
r� ��ty �,u.�t a��d�ty � A+�i � I
� 3Q15 � S _ 3,500_00 S d2,000_00 S 3,465_00 S 41,550_00�
� 201b S 3,605 00 S 43,2.60_00 S 3,56895 j S 42,82?d0
__ _ -- - _ --- -- --
2017 � S 3 713 15 S d4,55?_80 S 3,676_OZ � S 44,11222
.... _ _ _. _� --- --
_.
� 201$* � S 4,368_10 3 52,417..20 = 4,3Zd_42 Z 51,893:03�
� __ _. ___ � _ ____ _ __
; 2019 � S 4 499.14 � t 53,989.68 S 4 45+L_15 t 53,449 78
, _.._ __. _. ,- ---- - - - -- --
� 2020 � t 4 63412 �S SS,609_44 S 4„SS7.78 = SS 05333_
*Note:The rent will increase to the new rate when ISD 742 vacates the property and the tenant
has moved into the additional space and has additional gym space available.
4. Common Area. The term"common area"means the entire area designated for common
use or benefit within the building and the immediately surrounding area including,but not by way of
limiting, landscaped and vacant areas,walks,corridors,entrance areas, facilities such as washrooms,
drinking fountains,toilets, stairs, gyxns, cafeterias and playgrounds. The common area shall at all times
be subject to the exclusive control and management of the landlord and may be changed by the landlord
from time to time as deemed desirable. Subject to reasonable,nondiscriminatory rules and regulations to
be promulgated by the landlord,the common area is hereby made available to the tenant and its
employees, agents, customers,and invitees for their reasonable nonexclusive use in common with other
tenants,their employees,agents,customers, invitees,and to the landlord for the purposes for which
constructed. The landlord shall have the right to change the area,location, and arrangement of the
common area;to enter into,modify,and terminate easements and other agreements pertaining to the use
and maintenance of the common area;to close all or any portion of the common area to such extent as
may be necessary; and to do and perform such other acts in and to those areas and improvements as,in
the exercise of good business judgement,the landlord shall determine advisable with a view to the
improvement of the convenience and use thereof by the tenant,their officers,agents,invitees,employees,
and customers.
5. Additional rent. In addition to the fixed rent,the tenant shall pay as additional rental all
monies required to be paid by the tenant as set forth in the balance of these provisions. Specifically,but
not by the way of limitation,the reasonable value of any action taken or materials used by the landlord to
correct or mitigate any obligations of this lease by the tenant shall be deemed additional rent and charged
to the tenant,payable with the following month's fixed rent payment.
6. Utilities and services. Except on Saturdays, Sundays and legal holiday as long as the
tenant is not in default under any of the conditions of this lease,the landlord shall furnish such heat and
electricity(hereinafter called services)in and about the premises as shall be necessary for the comfortable
use and occupancy of the premises during customary business hours;provided,however,the landlord
shall not be liable for any damage for failure to furnish the services by reason of breakdowns,the
necessity for repairs or improvements to the services, fires,explosion, strikes,or any cause beyond the
landlord's reasonable control,and no temporary interruption or failure of the services shall render the
tenant liable to the landlord for damages by abatement of rent or otherwise.
The tenant shall provide janitorial service for the rented premises and maintain the premises in a
clean condition. During the lease term,the floors shall be maintained to the same level of care as they
were on the first day of the lease.
7. Care ofpremises. The tenant agrees: (a)to keep the premises in as good condition and
repair as they were in at the time that the tenant took possession,reasonable wear and tear and damage
from fire and other casualty for which insurance is normally procured; (b)to keep the premises in a clean
and sanitary condition; (c)to not commit any nuisance or waste on the premises,throw foreign
substances in plumbing facilities,or waste any of the utilities furnished by the landlord; (d)to not
obstruct entries,halls,stairways,lavatories,or other common areas,nor use them for anything other than
their intended purpose; (e)that a11 signage, including any placed on exterior windows of the premises,
shall be displayed with only the consent of the landlord; (fl to not place nails,tacks or other objects in
the brick wall; (g)to properly dispose of waste; and(h)to properly dispose of any unwanted materials no
later than the determination date of the lease.
` 8. Unlawful Use. The tenant agrees not to commit or permit any act on the premises that
would be in violation of any statute,regulation,or ordinance of any government body, or that would
increase the insurance rate on the building,or that would be in violation of any insurance policy carried
on the premises by the landlord. The tenant shall not disturb other occupants of the building by making
any undue noise and shall not do or perxnit to be done in or about the premises anything which will be
dangerous to life or limb.
9. Warranties of title and guiet possession. The tenant hereby warrants that it and no other
person, firm,or corporation has the right to lease the premises. So long as the tenant shall perform each
and every covenant to be performed by the tenant hereunder,the tenant shall have peaceful and quiet use
and possession of the premises without hindrance on the part of the landlord,and the landlord shall
defend the tenant in such peaceful and quiet use and possession under the landlord. Tenant understands
that a portion of the Premises will be leased to ISD 742 for an undetermined time but not to extend past
June, 2017.Tenant and ISD 742 will have access to hallways for the purpose of travel from entrances to
their lease spaces and between their leased spaces. Tenant understands that ISD 742 will be leasing part
of the building as set forth on the attached Exhibit A,and that ISD 742 shall peaceably and quietly hold
and enjoy the Premises for the term provided in its lease without hindrance or interruption from Tenant.
If Tenant believes that ISD 742 is hindering, interrupting or.disrupting Tenant's peaceful and quiet
enjoyment of the Premises,tenant shall report the matter to Landlord and Landlord shall resolve the
matter.Tenant understands and agrees that under no circuxnstances shall Tenant approach ISD 742 about
such hindrance or disruption,but rather the matter shall be brought to the attention of Landlord for
resolution. Landlord agrees that it will provide notice to ISD 742 in the event of a breach of the peaceful
and quiet enjoyment of the premises.
10. Shared Use of Gvm. The Tenant understands and agrees that ISD 742 will make use of
the gymnasium and playground for an undetermined time but not to extend past June,2017. Both
Tenant and ISD 742 will be assigned times for the exclusive use of the gym. Tenant understands and
agrees that it will have exclusive use of the gym from 8:00 AM—9:00 AM and from 12:00 PM— 1:00,
Monday through Friday. During days in which ISD 742 does not have an assigned use of the gym and
after the termination of the lease agreement between the Landlord and ISD 742,Landlord and Tenant
may negotiate a revised schedule for Tenant's use of the gym.
11. Landlord's access. The landlord, its employees,and its agents shall have the right to
enter the premises at all reasonable times for the purpose of inspecting,cleaning,repairing,altering,or
improving the premises or the building. Nothing in this paragraph shall be interpreted as requiring the
landlord to perform any such acts independent of the requirements of the other provisions of this lease.
The landlord shall also be permitted to enter the premises for the purpose of posting notices of non-
responsibility for alterations,additions,and repairs.
12. Alterations. The tenant shall not make any alterations,additions,or improvements in or
to the premise or add,disturb,or in any way change any plumbing or wiring therein without the written
consent of the landlord as to the character of the alternation,additions,or improvements to be made,the
manner of doing the work,the persons to do the work,the providing of costs therefor,and the returning
of the premises to the condition they were in at the commencement of this lease. However,the tenant
shall be permitted to change the color of any sheetrock walls;provided the landlord approves the painter
to perform any such work and all costs shall be the responsibility of the tenant. Any approved
alternations will be done at the tenant's sole expense.
13. Assi�nment or subletting. The tenant may not assign or hypothecate this lease or sublet
the premises or any part thereof,whether by voluntary act,operation of law,or otherwise,without the
prior written consent of the landlord in each instance. Consent by the landlord to one assignment of this
lease or to one subletting of the premises shall not be a waiver of the landlord's rights under this lease as
to any subsequent assignxnent or subletting. The landlord's rights to assign this lease are and shall
remain unqualified. No assignment shall release the tenant of any of its obligations under this lease.
If the tenant is a corporation,any transfer of this lease through merger,consolidation,corporate
reorganization, or liquidation,or any transfer,hypothecation, or other change in the ownership of the
shares of voting stock of the tenant resulting in a change of the present effective voting control of the
tenant by these persons or entities owning a majority of shares on the date of this lease, shall constitute
an assignment of this lease requiring prior written consent of the landlord.
14. Dama�e by fire or other casualt� If fire or other casualty shall render the premises
untenantable,this lease shall terminate forthwith,and prepayments of rent shall be refunded by the
landlord pro rata;provided,however,that if the premises can be repaired within ninety(90)days from
the date of such event,then at the landlord's option,by notice in writing to the tenant,mailed within
thirty(30)days after such damage or destruction,this lease shall remain in full effect,but the rent for the
period during which the premises are untenantable will be abated pro rata.
15. Insurance. Tenant,at its sole cost and expense,will carry and maintain in full force an
effect during the Lease's entire Term,the following insurance:
14.1 Liability Insurance.Commercial general liability insurance,providing coverage
for an"occurrence"rather than a"claims made"basis,including coverage for
Bodily Injury,Property Damage,Personal Injury,Contractual Liability(applying
to this Lease),and Independent Contractors,in current Insurance Services Office
Form or other form which provides coverage at least as broad.Tenant will
maintain a combined policy limit of at least$1,500,000 per occurrence and
$2,000,000 general aggregate applying to Bodily Injury,Property Damage,and
Personal Injury,which limit may be satisfied by Tenant's basic policy,or by the
basic policy in combination with umbrella or excess policies so long as the
coverage is at least as broad as that required in this Lease. Landlord will be
named as an additional insured under all such policies.
14.2 Insurance Certificate.At least ten(10)days before the Commencement Date,
Tenant will deliver to Landlord evidence that the insurance required by this
Lease is in full force and effect. At least ten(10)days before the expiration of
any insurance coverage this Lease requires,Tenant will deliver evidence that the
coverage in question will be renewed or replaced upon expiration.All evidence
of insurance will contain sufficient information to enable Landlord to determine
whether Tenant's insurance complies with this Lease's requirements.Upon
request,Tenant will also furnish to Landlord certificates of insurance for all
pertinent policies.All of Tenant's insurance policies used to provide the coverage
this Lease requires will(a)be endorsed to require the insurer to provide at least
thirty(30)days written notice to Landlord before cancellation, expiration,
material modification,or non-renewal,and(b)be issued by financially sound
companies qualified to do business in Minnesota and reasonably acceptable to
Landlord.
14.3 Landlord's Insurance. Landlord will carry in full force and effect the following
insurance during the Term:
A. Property Insurance. "All risk"property insurance covering the
full replacement value of the Premises,exclusive of Tenant's leasehold
improvements and any binders currently required by Tenant's insurance
company.
B. Liability Insurance. Commercial general public liability
insurance or its equivalent covering the Premises, in a combined single limit
amount of at least$1,000,000, and written on"claims-made"basis.
14.4 Worker's Comnensation Insurance. Tenant will keep in full force and effect
during the Term,at its sole cost and expense,workers compensation insurance to
the extent and in the amounts required by Minnesota law.
14.5 Waiver of Subro ati�on. Landlord and Tenant mutually release each other from
liability and waive all right of recovery against each other for any loss or damage
to the Premises,or its contents to the extent the loss or damage is covered by
insurance maintained by each respective party whether or not the required
insurance is actually maintained.This release and waiver applies to any loss or
daxnage from any cause whatsoever, including,without limitation,the negligence
of the other party,its occupants or permittees,and will also apply to the extent of
any deductible maintained by a party under its insurance policies.This Section
will be inapplicable if it would have the effect,but only to the extent it would
have the effect,of invalidating any insurance coverage of Landlord or Tenant.
14.6 Risk of Loss. Notwithstanding anything apparently to the contrary in this Lease,
Landlord and its partners,officers,employees and agents will not be liable to
Tenant,and Tenant releases such parties from all damage,compensation or
claims from any cause other than the intentional misconduct of Landlord or its
partners,officers,employees or agents arising from: loss or damage to personal
property or trade fixtures in the Premises including books,records, files,
computer equipment,computer data,money, securities,negotiable instnxments or
other papers; lost business or other consequential damage arising out of
interruption in the use of the Premises; and any criminal act by any person other
than Landlord or its partners, officers or employees.
14.7 Insurance on Tenant's Personal Propertv.Any insurance policy on Tenant's
personal property will be payable solely by Tenant and will contain a waiver of
subrogation rights against Landlord. Landlord will have no obligation to insure
Tenant's personal property.
16. Eminent domain.If the entire premises are taken by any public authority under the power
of threat or eminent domain,then the term of this lease shall cease as of the day possession shall be taken
by such public authority,and the landlord shall make a pro rata refund of any rent that may have been
paid in advance. In the event that less than the entire building is�so taken and taken that the premises are
not in the portion of the building so taken and provided the premises are not rendered untenantable
thereby,then this lease shall terminate only at the option of the landlord. In the event that only a port of
the premises is so taken and that this lease does not so terminate,there shall be a pro rata reduction in
rent,and all other terms and provisions hereof shall remain in full effect. All damages awarded for such
taking shall belong to and be the property of the landlord,irrespective of the basis on which they are
awarded.
17. Surrender. On the last day of the term of this lease or sooner termination thereof,the
tenant shall peaceably surrender the premises in good condition and repair,reasonable wear and tear
excepted,consistent with the tenant's duty to make repairs as provided in paragaph 7 of this lease. On
or before the last day of the term of this lease or its sooner termination,the tenant shall at its expense
remove all of its equipment from the premises,and any property not removed shall be deemed
abandoned. All alterations,additions, and fixtures other than the tenant's equipment which have been
made or installed by either the landlord or tenant on the premises shall remain as the landlord's property
and shall be surrendered with the premises as a part thereof. If the premises are not surrendered at the
end of the term or its sooner termination,the tenant shall indemnify the landlord against loss or liability
resulting from delay by the tenant in so surrendering the premises, including without limitation claims
made by any succeeding tenant founded on such delay. The tenant shall promptly surrender all keys for
the premises to the landlord at the place then fixed for payment of rent and shall inform the landlord of
combinations on any locks and safes on the premises. In no event shall the tenant be deemed to have
abandoned the premises or the lease during the terms hereof,unless the tenant first obtains the express
permission of the landlord. The provision of this paragraph 16 shall survive the termination of this lease.
18. Holdin over. In the event the tenant remains in possession of the premises after the
expiration of this lease with the permission of the landlord without execution of a new lease,it shall be
deemed to be occupying the premises as a tenant from month to month, subject to all the conditions,
provisions, and obligations of this lease insofar as they can be applicable to a month-to-month tenancy.
19. Nonpavment of rent;defaults. On the occurrence of any of the following: (a)a rent
payxnent from the tenant to the landlord shall be and remain unpaid in whole or part for more than ten
(10)days after it is due and payable; (b)the tenant shall violate or default any of the other covenants,
agreements, stipulations,or conditions herein,and such violation or default shall continue for a period of
ten(10)days after written notice from the landlord of such violation or default; or(c)if the tenant shall
be adjudged bankrupt or file a petition in bankruptcy or for any arrangements under the bankruptcy code
or become insolvent or have appointed a receiver of its property; then it shall be optional for the landlord
to declare this lease forfeited and the terms ended and to reenter the premises with or without process of
law using such force as may be necessary to remove all persons or chattels therefrom,and the landlord
shall not be liable for damage by reason of such reentry or forfeiture. Notwithstanding reentry by the
landlord or forfeiture or termination of this lease,the liability of the tenant for the rent provided for
herein shall not be relinquished or extinguished for the balance of the term of this lease.
20. Security interest. The tenant hereby grants to the landlord.a security interest in all goods,
chattels,fixtures,and personal property belonging to the tenant which now are or may hereafter be
placed in the premises to secure all rents due hereunder and all other covenants and obligations of the
tenant hereunder. In the event that there exists any security interest in the property which is paramount
and superior to the security interest herein created,the landlord may satisfy the paramount security
interest,and all sums paid in satisfying the security interest will be considered additional sums owed the
landlord by the tenant. The tenant hereby acknowledges receipt of a true, full,and complete copy of this
lease. The landlord,in the event of a default by the tenant of any covenant or condition herein
contained,may exercise(in addition to any rights and remedies herein granted)all the rights and
remedies of a secured party under the Uniform Commercial Code or any other applicable law.
21. Covenants to hold harmless. Except in the case of negligence of the landlord,it agents,
or its employees,the tenant agrees to save,hold harmless,and defend the landlord for any liability for
damages to any person or property in or about the premises. The landlord shall not be liable to the
tenant,its agents,employees,representatives,customers,or invitees for any personal injury,death,or
damage to property caused by theft,burglary,water,gas,electricity, fire, or for any other cause
occurring on or about the premises. All property kept, stored,or maintained in the premises shall be so
kept, stored,or maintained at the sole risk of the tenant.
22. Mechanic's liens. The tenant hereby covenants and agrees that the tenant will not permit
or allow any mechanic's or materialman's liens to be placed on the landlord's interest in the premises
during the term hereof. Notwithstanding the previous sentence,however,in the event any such lien shall
be so placed on the landlord's interest,the tenants shall take all steps necessary to see that it is removed
within thirty(30)days of its being filed;provided,however,that the tenant may contest any such lien
provided the tenant first posts a surety bond in favor of and insuring the landlord in an amount equal to
125%of the amount of any such lien.
23. Subordination. The tenant agrees that at the tenant's election this lease shall be
subordinate to any land lease,mortgages,or trust deeds now on or placed on the premises or building
and to any and all advances to be made thereunder,and to the interest thereon,and to all renewals,
replacements,and extensions thereof. The tenant hereby appoints the landlord as its attorney-in-fact to
execute such documents as may be required to accomplish such subordination.
24. Brokerage fees. Each party hereto warrants that it has not incurred any real estate
brokerage fees,finders' fees, loan brokerage fees,or any other fees to any third party in connection with
thislease.
25. Building_si�na�e. The tenant shall be permitted to place a dignified sign containing the
tenant's name on the door to the premises,the size and design of which shall be subject to the landlord's
approval.
26. Keys• The land lord will provide the tenant with keys to the premises as of the date of the �
coxnmencement of this lease.
27. No partnership,joint venture,or fiduciarv relationship created herebx Nothing contained
in this lease sha11 be interpreted as creating a partnership,joint venture,or relationship of principal and
agent between the landlord and the tenant,it being understood that the sole relationship created hereby is
one of landlord and tenant.
28. Cumulative Ri ts. No right or remedy herein conferred on or reserved to the tenant or
the landlord is intended to be exclusive of any other right or remedy provided by law,but each shall be
cumulative in and in addition to every other right or remedy given herein or elsewhere or hereafter
existing at law or in equity or by statute.
29. Reasonable consent. Wherever the landlord's or the tenant's approval or consent shall be
required herein, such approval or consent shall not be arbitrary or unreasonably conditioned,delayed,or
withheld and shall be deemed to have given unless within twenty(20)days of request therefor the
landlord or tenant,as appropriate,gives notice to the requesting party that the landlord and tenant,as
appropriate,is denying such approval or consent, staling in such notice the reasonable grounds thereof.
30. Attornev's fees. If any action at law or in equity shall be brought in court to recover any
rent under this lease or for or on account of any breach of or to enforce or interpret any of the covenants,
terms,or conditions of this lease or for the recovery of the possession of the premises,the prevailing
party shall be entitled to recover from the other party as part of the prevailing party's costs its reasonable
attorney's fees,the amount of which shall be fixed by the court and shall be made a part of any
judgement or decree rendered.
31. Notices. Any notice required or pernutted to be given by any party upon the other is
given in accordance with this lease when it is(a)delivered personally to an office of a party, (b)
deposited in a sealed wrapper in the United States mail,postage,prepaid,(c)deposited cost paid with a
nationally recognized,reputable overnight courier,or(d)f�ed or emailed,provided an original is
personally delivered or deposited as provided herein,properly addressed as follows:
If to Landlord: If to Tenant:
City of St.Joseph Little Saints Academy
25 College Ave N 124 l st Ave SE
PO Box 668 PO Box 285
St.Joseph MN 56374 St.Joseph MN 56374
Notices will be deemed effective on the earlier of the date of receipt or the date of deposit as
aforesaid;provided,however,that if notice is given by deposit,that the time for response to any notice
by the other party will commence to run one business day after any such deposit. Any party may change
its address for the service of notice by giving written notice of such change to the other party,in any
manner above specified, five(5)days prior to the effective date of such change.
32. Successors and assi ug_s. The lease shall be binding on and shall inure to the benefit of the
parties hereto and their respective assigns, executors,heirs,personal representatives,and successors.
33. Further assurances. In addition to any other information which may reasonably be
requested,either party shall without charge,at any time and from time to time hereafter,within ten(10)
days after written request,certify by written instnxment duly executed and acknowledged to any person,
firm,or corporation specified in such request:
(a) Whether this lease has been supplemented or amended,and if so,the substance
and manner of such supplement or amendment;
(b) The validity and face and effect of this lease,in accordance with its tenor as then
constituted;
(c) The existence of any default thereunder;
(d) The existence of any offsets,counterclaims,or defenses thereto on the part of
such other party; and
(e) The commencement and expiration dates of the term of this lease.
Any such certificate may be relied on by the party who requested it and by any other person,firm
or corporation to whom it may be exhibited or delivered, and the contents of such certificate shall be
binding on the party executing it.
34. Amendment,modification,or waiver. No amendment,modification,or waiver of any
condition,provision,or term of this lease shall be valid or of any effect unless made in writing, signed
by the party or parties to be bound,or its duly authorized representative,and specifying with
particularity the extent and nature of such amendment,modification,or waiver. Any waiver by any
party shall not affect or impair any right arising from any subsequent default.
35. Severable vrovisions. Each provision, section, sentence,clause,phrase,and work of this
lease is intended to be servable. If any provision, section, sentence, clause,phrase,and word hereof is
illegal or in valid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of this lease.
36. Entire a�reement. This lease contains the entire understanding of the parties hereto with
respect to the transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to the subject matter. No representations,warranties,undertakings,or
promises,whether oral, implied,written,or otherwise,have been made by either party hereto to the other
unless expressly stated in this lease or unless mutually agreed to in writing between the parties hereto
after the date hereof,and neither party has relied on any verbal representations,agreements, or
understandings not expressly set forth herein.
37. 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 of the scope of the particular paragraphs or sections to which they apply.
38. Reference to eg nder. When appropriate,the feminine gender may be read as the
masculine gender or the neuter gender;the masculine gender may be read as the feminine gender or the
neuter gender; and the neuter gender may be read as the masculine gender or the female gender.
39. Minnesota Law. This lease shall be constructed and enforced in accordance with the
laws of the State of Minnesota.
�n witness whereof,the parties hereto have executed this lease the day and year first above
written.
LANDLORD: TENANT
City of St.Joseph Little Saints Academy,LLC
By: By:
Its: Its: